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Curio & Relic Question

nunnnunn Forums Admins, Member, Moderator Posts: 36,083 ******
edited September 2019 in Ask the Experts
I just came from the BATFE website, looking for an answer, but I still have a question.

I know that a C&R that's on "the list." must be complete and not overly messed with. Example would be a Yugo SKS less than 50 years old. In its original form, it's C&R, but change it up from original and it's not anymore.

So, how about an old military rifle that has been substantially changed from its original condition, BUT it is over 50 years old?

I'm asking because I have a seriously bubba-ized Arisaka, even relined to a different caliber, and a 1891 Argentine Mauser that has been somewhat sporterized.

If they are C&R, I'll sell them as such, but if they're not, I'm fine with it.

Comments

  • TRAP55TRAP55 Member Posts: 8,292 ✭✭✭
    edited November -1
    I'm not sure on the Arisaka, but the 91 Argy falls under Antique status if the side rail says Manufactura Loewe Berlin. If it's marked DWM, the serial number needs to dated for Antique status. If it's Antique(made before Jan1,1899) modifications don't apply, non gun, mail it to their front door.
  • rufesnowrufesnow Member Posts: 241
    edited November -1
    This is how i feel, regarding C & R's. If the older military rifles have been sporterized, as far as being cut down. Either wood or metal or both. So that their physical appearance, has appreciatly changed, from when they left the arsenal. They are no longer C & R.

    Refinishing is the kicker, as far as C & R status though. Where i live, in the middle of no where. Of all things. That showed up at one of our small, hole in the wall gun shows. Was a Swedish, M 40, in 8 X 62 mm. Totally original, except some previous misguided owner. Had completely refinished it. Both wood and metal. Made me cry, when I saw it. Couldn't hardly believe it. in this case iMHO, it would have still be considered C & R. As it was totally original, except for the refinishing.
  • nunnnunn Forums Admins, Member, Moderator Posts: 36,083 ******
    edited November -1
    OK. The Argentine is an antique. Kinda pretty though. Thanks. I tried to put a picture here, but the file is too big.

    The question is: If we know a firearm to be at least 50 years old, does it matter that the stock has been customized and the caliber changed? Does it retain C&R status by virtue of its age alone?
  • MIKE WISKEYMIKE WISKEY Member Posts: 10,042 ✭✭✭✭
    edited November -1
    "If we know a firearm to be at least 50 years old, does it matter that the stock has been customized and the caliber changed? Does it retain C&R status by virtue of its age alone?"..................no it does not retain C&R status, take a ww1 mauser, put it in a sporter stock & screw a .30/06 barrel on it and it becomes a 'modern' sporting rifle.
  • mark christianmark christian Member Posts: 24,443 ✭✭✭✭
    edited November -1
    "If we know a firearm to be at least 50 years old, does it matter that the stock has been customized and the caliber changed? Does it retain C&R status by virtue of its age alone?"..................no it does not retain C&R status, take a ww1 mauser, put it in a sporter stock & screw a .30/06 barrel on it and it becomes a 'modern' sporting rifle.

    Right in the TEN-RING.

    27 CFR ?478.11, defines Curio or Relic (C&R) firearms as those which are of special interest to collectors by reason of some quality other than is associated with firearms intended for sporting use or as offensive or defensive weapons.

    Once these rifles are "sporterizd" they become exactly what MW said: modern sporting rifles which are of no special interest (notice that they must be of special interest and not general interest) to collectors.
  • nunnnunn Forums Admins, Member, Moderator Posts: 36,083 ******
    edited November -1
    Thanks for the replies.

    Here is the Mauser:

    https://www.gunbroker.com/item/834582828

    And the Arisaka:

    https://www.gunbroker.com/item/834587653

    In case you want to look at them, or even buy one.

    I would like to know whether the Mauser retains its antique status. Anyone?
  • dfletcherdfletcher Member Posts: 8,178 ✭✭✭
    edited November -1
    nunn wrote:
    OK. The Argentine is an antique. Kinda pretty though. Thanks. I tried to put a picture here, but the file is too big.

    The question is: If we know a firearm to be at least 50 years old, does it matter that the stock has been customized and the caliber changed? Does it retain C&R status by virtue of its age alone?

    Regarding retaining C&R status based on age alone, no. Regarding "customized and caliber changed" as you'll most likely conclude there is no hard and fast answer even for the term "original military configuration". I recently picked up a DGR reworked M1 Garand, beautiful Wenig stock & rechambered to 308, and there was some questioning as to whether C&R status still applied. The LGS ultimately said OK.

    ATF publishes guidelines, such as stock or finish changes, addition of scope mounts and caliber changes as being acceptable. FWIW, in any grey area I tend to apply a two part test. First, is the change visually noticeable and second, can the change be readily reversed without a trip to the gunsmith.

    https://www.atf.gov/firearms/qa/what-firearms-are-considered-be-curio-and-relic-firearms
  • nunnnunn Forums Admins, Member, Moderator Posts: 36,083 ******
    edited November -1
    I'm playing it safe. I have edited both auctions to reflect the rifles must go to a dealer/manufacturer FFL.
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