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Posted: 2/5/2009 1:40:10 PM EDT
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Can a barreled receiver be shipped to a C&R? I was told that just a receiver can't be sent to one but only a FFL.
Thanks! |
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I don't think I understand your question but I'll try and answer it anyway hoping that I give you a correct answer.
If the gun, or serial numbered receiver is on the C&R list it can be shipped. So say; a complete M1 Garand can be shipped to a C&R holder. Or the barrel and receiver of a M1 Garand could be shipped. On an AR 15 the complete upper can be shipped to a non licensed person and anyone else eligible to legally purchase. The lower which has the serial would need to go through a FFL dealer. The C&R is a FFL but not a dealer it is a collector FFL. |
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Thanks for the response guys and I appreciate it.
Now, I was told before that a receiver is not eligble, but a barreled receiver, (I'm talking about a Garand or M1 carbine not an AR) was a complete firearm . I received the same response several years ago and did not ship it to a C&R Confusing as I can ship a complete firearm, but not the receiver only and I get conflicting reports on barreled receivers. 
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Quoted:
Thanks for the response guys and I appreciate it. Now, I was told before that a receiver is not eligble, but a barreled receiver, (I'm talking about a Garand or M1 carbine not an AR) was a complete firearm . I received the same response several years ago and did not ship it to a C&R Confusing as I can ship a complete firearm, but not the receiver only and I get conflicting reports on barreled receivers. Technically, the receiver is the firearm. However, one of the criteria for C&R status is that the firearm must be in its original military configuration. If it is changed from that, it loses C&R status. Example: If you have a C&R Yugo SKS, and you remove the original wood stock, and replace it with a synthetic stock, you would no longer have a C&R SKS (even though the receiver is still the same). The firearm receiver does not carry the C&R status, but the firearm as a whole does. |
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Quoted:
Technically, the receiver is the firearm. However, one of the criteria for C&R status is that the firearm must be in its original military configuration. If it is changed from that, it loses C&R status. Example: If you have a C&R Yugo SKS, and you remove the original wood stock, and replace it with a synthetic stock, you would no longer have a C&R SKS (even though the receiver is still the same). The firearm receiver does not carry the C&R status, but the firearm as a whole does. I hate the argue the legallity of this as someone would have to be busted and charged by the ATF to get a definative ruling. But... The law states C&R is 50yo or on the C&R list. The law, which defines what a C&R is, DOES NOT say anything about original configuration. There are a few items on the C&R list which specifically say original config but not many. So, the logic would be if they wanted them all in original config, change the C&R definition or list them that way on the list. ATF has done neither. The ATF has applied the importation law, which does say original config for importation of militrary C&R, to all C&Rs. However the ATF has no legal backing to apply one law to the next. Its like saying you were speeding therefore you are drunk driving. The ATF has also gone back on the original config for importation issue by allowing the last batch of TT33s that had a non-original safety added and still called them C&R. They stated it was due to the safety requirements with the TT33 for import but whats the differnce. The TT33s were no longer original config. and they said they were still C&R. So whats the difference by law if you add a synthetic stock or have a stripped receiver. The ATF acknowledges the serial numbered part is the firearm. In the case of a stripped receiver it was still made over 50 years ago. Therfore its a firearm (by legal definition) made over 50 years ago. Therefore a stripped receiver is a C&R. I started to address this with the ATF in a C&R SBR debate that never made it as far as the original configuration issue. They cut that one off based on state law issues. Even the ATF reveiwer on that one said he would have to go higher up in the ATF food chain if the original config issue was challanged. If anyone has seen differently or has any updated letter on this let me know. I have the letters on the importation stuff already. |
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Yeah, the ATF has a habit of interpreting the law their way. I was getting my info from page 160 of the Federal Firearm Regulations Reference Guide (2005 Ed.). It states the following:
ATF has recognized only complete, assembled firearms as curios or relics. ATF's classification of surplus military firearms as curios or relics has extended only to those firearms in their original military configuration.
Frames or receivers of curios or relics are not generally recognized as curios or relics by ATF since they are not of special interest or value as collectors' items. Specifically, they do not meet the definition of curio or relic in 27 CFR 478.11 as firearms of special interest to collectors by reason of a quality other than is ordinarily associated with sporting firearms or offensive or defensive weapons. I understand that they say that frames/receivers are not generally recognized as C&R, however I would not want to be the test case if the ATF doesn't agree with your C&R acquisition. In order to get a definitive answer, I guess the OP should contact the Firearms Technology Branch regarding the specific barreled receiver he is interested in. |
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