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Old January 16, 2012, 08:59 PM   #1
EnderW23
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What is a Curio or Relic?

I have read somewhere on this forum that to fall into this category not all non NFA firearms are classified as a curio or relic, but the ATF list the description as

1.) Firearms which were manufactured at least 50 years prior to the current date, but not including replicas
thereof;
2.) 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
3.) 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. Proof of
qualification of a particular firearm under this category may be established by evidence of present value
and evidence that like firearms are not available except as collector’s items, or that the value of like
firearms available in ordinary commercial channels is substantially less.


I guess i am just confused and i would like some clearing up as to what to believe.
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Old January 16, 2012, 09:04 PM   #2
customaquatics
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the answer is in the question. anything that is 50 years or older so that would mean that your firearm would have to be made on 1962 or later. an it has to be an original an not a reproduction or fake.
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Old January 16, 2012, 09:06 PM   #3
Scimmia
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Quote:
the answer is in the question. anything that is 50 years or older so that would mean that your firearm would have to be made on 1962 or later. an it has to be an original an not a reproduction or fake.
Or anything specifically on the ATF's C&R list
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Old January 16, 2012, 09:07 PM   #4
EnderW23
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Thanks i know it seemed like a dumb question maybe i just took to much faith in what people say on the forum.
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Old January 16, 2012, 09:34 PM   #5
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It helps to know the history of the C&R designation. When GCA '68 was being drafted, there was a lot of outcry from the collector community, many of whose members are wealthy and politically powerful. They didn't like the idea of having to go through FFL dealers for interstate shipping of high ticket collectors' items. So they prevailed on Congress to allow them to have a collectors FFL which would allow most of the shipping privileges of a dealer, but only in items which the (then) ATTD would specify. After the law was passed, ATTD ruled that there would be no blanket designation of C&R, and that anyone wanting some specific guns so-designated had to apply by letter and the decision would be made on a case-by-case basis.

That got to be so burdensome for the (now redesignated) BATFE that they decided to issue a blanket definition of 50 years old to cover almost all the items collectors covet. The exception, on request, of a specific gun or specific guns by serial number or characterization still exists.

An NFA firearm can also be a C&R, important to note because in an interstate sale of an NFA item that is also a C&R (say a WWII Thompson SMG), the item can be shipped directly to the buyer if he is a holder of a C&R license; no "Class 3" dealer is required on either end.

Jim
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Old January 17, 2012, 07:36 AM   #6
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Quote:
An NFA firearm can also be a C&R, important to note because in an interstate sale of an NFA item that is also a C&R (say a WWII Thompson SMG), the item can be shipped directly to the buyer if he is a holder of a C&R license; no "Class 3" dealer is required on either end.
I didn't know that. I would have said no to C&R for a NFA gun. How does the tax stamp transfer?
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Old January 17, 2012, 09:09 AM   #7
gyvel
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Tax stamp, fingerprints, photos, CLEO signatuare all still apply. Only difference is that the "middle man" (the SOT III) is eliminated.
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Old January 17, 2012, 09:12 AM   #8
gyvel
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Quote:
the answer is in the question. anything that is 50 years or older so that would mean that your firearm would have to be made on 1962 or later.
I think you meant "1962 or EARLIER."

Additionally, it would have to be made prior to the current date in 1962 to qualify. (Technically, according to the "letter of the law.")
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Old January 17, 2012, 01:00 PM   #9
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What is a Curio or Relic?
I think they are some kind of mushroom. they keep popping up in my safe!
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Old January 17, 2012, 01:17 PM   #10
emcon5
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Quote:
That got to be so burdensome for the (now redesignated) BATFE that they decided to issue a blanket definition of 50 years old to cover almost all the items collectors covet. The exception, on request, of a specific gun or specific guns by serial number or characterization still exists.
You sure about that? I thought the 50 year thing was part of the original GCA 68.

It is certainly codified in 27 C.F.R. § 478.11, which is not something ATF could do without Congress.
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Old January 17, 2012, 07:43 PM   #11
James K
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Emcon5, are you sure any of the C&R definitions have been written into the law, and not just into the CFR? Changing the CFR does not require a change in the law. The latest I have on the law still states:

"The term “collector” means any person who acquires, holds, or disposes of firearms as curios or relics, as the Attorney General shall by regulation define, and the term “licensed collector” means any such person licensed under the provisions of this chapter."

That is the same wording as the original law, except for changing "Secretary" (of the Treasury) to "Attorney General" required by transfer of BATFE from the Treasury Department to the Justice Department.

Jim
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Old January 18, 2012, 08:17 AM   #12
Don P
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All the info needed is here at, www.atf.gov
You can also order (FOR FREE) publications concerning C&R and many other books the ATF has. All for free just go to publications on the right side of the page
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