Oct. 2005
Q: I was wondering about the ATF required bound book for
C&R license
holders. Is it okay to use a loose leaf binder to hold
pages? Is it okay to use electronic records (not
printed)? Or does the book have to be a REAL bound book,
like a journal?
A: A "bound book" is a permanently bound book or an
orderly arrangement of loose-leaf pages which must be
maintained on the business premises. In either event,
the format must follow that prescribed in the
regulations and the pages must be numbered
consecutively. [27 CFR 178.125]
The Government does not sell a record book for licensees
to use in
recording their receipts and dispositions of firearms.
Certain trade
associations have them available at nominal cost. Your
supplier should
be able to tell you about this.
The Regional Director (Compliance) or other designated
ATF official must approve a request for a recordkeeping
variance before the licensee may use a computer system
in lieu of the "bound book" record required by the
regulations. [27 CFR 178.22 and 178.125(h)]
April 2005
Q: On the F7CR, there are several statements at the end
that need to be "...read and initial each box". What if
you only check the box instead? Is this a fatal error? I
am pretty sure that I didn't initial mine, I just
checked them.
A: If there is anything incorrect on the forms you will
get correspondence requesting the correction.
April 2005
Q: A friend's dad has a couple of C&R rifles and wants
to give them to his son. The dad is in Montana and the
son is in Virginia. I have a C&R, can I act as a go
between, having the father ship the rifles to me and
then I give them to the son? Or can the dad just ship
them directly to the son without any paperwork/licenses,
or does he have to go through an 01 licensee?
A: A person may sell a firearm to an unlicensed resident
of his or her state, if the buyer is not prohibited by
law from receiving or possessing a firearm, or to a
licensee in any state. A firearm other than a curio or
relic may not be transferred interstate to a licensed
collector. [18 U.S.C 922(a)(3) and (5), 922(b)(3), 27
CFR 178.29]
A person not licensed under the GCA and not prohibited
from acquiring firearms may purchase a firearm from an
out-of-state source and obtain the firearm if an
arrangement is made with a licensed dealer in the
purchaser's state of residence for the purchaser to
obtain the firearm from the dealer. [18 U.S.C 922(a)(3)
and (5), 922(b)(3), 27 CFR 178.29]
The transaction must go through a licensed dealer in his
son's State. You are not a dealer and therefore should
not get involved.
April 2005
Q: With a C&R license, CAN or DOES ATF come for
inspections to your home?
A: Pursuant to 27 CFR 478.23 (Right of entry and
examination): (a) Except as provided in paragraph (b),
any ATF officer, when there is reasonable cause to
believe a violation of the Act has occurred and that
evidence of the violation may be found on the premises
of any licensed manufacturer, licensed importer,
licensed dealer, or licensed collector, may, upon
demonstrating such cause before a Federal magistrate and
obtaining from the magistrate a warrant authorizing
entry, enter during business hours (or, in the case of a
licensed
collector, the hours of operation) the premises,
including places of storage, of any such licensee for
the purpose of inspecting or examining:
1.) Any records or documents required to be kept by such
licensee under this part and
2.) Any inventory of firearms or ammunition kept or
stored by any licensed manufacturer, licensed importer,
or licensed dealer at such premises or any firearms
curios or relics or ammunition kept or stored by any
licensed collector at such premises.
(c) Any ATF officer, without having reasonable cause to
believe a violation of the Act has occurred or that
evidence of the violation may be found and without
demonstrating such cause before a Federal magistrate or
obtaining from the magistrate a warrant authorizing
entry, may enter during hours of operation the premises,
including places of storage, of any licensed collector
for the purpose
of inspecting or examining the records, documents,
firearms, and ammunition referred to in paragraph (a) of
this section (1) for ensuring compliance with the
recordkeeping requirements of this part not more than
once during any 12-month period or (2) when such
inspection or examination may be required for
determining the disposition of one or more particular
firearms in the course of
a bona fide criminal investigation. At the election of
the licensed collector, the annual inspection permitted
by this paragraph shall be performed at the ATF office
responsible for conducting such inspection in the
closest proximity to the collector's premises.
(d) The inspections and examinations provided by this
section do not authorize an ATF officer to seize any
records or documents other than those records or
documents constituting material evidence of a violation
of law. If an ATF officer seizes such records or
documents, copies shall be provided the licensee
within a reasonable time.
May 2005
Q: I was wondering...all the license forms are sent to
Atlanta for
processing. Is all the processing handled in Atlanta
only, or are
applications sent out to other offices? Are the
applications processed
by geographic area (states) or as they come in, first
come first served?
A: Business license applications (and some curios/relics
depending on the State) are sent to the local ATF office
for inspection purposes. All applications are processed
in the order received.
May 2005
Q: Let's say I've sent out my C&R out to several
companies to be put on their mailing list. They keep the
licenses on file for when I order. One of the companies
turns out to be a disreputable dealer how is nothing but
trouble, say he's a con artist. Should I report that
dealer to ATF, should I be worried that he has a copy of
my FFL?
A: If you have evidence a dealer is breaking the law you
should report it to your local ATF. A license is only
good at the licensed premises.
There is no need to worry on them having a copy of your
FFL with your
signature.
May 2005
Q: I have both a C&R pistol and a C&R rifle that I want
to send across
country to a gunsmith to do some custom work on.
1. Do I need to log them as dispositions in my bound
book until I get
them back?
2. Do I need to use my 03 FFL or a dealers license 01
FFL to send them
to the gunsmith?
A:
1. Yes you must log them off your bound book when you
ship them and log them on when received back.
2. If they are C&R firearms your C&R license will
suffice for the
transfer.
June 2005 Q: Is there an email address that I can use to send
questions about C&R issues to your firearms technical
division, sort of someone in the same sort of position
that you are in? I wrote a letter (mailed) several
months ago and have not gotten a reply back.
A: You can contact the ATF's Firearms Technology Branch
at:
244 Needy Road
Martinsburg, WV 25401
Telephone: (304) 260-5476
Fax: (304)260-1701
August 2005
Q: I heard that using a FAX copy of a C&R license is now
legal to complete C&R sales between licensees. What is
required to do this?
How do I verify/certify the faxed license from someone
else that I am
selling a C&R firearm to?
A: It is in the August newsletter. You can access it on
the ATF website:
http://www.atf.gov/firearms/newsletter/index.htm.
Note: I discussed this matter with a couple of C&R
wholesalers. They would NOT accept a FAX’d C&R. NOT
because ATF would not allow them, but because
verification of the license would fall on the seller’s
shoulders and to verify a 03 C&R has to be done by phone
and cannot be done online like an 01 FFL. Individual
sellers may do things differently.
Q: In the newsletter, they say to use the FFLeZ to
verify the license, yet the FFLez cannot be used for 03
type licenses. How should transactions between 03 only
collectors be verified?
A: You can verify an 03 license by contacting the toll
free number provided on FFL eZ Check.
August 2005
Q: If I have a DoD "Secret" or higher clearance rating,
can I mention that in my C&R Form 7 application to help
speed things along faster to get the license?
A: Your clearance will have no bearing on this
application. We are required by law to perform a
background check. All applications are treated in the
same way.
Sept. 2005
Q: A shipping question.
Can a 01 FFL dealer legally send via the US mail a C&R
handgun to a 03
licensee? There is a USPS form for shipping firearms,
but the form uses the term "dealer" rather than
"licensee" on it. The fact that 03's are collectors only
makes the from not usable for C&R handgun transfers
between 03 licensees? Or is it still permissible? Should
the sender scratch out "dealer" and put "collector"?
A: Subject to other applicable provisions of the law and
regulations, a collector's license entitles its holder
to transport, ship, receive and acquire curios or relics
in interstate or foreign commerce and to
dispose of curios or relics in interstate or foreign
commerce to any other Federal firearms licensee.
Handguns are not mailable through the US Postal Service.
A common or
contract carrier must be used to ship a handgun.
Sept. 2005
Q: There are some machineguns (full auto) that are
listed on the C&R list from ATF (comes with the
"welcome" license package). (example original BAR full
auto rifle). Does this mean that ifI have a C&R license,
I can just buy one of those C&R qualified machineguns?
What do I have to do to get one, besides have a ton of
cash on hand?
A: There are three different categories of curio/relic
related NFA
firearms. It depends under which category the firearm is
listed. At the
beginning of each section it specifies what the
requirements are (if
any) for the collector to purchase the firearm.
Sept. 2005
Q: My C&R will be expiring soon (like on the 1st of
month). I have not decided whether to renew it or not,
in the mean time, can I use it to make purchases up to
the date it expires, even though I may not have the
weapon in hand until AFTER the license expires?
A: The license is good until the expiration date.
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)
August 2005 Q: If a C&R rifle is modified by the owning country into
a military rifle would it still be C&R?
A: If it falls into any of the three qualifying
categories it is a C&R (see 27 CFR 478.118 (formerly
178.118).) (See below)
August 2005
Q: Is a barreled action a C&R?
A: No, see ruling 85-10 (see below)
August 2005 Q: Can a C&R licensee give a firearm away as a gift?
A: The Gun Control Act of 1968 (GCA) allows for the
purchase of firearms as gifts. If the particular firearm
is from your collection, you must ensure that its
disposition is properly recorded.
August 2005
Q: What should a spouse of a licensee do if the licensee
dies?
A: The GCA provides instruction for the conduct of
business and disposition of firearms held in a licensed
firearm business. Regulation CFR Section 478.93
(formerly 178.93) states the following pertaining to
holders of C&R licenses:
…The license issued to a collector of curios or relics
under the provisions of this part shall cover only
transactions by the licensed collector in curios and
relics. The collector’s license is of no force or effect
and a licensed collector is of the same status under the
Act and this part as a non licensee with respect to (a)
any acquisition or disposition of firearms other than
curios or relics, or any transportation, shipment, or
receipt of firearms other than curios or relics in
interstate or foreign commerce, and (b) any transaction
with a non licensee involving any firearm other than a
curio or relic…
Further, since you are not a licensed dealer, the
firearms you acquire are considered your personal
collection: Thus, if the C&R holder were to die, the
inheritor would take possession of the firearms as a
personal collection. (you may wish to check further
concerning State/Local law affecting inheritance of
firearms).
NOTES:
27 CFR 478.11 (formerly 178.11)
As set out in Federal regulations, C&R firearms include
those which have a 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 C&R items,
firearms must fall into one of the following categories:
1. Have been manufactured at least 50 years prior to the
current date (this does not include firearm replicas);
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, or bizarre, or
from the fact of their association with some historical
figure, period, or event.
27 CFR 178.118: Importation of certain firearms
classified as curios or relics (Also 178.11 and 178.26)
Surplus military firearms frames or receivers alone not
specifically classified as curios or relics by ATF will
be denied importation.
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. |
