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Firearms Curios Or Relics List

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Firearms Curios Or Relics List U.S. Department of Justice Bureau of Alcohol, Tobacco, Firearms and Explosives Firearms Curios or Relics List ATF Publication 5300.11 Revised December 2007 FIREARMS CURIOS OR RELICS LIST (1972 - 2007) - Entries Are Cumulative and Current Through December 31, 2007 - TABLE OF CONTENTS ITEM PAGE Introduction 2 - 12 - Federally Licensed Firearms Collectors - What are Curios or Relics - Regulations Applicable to Licensed Collectors - Curios or Relics, and collectors items (Definitions and Determinations) - Collectors Wanting a Determination - Import Restrictions - The Firearms Curios or Relics List SEC. I. Ammunition classified as Curios or Relics prior to 1986 amendments of the Gun Control Act (GCA). 13 - 16 SEC. II. Firearms classified as Curios or Relics (still under the GCA). 17 - 33 SEC. III. Weapons removed from the National Firearms Act (NFA) as collector's items which are determined to be Curios or Relics subject to the provisions of the GCA. 34 - 42 SEC. IIIA. Weapons removed from the National Firearms Act (NFA) as collector's items that are antiques not subject to the provisions of the GCA. 43 – 45 SEC. IV. NFA weapons classified as Curios or Relics (still under the NFA and the GCA). 46 - 51 Frequently Asked Questions (FAQs) 52 - 54 COMPILER'S NOTES: 1. "*" indicates an entry made since ATF P 5300.11 was last published by way of hardcopy (10-95), supplemental, or Internet posting; 2. "S/N" and "S/Ns" mean "serial number" and "serial numbers;" 3. "Cal." and "cals." mean "caliber" and "calibers;" 4. "Mfd." means "manufactured." This publication is a cumulative digest of determinations made by the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) and is not inclusive of all weapons meeting curio or relic classification (i.e., firearms manufactured at least 50 years prior to the current date). The “Introduction” section, under “Regulations Applicable to Licensed Collectors,” refers to selected regulation citations applicable to licensed collector activities. The citations listed are illustrative and are meant to emphasize current regulations affecting licensed collectors. There is no intent to supercede law and regulation as described in The Gun Control Act of 1968 (GCA) as it is amended. Updated versions are published in ATF P 5300.4, Federal Firearms Regulations Reference Guide1. Questions arising from these citations should refer to this publication. 1 ATF P 5300.4, Federal Firearms Regulations Reference Guide, can be obtained from the ATF Distribution Center (202) 648-6420. INTRODUCTION FEDERALLY LICENSED FIREARMS COLLECTORS ATF is responsible for enforcing the provisions of the GCA and its subsequent amendments. A significant part of the GCA concerns the licensing and recordkeeping requirements pertaining to the manufacture, importation, distribution, and sale of firearms. A collector of Curios or Relics may obtain a collector's license under the GCA (see 18 U.S.C. Chapter 44 and the regulations issued thereunder in 27 CFR Part 478). The privileges conferred by this license extend only to transactions involving weapons classified as curio or relic firearms. In transactions involving firearms not classified as Curios or Relics, the licensed collector has the same status as a nonlicensee. A person need not be federally licensed to collect Curios or Relics. Generally, persons must be licensed in order to lawfully receive Curios or Relics from outside their State of residence. The principal advantage of a Collector's License, therefore, is that a collector can acquire Curios or Relics in interstate commerce. Although a licensed collector may acquire and dispose of Curios or Relics at any location, dispositions to nonlicensees must generally be made to residents of the same State in which the collector is licensed. Further, A LICENSED COLLECTOR IS NOT AUTHORIZED TO ENGAGE IN BUSINESS AS A DEALER IN ANY FIREARMS, INCLUDING CURIOS OR RELICS. A FEDERAL FIREARMS DEALER'S LICENSE IS REQUIRED FOR THIS ACTIVITY. The term “engaged in business” as applied to a dealer in firearms refers, in part, to a person who devotes time, attention, and labor to engaging in such activity as a regular course of trade or business with the principal objective of livelihood and profit. Therefore, any person intending to “engage in the business” of selling firearms, including firearms defined by ATF as Curios or Relics, must first obtain a dealer’s license. For example, if a collector acquires Curios or Relics for the purpose of sale rather than to enhance a collection, the collector would have to be licensed as a dealer in firearms under the GCA. The sole intent and purpose of the collector’s license is to enable a firearms collector to obtain curio or relic firearms from outside his or her State of residence. In order to obtain a collector’s license, applicants need to prepare and submit ATF Form 7CR, Application for License (Collector of Curios or Relics), with the appropriate fee, $30 for 3 years, and in accordance with the instructions on the form. This form may be obtained from the Firearms and Explosives Licensing Center in Atlanta, Georgia, (404) 679- 5040 or from your local ATF office. WHAT ARE CURIOS OR RELICS? As set out in the regulations (27 CFR 478.11), Curios or Relics include firearms which are of special interest to collectors by reason of some quality other than is 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) 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. SELECTED REGULATIONS (27 C.F.R.) APPLICABLE TO LICENSED COLLECTORS § 478.11 Meaning of terms. Collector: Any person who acquires, holds, or disposes of firearms as Curios or Relics. Collection premises: The premises described on the license of a collector as the location at which he maintains his collection of curios and relics. Licensed collector: A collector of curios and relics only and licensed under the provisions of this part. Person: Any individual, corporation, company, association, firm, partnership, society, or joint stock company. 2 § 478.23 Right of entry and examination. (a) [A]ny 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. § 478.25a Responses to requests for information. Each licensee shall respond immediately to, and in no event later than 24 hours after the receipt of, a request by an ATF officer at the National Tracing Center for information contained in the records required to be kept by this part for determining the disposition of one or more firearms in the course of a bona fide criminal investigation. The requested information shall be provided orally to the ATF officer within the 24- hour period. Verification of the identity and employment of National Tracing Center personnel requesting information may be established at the time the requested information is provided by telephoning the toll-free number 1-800-788- 7133 or using the toll-free facsimile (FAX) number 1-800-578-7223.
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