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curio and relic one more time
DEEREHART
Member Posts: 373 ✭✭
Ok one more question. If the ATF decides to allow me to have a C&R, will they be interested in the guns that I already own or do they only have an interest in the arms I might purchase under the license?
Comments
You only have to enter the guns that you acquire, or sell, using the C&R license. Anything already in your possession is exempt from logging it in your C&R records unless you sell it.
I disagree with all of the above. Only those of us who hold Type 01 dealer FFLs are allowed firearms "off the books" and these must be clearly marked as such. In the case of a Type 03 C&R FFL, any firearm in your possession, not matter where it was obtained, that are classified as C&R must be in your A&D book. Obtaining a firearm before you had an FFL or purchasing it from a dealer on a Form 4473 does not exempt the firearm from being C&R and all C&R firearms must be booked.
Mark,
Please show me where it states that in the regulations... when I first got my C&R (03) License, I specifically asked this exact question to the BATF (Seattle branch)... the answer I received was this... previously owned firearms that would classify as Curio & Relic did not need to be entered in my records unless they were sold after obtaining the license. In my case, I have a fair number of old Winchesters that I owned for more than 20-years before obtaining the license, and there is no way to record who, when & where, I got them from... and the BATF does not expect you to.
Bert; I am a little confused, I would only record purchases and sales in which I use the C&R,but also anything that I previously owned would need to be recorded also? [?]
NO... nothing that you previously owned needs to be entered in the book until you sell (dispose of) it. I asked this exact question nearly 15-years ago, and the response from the Seattle BATF office was exactly as I have stated. There is no requirement to record a C&R eligible gun that you already own. The BATF does not expect you to recreate records from the past.
There was a BATF circular a few years ago that addresses the exact subject and I am searching for it, but naturally is is the one piece of paper that I just can't find.
If the BATF changed their rules on this subject, they have not made it well known, and they have opened themself up to a whopper lawsuit if the try to enforce it. It is not feasible to recreate records from past (historical) transactions. For instance, I bought a 1927 vintage Winchester Model 54 back in 1974 from a gunshop in my old hometown (that is long out of business). I do not remember the name of the person or his FFL number... nor was there any paperwork required back then to purchase it. The BATF does not expect me to do anything with that old rifle until the day I sell it.
I'm up for more discussion so hopefully we won't get locked at 10 responses.