ATF

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Bureau of Alcohol, Tobacco, Firearms and Explosives

Not unless they are being imported for sale to a government agency or law enforcement officer employed by such agency for official use. Because ATF will not approve an importation that would place the importer in violation of the law, ATF would not authorize the importation of semiautomatic assault weapons, even if classified as curios or relics, unless the importer provided evidence that the weapons were being imported for sale to a governmental entity or other exempt purchaser.

[18 U.S.C. 922(v)]

Only if the firearms are classified as curios or relics, are registered in the National Firearms Registration and Transfer Record, and are transferred in accordance with the provisions of the NFA.

[27 CFR 479.83 – 479.86]

No. The GCA requires the delivery of required records to the Government within 30 days after a firearm “business” is discontinued. A license as a collector of curios or relics does not authorize any business with respect to firearms. This is in contrast to firearm importers, manufacturers, and dealers who are licensed to engage in a firearms business. Therefore, the records required to be kept by licensed collectors under the law and regulations are not business records and are not required to be turned in to ATF when collector's licenses are not renewed or collecting activity under such licenses is discontinued.

[18 U.S.C. 923(g)(4), 27 CFR 478.127]

Yes. A licensed collector is specifically authorized to sell a curio or relic shotgun or rifle to a non-licensed resident of another State so long as 1) The purchaser meets with the licensee in person at the licensee’s premises to accomplish the transfer, sale, and delivery of the rifle or shotgun; and 2) The sale, delivery, and receipt of the rifle or shotgun fully comply with the legal conditions of sale in both such States.

[27 CFR 478.96 (c)(1)]

The requirement that written notification concerning juvenile handgun possession be given by licensees to a non-licensee to whom a handgun is delivered applies to curio or relic handguns transferred by licensed collectors. Licensed collectors may lawfully dispose of curio or relic handguns away from their licensed premises. Therefore, the signposting requirement does not apply to licensed collectors since, in the case of collectors, a requirement to post signs at the licensed premises would serve no purpose because the premises is not a business premises open to the public.

[18 U.S.C. 922 (x), 27 CFR 478.103]

No. Licensed collectors are only required to keep a “bound book” record.

[27 CFR 478.125(f)]

The Brady law does not apply to the transfer of a curio or relic firearm to a licensed collector, but a licensed collector who acquires a firearm other than a curio or relic from a licensee would be treated like a non-licensee, and the transfer would be subject to Brady requirements.

No. Transfers of curio or relic firearms by licensed collectors are not subject to the requirements of the Brady law. It is, however, unlawful to transfer a firearm to any person knowing or having reasonable cause to believe that such person is a felon or is within any other category of persons prohibited from receiving or possessing firearms.

[18 U.S.C. 922 (d), (t), 27 CFR 478.32 (d)]

The term “engaged in the business,” as applicable to a firearms dealer, is defined as a person who devotes time, attention, and labor to dealing in firearms as a regular course of trade or business with the principal objective of livelihood and profit through the repetitive purchase and resale of firearms, but such term shall not include a person who makes occasional sales, exchanges, or purchases of firearms for the enhancement of a personal collection or for a hobby, or who sells all or part of his personal collection of firearms.

[27 CFR 478.11]

Yes. It is unlawful for any licensed collector to sell or deliver any firearm or ammunition to any person if the person’s purchase or possession would be in violation of any State law or local published ordinance applicable at the place of sale or delivery.

[18 U.S.C. 922(b)(2), 27 CFR 478.99(b)(2)]

No. A licensed collector has the same status under the Gun Control Act (GCA) as a non-licensee except for transactions in curio or relic firearms.

[27 CFR 478.93]

Submit ATF F 5310.16 (Form 7CR), Application for License (Collector of Curios or Relics), with the appropriate fee in accordance with the instructions on the form. These forms may be obtained from the Firearms and Explosives Licensing Center in Atlanta, Georgia, your local ATF Office, or downloaded from ATF’s Internet site (www.atf.gov).

[27 CFR 478.41(c)]

Yes. The person may obtain a collector’s license; however, this license applies only to transactions in curio or relic firearms. The principal advantage of a collector’s license is that a licensed collector can acquire curios or relics in interstate commerce.

[27 CFR 478.41(c), (d), 478.50(b) and 478.93]

Firearm curios or relics include firearms which have special value to collectors because they possess some qualities not ordinarily associated with firearms intended for sporting use or as offensive or defensive weapons. To be recognized as curios or relics, firearms must fall within one of the following categories:

  1. Have been manufactured at least 50 years prior to the current date, but not including replicas thereof; or
  2. Be certified by the curator of a municipal, State, or Federal museum which exhibits firearms to be curios or relics of museum interest; or
  3. Derive a substantial part of their monetary value from the fact that they are novel, rare, bizarre, or from the fact of their association with some historical figure, period, or event.

[27 CFR 478.11]

The definition for curio or relic (“C & R”) firearms found in 27 CFR § 478.11 does not specifically state that a firearm must be in its original condition to be classified as a C&R firearm. However, ATF Ruling 85-10, which discusses the importation of military C&R firearms, notes that they must be in original configuration and adds that a receiver is not a C&R item. Combining this ruling and the definition of C&R firearms, the Firearms Technology Branch (FTB) has concluded that a firearm must be in its original condition to be considered a C&R weapon.

It is also the opinion of FTB, however, that a minor change such as the addition of scope mounts, non-original sights, or sling swivels would not remove a firearm from its original condition. Moreover, we have determined that replacing particular firearms parts with new parts that are made to the original design would also be acceptable-for example, replacing a cracked M1 Grand stock with a new wooden stock of the same design, but replacing the original firearm stock with a plastic stock would change its classification as a C&R item.