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Posted: 5/28/2009 6:17:24 PM EDT
| I assume the answer is yes, but do I log a sporterized rifle (that would otherwise be C&R eligible) into my log book? |
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Its not a gray area at all.
Military rifles must be in military configuration. That's the only way they have status as curio/relic firearms. They do not attain c-r status just by being 50 years old. That applies to commercial firearms, not military firearms. The whole issue of the military curio-relic is contained within BATF Ruling 85-10, which while its a ruling having to do with importation of military surplus firearms it is also used by BATF to determine military firearm eligibility for c-r status by referring back to Congressional intent, which is stated clearly in Ruling 85-10. Whether you agree with 85-10 or not or you disagree as to what it concerns, BATF uses 85-10 to define characteristics for curio-relic status of domestic firearms as well as importation. For example, the unique value of a 1903 Springfield isn't as a deer rifle. Its as a military rifle. If you have 1903 Springfield custom sporting rifle serial number 6000 and say its a curio-relic because it was owned and used by some famous person, oh.. like Teddy Roosevelt, then you would have to submit that one individual rifle to BATF for a determination. Henceforth that one single 1903 custom hunting rifle serial number 6000 would be a curio-relic firearm.... but that does not mean all 1903 Springfield converted sporters are curio-relic qualified. "Firearms automatically attain curio or relic (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. However, if your C&R item is regulated under the National Firearms Act (NFA) and you desire removal from the provisions of the NFA, you must submit the firearm to the Firearms Technology Branch for evaluation and a formal classification." http://www.atf.gov/firearms/curios/index.htm BATF hasn't really pushed this issue unless someone tries arguing with them about it. BATF believes the law itself is crystal clear by referring to Senator Bob Dole's remarks in the Congressional Record, and they're right. With BATF doing more 03FFL inspections this issue is going to come up more frequently. You will never out-argue GCA68 with an informed BATF agent. You might get away with it speaking to a non-informed compliance inspector, who may have been reassigned from the tobacco or alcohol side but it won't fly with a G-man who knows his sh*t. http://www.surplusrifle.com/shooting2006/cnrfaq/index.asp August 2005 "Q: Must a surplus military firearm be in its original configuration to be “C&R” eligible? "A: Yes, and relevant information can be found in ATF ruling 85-10 (see below) "ATF Rul. 85-10 Section 233 of the Trade and Tariff Act of 1984, 9 8 Stat 2991, amended Title 18 United States Code, section 925 to allow licensed importers to import firearms listed by the Secretary as curios or relics, excluding handguns not generally recognized as particularly suitable for or readily adaptable to sporting purposes. The amendment had the effect of allowing the importation of surplus military curio or relic firearms that were previously prohibited from importation by 18 USC section 925 (d)(3). "Congressional intent was expressed by Sen. Robert Dole in 130 Cong. Rec. S2234 (daily ed., Mar. 2 1984), as follows: "First. This provision is aimed at allowing collectors to import fine works of art and other valuable weapons. "Second. This provision would allow the importation of certain military surplus firearms that are classified as curios and relics by regulations of the Secretary of the Treasury. "Third. In order for an individual or firm to import a curio or relic it must first be put on a list by petitioning the Secretary of the Treasury. The Secretary must find the firearm’s primary value is that of being a collector’s item. "Fourth. The only reason a person would purchase these firearms is because of their peculiar collector’s status. And, in fact, they must be special firearms and classified as such in order to import. This language clearly shows that Congress intended to permit the importation of surplus military firearms of special interest and value to collectors and recognized by ATF as meeting the curio or relic definition in 27 CFR 178.11. The regulation defines “curios or relics” as firearms of “special interest to collectors by reason of some quality other than is ordinarily associated with firearms intended for sporting use or as offensive or defensive weapons.” The regulation further defines curios or relics to include “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.” "In classifying firearms as curios or relics under this regulation, ATF has recognized only assembled firearms as curio or relics. Moreover, ATF’s classification of surplus military firearms curios or relics has extended only to those firearms in their original military configuration. Frames or receivers or curios or relics and surplus military firearms not in their original military configuration were not generally recognized as curios or relics by ATF since they were not of special interest or value as collector’s items. "Specifically, they did not meet the definition of curio or relic in section 178.11 as firearms of special interest to collectors by reasons of a quality other than is ordinarily associated with sporting firearms or offensive or defensive weapons. "Furthermore, they did not ordinarily have monetary value as novel, rare, or bizarre firearms; nor were they generally considered curio or relics because other association with some historical figure, period or event. It is clear form the legislative history that Congress did not intend for the frames or receivers alone of surplus military firearms, or any other surplus military firearms not in their original military configuration, to be importable under section 925 (e). It is also clear that only those firearms classified by ATF as curios or relics were intended to be approved by ATF for importation. "Held, to be importable under 18 USC section 925 (e), surplus military firearms must be classified as curios or relics by ATF. Applications by licensed importers to import frames or receivers alone of surplus military curio or relic firearms will not be approved under section 925 (e). Surplus military firearms will not be classified as curios or relics unless they are assembled in their original military configuration, and applications for permits to import such firearms will not be approved." Dutch |
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Quoted:
If you put it back to original configuration its a C&R .Has the barrel been shortened? Its really no big deal, noone has ever gotten in trouble for logging in a firearm that wasnt eligeable. If in doubt log it Thats what I was thinking. The barrel is original or rearsenal. It has a sporter stock which I intend to replace with a CMP C stock. It has however been drilled and tapped but the mount is similar to an A4 mount. |
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