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First, let's understand why there is a C&R category. When GCA '68 was being drafted, many collectors (often wealthy and politically powerful people), were alarmed at having to have transactions of valuable collectors' items handled through dealers, with added costs and delays, and an increased possibility of loss or damage. So Congress set up a special collectors' license (FFL 03) under which collectors' items could be bought and sold and transferred independent of the regular FFL dealer. The law left it up to the Secretary of the Treasury to define a Curio and Relic. (The then ATTD was under Treasury because it had originally been a part of the Internal Revenue Service as a tax-collecting organization. It was later transferred to Justice under the Attorney General.)
There is often misunderstanding about how a C&R is recognized as such.
As noted, the law provides for the C&R category, but gives the Attorney General the authority to define what the term means and to what guns it applies. The AG in turn, has delegated that authority to BATFE.
So the 50-year rule was drawn up by BATFE and can be changed by BATFE under its regulatory power. It is the only "blanket" part of the definition.
Other recognition of a gun as a C&R is by application from a member of the public. If a dealer acquires 50 guns made by XYZ Corp., that were used by the bodyguard of the Emperor of Hooterland and specially marked, he can apply to BATFE to designate those specific guns as C&R so he can sell them to holders of collector licenses. If a collector has an ABC company Model M, using 17 sided cartridges, he can ask to have it designated as a C&R so he can sell it without going through a dealer. That is the origin of those special (under 50 year) designations.
One point often missed is that guns are always becoming 50 years old. Any gun made before June 10, 1963 is a C&R. That now includes many guns most of us think of as "modern" guns. For example, a holder of a C&R license might acquire a post-WWII, pre-64 Winchester Model 70 made before 1963 and have it shipped to him directly. Note though, that some dealers and sellers might not honor a C&R license, and there is no way to make them do so; also not all states recognize a C&R license when handguns or some long guns are involved.
Jim
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