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Curio and Relic

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What is the definition of curio and relic?Does a 1958 Winchester Model 70 fall under this classification?
 
http://www.atf.gov/publications/firearms/curios-relics/index.html

To be recognized as C&R items, 478.11 specifies that firearms must fall within one of the following categories:

Firearms which were manufactured at least 50 years prior to the current date, but not including replicas of such firearms;
Firearms which are certified by the curator of a municipal, State, or Federal museum which exhibits firearms to be curios or relics of museum interest; and
Any other firearms which derive a substantial part of their monetary value from the fact that they are novel, rare, bizarre, or because of their association with some historical figure, period, or event.

Firearms automatically attain C&R status when they are 50 years old. Any firearm that is at least 50 years old, and in its original configuration, would qualify as a C&R firearm. It is not necessary for such firearms to be listed in ATF’s C&R list. Therefore, ATF does not generally list firearms in the C&R publication by virtue of their age. However, if you wish for a classification of your particular firearm under categories (b) or (c) above and wish your item to be listed, you may submit the weapon to the Firearms Technology Branch (FTB) for a formal classification.
 
OK,so what rules apply to buying,selling,possessing,using a curio or relic firearm?What is different than a modern firearm?
 
If you don't have a collector's license (FFL 03), there's no difference at all.
If you do have a license, you can buy them across state lines w/o going through a licensed dealer (but you have to record them in your "bound book" -- you do this whether you use a dealer or not) and you can have them shipped directly to your house.
 
Most Curios & Relics are basically Title I (1968 GCA) firearms unless they are antiques or Title II items.

Some states with restricive state laws on modern Title II (1934 NFA) firearms will allow collectors to own Title II firearms that are on the Curio & Relic List provided they are federally registered.

Firearms Curios or Relics List

A regulation implementing Federal firearms laws, 27 CFR Section 478.11, defines 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."

http://www.atf.gov/publications/firearms/curios-relics/index.html

Curios and Relics that are modified from their historic condition are recognized as weaponized and can lose C&R status becoming ordinary firearms. My .303 Enfield, which looks like it was commercially sporterized, is not a C&R for example. My son has a Yugo 59 as illustrated above and intends to keep it as-issued and C&R eligible.
 
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you can ask the atf to designate a specific firearm that is not otherwise eligible by nature of some curiosity associated with that specific firearm. Perhaps because of a previous owner or the history of that particular firearm.
 
There are lots of things to consider when a particular firearm has C&R status. If it's > 50 years old and hasn't been modified, it's automatically C&R. From my reading of what the ATF has said, if the modification isn't permanent and can be easily reversed (mounted in a more comfortable stock, rear sight replaced w/ a scope mount, etc), it's still C&R. This is why a barreled receiver is still considered C&R. Refinishing the stock or metal also doesn't change the status. Shortening the barrel, D&T for a scope, rebarreling with a different style of barrel all _usually_ result in a change of status.

Title II is a totally orthogonal issue to C&R. The fact that a firearm is an NFA firearm doesn't mean that it can't be a C&R firearm also. You can't bypass all the paperwork, but you can save some money for the actual transfer.

The other way a firearm can gain C&R status is by petitioning the ATF for a determination on the status for a specific gun or model of gun. My EDC gun is a CZ-82 that was manufactured in 1990, but it's a C&R gun thanks to someone who went this route and it was granted. If you look through the list of C&R guns that the ATF puts out, you'll see lots of "this-make-and-model, this-serial-number" listings for guns of significant historical interest.

My $0.02

Matt
 
Remember Chinese SKS's aren't C&R even when you can demonstrate they are older than 1963 (from Jianshe arsenal).
 
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