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Old June 5, 2009, 11:05 AM   #19
carguychris
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Join Date: October 20, 2007
Location: Richardson, TX
Posts: 7,523
Quote:
Is this a possible antique exception? I never thought about antique SBRs and SBSs.
There are historical exceptions. The ATF has excluded a few historic shotgun models from the NFA and deemed them either Antiques (pre-1/1/1899, no FFL required for transfer) or Curios & Relics (C&R FFL necessary for transfer). Check Sections III and IIIA here:

http://www.atf.gov/firearms/curios/2001index.htm

Two caveats:

A gun must be in its original configuration to be considered an Antique or C&R. This regulation has been recently discussed at length in the TFL C&R subforum, and the definition of "original configuration" can be somewhat nebulous, but IMHO most radical modifications to a gun's original configuration are fairly obvious and easy to determine. (Half the stock missing? Not original. Barrel cut? Not original.)

The guns in Section IV are still covered by the NFA. They must be registered in the NFA database for legal ownership. They can be transferred across state lines by C&R licensees without needing a Class III dealer, which cuts through some red tape during sale, but doesn't help someone who finds themselves in possession of an unregistered NFA gun. Consult the NFA subforum for more details.
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