Gun Curio And Relic Licenses

Gun Curio And Relic Licenses

There is a certain class of firearm called curios and relics that you might have heard mentioned. Generally, these are collectible but possibly still functioning firearms that are treated differently under law than the run of the mill gun you find in a gun store.

What are they?

Curio and relic guns, also called C&R, are firearms that are at least 50 years old and/or have historic significance. Granted, the “significance” can be relative, but the point is that C&R guns are treated differently at law due to their interest to collectors. Since they are older designs, there is also a federal license that can be obtained that allows for a bit more freedom in purchasing than buying typical guns.

To be recognized as C&R items, firearms must fall within one of the following categories:

• Firearms which were manufactured at least 50 years prior to the current date, but not including replicas of such firearms;

• 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

• 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.

Firearms automatically attain C&R status when they are 50 years old.

Any firearm that is at least 50 years old, and in its original configuration, would qualify as a C&R firearm. It is not necessary for such firearms to be listed in ATF’s C&R list. Therefore, ATF does not generally list firearms in the C&R publication by virtue of their age.

Curio & Relic Compliance Inspections

At the election of a licensed collector, the annual inspection of records and inventory permitted under this paragraph shall be performed at the office of the Attorney General designed for such inspections which is located in closest proximity to the premises where the inventory and records of such licensed collector are maintained.

Conversion of C&R firearms

Any firearm sold as a C&R firearm once changed out of its original configuration cannot be resold as a C&R firearm. In regard to conversions; certain pistols have been approved for sale with added safety conversions (i.e. Polish and Romanian Tokarev pistols, to which a manual safety was added to meet import requirements). Certain other modifications, such as period sporterisations, are arguably C&R qualified as they represent the gun culture of the period. An example would be a Lee–Enfield or 98 K Mauser military rifles that had been converted into a continental style sporter before World War II. These common conversions occurred more than 50 years ago, and represent a sub-type of special interest to collectors.

Antiques

Federal law defines guns manufactured in or before 1898 with unconventional firing mechanisms (such as percussion, flintlock and other combustion methods typically considered “black powder”), or cartridge firearms that have uncommon and not readily available ammo types and they are generally unregulated in federal law. They may be bought and sold across state lines without an FFL. The only exceptions are short-barreled rifles, short barreled shotguns, and machine guns, which are regulated under the National Firearms Act of 1934. Unlike C&R guns, antique guns can be re-arsenalized, sporterized, re-barreled, or re-chambered, yet they will still retain their federally exempt status. Even if every part except the receiver is replaced, a pre-1899 “black powder” firearm still qualifies as an antique.FFL holders have been directed not to enter Pre-1899 guns into their Bound Books.

What can a licensed collector do?

What Are the Requirements for a Curio & Relic License?
The Bureau of Alcohol, Tobacco, Firearms and Explosives, or ATF, licenses collectors of curios and relics. The ATF defines such firearms as those that have special value to a collector. The firearm must have one or more qualities you don’t find in traditional firearms used for sport or as a defensive or offensive weapon. A curios and relics license is neither a license to carry or use a firearm, nor a license to operate a firearms business.

Requirements in application for a C&R license

• The applicant is 21 years of age or over;
• The applicant (including, in the case of a corporation, partnership, or association, any individual possessing, directly or indirectly, the power to direct or cause the direction of the management and policies of the corporation, partnership, or association) is not prohibited under the provisions of the Act from shipping or transporting in interstate or foreign commerce, or possessing in or affecting commerce, any firearm or ammunition, or from receiving any firearm or ammunition which has been shipped or transported in interstate or foreign commerce;

• The applicant has not willfully violated any of the provisions of the Act or this part;

• The applicant has not willfully failed to disclose any material information required, or has made any false statement as to any material fact, in connection with his application;

• The applicant has in a state premises from which he conducts business subject to license under the Act or from which he intends to conduct such collecting subject to license under the Act or from which he intends to conduct such collecting within a reasonable period of time; and

• The applicant has filled an ATF Form 5300.37 (Certificate of Compliance with State and Local Law) with ATF in accordance with the instructions on the form certifying under penalties of perjury that:

i.The business to be conducted under the license is not prohibited by state or local law in the place where the licensed premises are located;

ii. Within 30 days after the application is approved the comply with the requirements of state and local law applicable to the conduct of business;

iii. The business will not be conducted under the license until the requirements of state and local law applicable to the business have been met; and

iv. The applicant has completed and sent or delivered ATF F 5300.36 (Notification of Intent to Apply for a Federal Firearms License) to the chief law enforcement officer of the locality in which the premises are located, which indicates that the applicant intends to apply for a federal firearms license.

The ATF uses several criteria for deciding to classify a firearm as a curio and relic. The firearm must be at least 50 years old at the time you apply for a license and cannot be a replica. The ATF will also recognize firearms as curios and relics if the curator of a municipal, state or federal museum that displays firearms certifies that the firearm is a curio and relic. The ATF will also recognize a firearm as a curio and relic if its value is substantively tied to its novelty or rarity or from its association with a historical figure, period or event.

License Application

To apply for a curio and relic license, you must submit an application form to the ATF and pay a $30 application fee. Along with standard information, such as your name, age and address, the application for a curios and relics license asks about every address you have had in the last 5 years, other firearms license you have criminal record, drug and alcohol use and mental health. (reference 2) You must also certify that you will follow applicable state and local laws. Once issued, the license is good for 3 years.

Use

Once the ATF issues a curios and relics license, you can acquire curios from other licensed collectors. You can also dispose of curios and relics to anyone living in the state where you live that the Gun Control Act of 1968 does not bar from buying, selling or owning firearms. The license only covers curios and relics and is not the license you’d need to buy or use other types of firearms. While this license lets you acquire and dispose of curios and relics, such acquisition and disposal cannot include money changing hands. In other words, this license does not grant you the authority to buy or sell firearms, whether they are curios and relics or not. To buy or sell firearms, you need to apply for a dealer’s license.

Other Restrictions

Collectors of curios and relics do not need to run a background check on someone they transfer a firearm to. However, federal law bars you from transferring a firearm to someone you think may be a felon or otherwise be prohibited from receiving or possessing firearms. You do not need to keep records of the people you acquire firearms from or transfer them to, since yours is a license that allows you to collect firearms, but in no other way run a firearms business.

Advantages of Holding a C&R License

A C&R license is a Federal Firearms License issued by the BATFE—specifically known as FFL Type 03 – Collector of Curios and Relics. Essentially, a C&R license allows individuals to purchase C&R-eligible firearms without going through a third party and paying transfer fees or filling out form 4473. Individuals can purchase C&R-eligible rifles without a C&R license by transferring through a regular FFL, but possessing a C&R license has certain benefits—such as reduced dealer prices at many distributors and having eligible firearms delivered to your front door. 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. 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 non-licensee. 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 and Relics in interstate commerce. Although a licensed collector may acquire and dispose of Curios and Relics at any location, dispositions to non-licensed 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 and 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 and Relics, must first obtain a dealer’s license.

C&R Eligible Firearms

The BATFE recognizes C&R-eligible firearms as the following: “Firearm curios or relics include firearms which have 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 curios or relics, firearms must fall within one of the following categories:

• Have been manufactured at least 50 years prior to the current date, but not including replicas thereof; or

• Be certified by the curator of a municipal, State, or Federal museum which exhibits firearms to be curios or relics of museum interest; or3. Derive a substantial part of their monetary value from the fact that they are novel, rare, bizarre, or from the fact of their association with some historical figure, period, or event.”

Getting Licensed

It’s important to remember that a C&R license comes with specific responsibilities. First, this is only a license to collect for personal enjoyment, and in no way allows a C&R licensee to engage in the business of selling or manufacturing firearms. Participating in these activities requires completely different Federal Firearms Licenses. C&R licensees must also keep a bound book of all purchases made with a C&R license. These records must remain on your premises and are subject to BATFE inspection. Lastly, it is always recommended to carefully observe all firearm regulations pertaining to state, local and/or federal laws.

Gun Lawyer Free Consultation

When you need legal help with gun law in Utah, please call Ascent Law for your free consultation (801) 676-5506. We want to help you.

Michael R. Anderson, JD

Ascent Law LLC
8833 S. Redwood Road, Suite C
West Jordan, Utah
84088 United States

Telephone: (801) 676-5506

Ascent Law LLC

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Modern Firearms Curios Relics And Antiques

Modern Firearms Curios Relics And Antiques

A regulation implementing federal firearms laws, 27 CFR §478.11, defines Curio or Relic (CFR) firearms as those 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 CFR items, 478.11 specifies that firearms must fall within one of the following categories:

• Firearms which were manufactured at least 50 years prior to the current date, but not including replicas of such firearms;
• 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

• 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.

How to Legally Own an Antique Firearm

Gun laws in Utah, differ drastically from state to state, and laws regarding antique firearms are no exception. Even if you’re only a collector with no intent to ever fire the weapon, you may have to fire the same rules and regulations you would for more modern firearms. While most states provide exceptions from various licensing requirements for antique firearms, what is considered an “antique” may vary extensively. If you want to legally own an antique firearm, the law in the state where you live and plan to store the weapon is the most important.
• Check your state law: Since gun laws vary significantly from state to state, it’s important to check the laws of the state in which you live before you buy an antique firearm. If you move to another state, don’t assume the laws are the same and you can continue to legally own an antique firearm just because you legally owned it somewhere else. For example, anyone convicted of a felony is prohibited from buying a firearm. However, this prohibition doesn’t apply to many antique firearms. The types of guns included, however, depend on state law. Muzzle-loading rifles, shotguns, and pistols that use black powder rather than fixed ammunition generally can be purchased by felons. However, if the weapons are converted so that they can fire fixed ammunition, they may not be allowed. Additionally, many states have additional regulations regarding characteristics such as flintlocks, barrel length, and who may own them.
• Evaluate the “antique firearms” exception: Most states exempt antique firearms from the general licensing and ownership requirements to legally own modern firearms. However, each state applies this exception in different ways, and may define “antique firearm” differently. Under federal law, an antique firearm is any firearm produced before 1898. The federal definition also includes replicas, which means the firearm may have been manufactured recently, but if it was manufactured to exactly duplicate a firearm produced before 1898, it is still considered an antique firearm. Most states use the same definition as federal law. However, some states include newer firearms as well. In these states, a firearm is considered an antique if it was manufactured more than 50 years ago and is not still being manufactured. With these relatively newer weapons that are still considered antiques, there may be additional restrictions on their ownership. Typically that depends on the type of ammunition they use.
• Contact an expert: If you’re unsure about how the exception applies, of if you are eligible to purchase or own an antique firearm legally, speaking to someone such as a federal firearms licensee can help you understand the law. The state government agency that regulates firearms typically will be your most reliable source. You can identify this agency by searching on the internet or asking a licensed gun dealer near you. If you don’t feel comfortable calling up the state agency, a licensed gun dealer near you usually can give you full information about the laws in your state. You also may be able to find out about your ability to legally own an antique firearm by talking to an attorney, such as a criminal defense attorney. If you’ve been convicted of a felony, this may be your best resource.

• Apply for a state license: Typically, you don’t need a license to buy or own an antique firearm. However, not being licensed limits your ability to use or transport your gun, and you may not be able to sell it to others. A state license generally is a “license to carry,” meaning you need the license if, for example, you want to take your antique firearm to a local shooting range and fire it. However, before you rely on this you should check to make sure that your antique firearm falls within the licensing exemption, which may differ from the purchase or possession exemption. When you buy your antique firearm, think about the reason for your purchase and what you anticipate doing with it. If you’re a collector who intends to hang it on your wall or display it in a case, and knows you’re never going to attempt to fire it, you shouldn’t need a license in most states.
• Consider getting a curios and relics (C&R) license: If you want to collect antique firearms and plan on buying and selling them on a regular basis, a curios and relics license will allow you to do that more efficiently. A C&R license is a type of federal firearms license (FFL) that allows you to buy and sell antique firearms directly without having to go through a licensed dealer. The license is issued by the Bureau of Alcohol, Tobacco, and Firearms (ATF). You can download a copy of the application from the ATF’s website. A C&R license allows you to buy and sell antique firearms, including any firearm that is at least 50 years old or that has historical or collectible significance. Once you get your license, you must keep records of each firearm you buy or sell, including the make, model, serial number, and type of firearm. You also must record the name and address (or FFL number) of the buyer or seller of the weapon.

Buying or Selling Antique Firearms

• Buy only from reputable dealers: You can find numerous antique firearms available online, at pawn shops, or in other locations. However, without knowing the dealer’s reputation you can’t be sure that you’re actually getting what you’ve paid for. If you have a C&R license, you’ll have to get details about the person from whom you’re buying the firearm for your records. However, apart from that information, you should be able to find out basic information about the reputation of this particular seller before you buy an antique firearm from them. While this isn’t necessarily a legal consideration, it can be if someone sells you a firearm claiming that it is an antique, when it really isn’t particularly if you don’t have a license to buy or possess modern firearms.

• Get an independent appraisal: If you’re a collector, or if you’re concerned about the collectible or historical value of a particular antique firearm, an independent appraisal can let you know what you’re getting and how much it’s worth. Who you contact for an appraisal depends on the type of firearm you’re purchasing. If you’re only concerned about the age of the weapon, you want to find an antique firearms expert. Your local gun dealer may be able to point you to someone who specializes in dating antique firearms. If the antique firearm is alleged to have particular historical significance, you will want to have it evaluated by a museum curator or historian who specializes in that particular period of time or type of weaponry.

• Review transport laws: State and federal laws cover the shipping or transport of firearms from one state to another, and from another country into the United States. Even if your seller is located in the same state as you, your state may have specific legal requirements for transporting the weapon. If you have a C&R license, you don’t have to worry about transport restrictions if you’re buying and selling within your own state. However, to transport an antique firearm across state lines, you typically must use a federal firearms licensee within the state where the firearm is located. That licensee can then transfer the firearm to you, or to a federal firearms licensee in your state to deliver to you. If you want to import an antique firearm (or ammunition) from another country, this also must be done by a registered firearm dealer. The ATF provides forms which must be completed prior to making an international purchase or sale and transfer. Visit the ATF website to download those documents. If the firearm you wish to transport is more than 100 years old, it is eligible for duty-free transport internationally. However, you must be able to provide proof of age.

• Work with a federal firearms licensee: When selling one of your antique firearms, you typically must go through a federal firearms licensee to complete the transfer. In some states, you may be allowed to make the sale at a local law enforcement agency. States have different laws regarding private sales between two private individuals. Many states require you to complete the sale using a federal firearms licensee, but some do not. For example, suppose you see an antique firearm on an online auction site that you want to purchase. Your state law controls how the final transfer of the weapon can be made. Generally it can’t simply be shipped to you. Instead, you must meet with the seller in person to take possession of the antique firearm. Talk to a gun dealer in your area or contact the state agency that regulates and enforces state gun laws to learn if you must use a federal firearms licensee to complete private transactions.

Keeping Antique Firearms

• Store your firearms appropriately: Each state has specific laws regarding the storage of firearms, whether antique or modern. Some cities have their own gun laws as well, which may further restrict how you can store your antique firearms. In some states, antique firearms are not exempted from state storage laws. However, others carve out an exemption for antiques being displayed for collection purposes, provided they are not loaded. Generally, you should avoid keeping even antique firearms where children can reach them or take them down to play with them. Keep in mind that children are naturally curious, and will want to inspect anything within their reach. Check legal requirements if you need to move your weapon. All states have requirements for the safe transportation of a weapon. Even if you move, or are taking your antique firearm out of state yourself, there may be restrictions on how you can transport your weapon across state lines. If you’re transporting your antique firearms because you’re moving to another state, make sure they’re secured properly and safely, and are not loaded while they are being transported. In some instances, particularly if you don’t have a license yourself, you may be required to ship your antique firearm to a federal firearms licensee. They will return the weapon to you when you arrive at your destination. When you’re travelling between states, more than one state’s laws may come into play.

If you don’t want to go through the hassle of trying to analyze the gun laws of several states, it may be easiest to arrange for your antique firearm to be shipped to a federal firearms licensee so you can pick it up when you arrive at your destination. Use federal firearms licensees for transfers. If you give or loan your antique firearm to anyone else, you typically must go through a federal firearms licensee – even if it isn’t a sell and no money is exchanging hands. This typically will not apply if you have a C&R license – in that case you can complete the transfer yourself. However, if the person to whom you’re transferring the firearm is not licensed, you may need to find a federal firearms licensee to receive the firearm for them. For example, suppose you have an antique firearm and you want to give it to your nephew, who has recently started collecting antique firearms. Even though no money is changing hands, you may need to go through a federal firearms licensee if you don’t have a license yourself. However, if you do have a license, you should be able to complete the transfer on your own. Contact a gun dealer near you if you are unsure whether you can transfer your antique firearm to someone else. They will let you know what your state law allows.

• Keep your antique firearms unloaded: Many state laws do not allow antique firearms to be stored loaded. Particularly if the gun uses black powder, these weapons are highly volatile and dangerous if they’re loaded but not fired. In some states and cities, any ammunition you own must be kept in a separate, locked container from the antique firearm itself. Keep in mind that the idea that collectors typically don’t intend to use antique firearms in the same way or for the same purposes people have modern firearms is part of the reason for the exemption from various licensing requirements. States that allow gun owners to keep loaded weapons for self-defense purposes typically do not allow muzzle-loaded weapons that use black powder for ammunition to be kept loaded. You should only “load” a black-powder weapon if you intend to fire it immediately. If your muzzle-loaded weapon has been converted so that it can fire standard bullets, it may not be considered an antique firearm as a result of that modification.

Modern Firearms

“Modern firearms” are those manufactured after 1898 which do not use black powder or fixed cartridges. Most are match, wheel-lock, flintlock, or percussion cap models. Since most firearms of this era were not date stamped, proof marks from the manufacturer are the most common way age is established. Proof marks vary greatly in shape, detail, and specificity. Modern firearms can roughly be divided into three different categories: handguns, rifles, and shotguns. “Handguns” or “pistols” include revolvers, semi-automatic pistols, and single shot pistols. The main distinction between a handgun and a rifle or shotgun is not the ammunition or overall length but rather the design of the firearm to be fired from the hand rather than from the shoulder.

Rifles are defined by 18 U.S.C. § 921(a)(7) as “a weapon designed or redesigned, made or remade, and intended to be fired from the shoulder and designed or redesigned and made or remade to use the energy of an explosive to fire only a single projectile through a rifled bore for each single pull of the trigger.” Shotguns are defined as “a weapon designed or redesigned, made or remade, and intended to be fired from the shoulder and designed or redesigned and made or remade to use the energy of an explosive to fire through a smooth bore either a number of ball shot or a single projectile for each single pull of the trigger.” The primary difference between a rifle and shotgun is the use of rifled vs. smooth bore. A rifled barrel allows for much greater accuracy and range while a smooth bore allows for multiple projectiles useful for activities such as bird hunting or shooting moving targets. Rifles and shotguns employ numerous loading methods including: semi-automatic; pump; lever; bolt; etc.

“Curios and relics” “have 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 curios or relics, firearms must fall within one of the following categories:” non-replicas manufactured at least fifty years prior to the present date; b) be certified by the curator of a municipal, state, or federal museum which exhibits firearms to be curios or relics of museum interest; or ) any other firearm which derives a substantial portion of its monetary value from its novelty, bizarreness, or because it is associated with some historical person, period, or event. A special curios and collector’s license is available from the ATF to allow a person to acquire such firearms (only such firearms) in interstate commerce. “Transfers of curio or relic firearms by licensed collectors are not subject to the requirements of the Brady law [nor must a FFL use a form 4473]. It is, however, unlawful to transfer a firearm to any person knowing or having reasonable cause to believe that such person is a felon or is within any other category of persons prohibited from receiving or possessing firearms.”

“Antique” firearms are defined in 18 U.S.C. § 921(a)(16) as: any firearm (including any firearm with a matchlock, flintlock, percussion cap, or similar type of ignition system) manufactured in or before 1898; or any replica of any firearm described in subparagraph if such replica is not designed or redesigned for using rim fire or conventional center-fire fixed ammunition, or ( uses rim fire or conventional center-fire fixed ammunition which is no longer manufactured in the United States and which is not readily available in the ordinary channels of commercial trade; or any muzzle loading rifle, muzzle loading shotgun, or muzzle loading pistol, which is designed to use black powder, or a black powder substitute, and which cannot use fixed ammunition. For purposes of this subparagraph, the term “antique firearm” shall not include any weapon which incorporates a firearm frame or receiver, any firearm which is converted into a muzzle loading weapon, or any muzzle loading weapon which can be readily converted to fire fixed ammunition by replacing the barrel, bolt, breechblock, or any combination thereof.

Firearms Attorney Free Consultation

When you need legal help with regarding the ATV, guns, or firearms in Utah, please call Ascent Law LLC for your free consultation (801) 676-5506. We want to help you.

Michael R. Anderson, JD

Ascent Law LLC
8833 S. Redwood Road, Suite C
West Jordan, Utah
84088 United States

Telephone: (801) 676-5506

Ascent Law LLC

4.9 stars – based on 67 reviews


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