evan price
Member
I asked a question on here a month or so ago-
What if I bought a gun that was supposed to be a C&R and it turned out it wasn't (too new) by no deliberate action on the buyer or seller's part? Basically, the best answer I got was "Ask ATF" so I did, and here's their answer.
The ATF's Reply:
All I can say is, Wow. That's not really what I was expecting the ATF to say. Not that I don't like the answer, quite the contrary. It's just that LOGIC and the federal bureaucracy don't usually go together!
What if I bought a gun that was supposed to be a C&R and it turned out it wasn't (too new) by no deliberate action on the buyer or seller's part? Basically, the best answer I got was "Ask ATF" so I did, and here's their answer.
evan price said:-----Original Message-----
From: evan price [mailto:<REDACTED>]
Sent: Thursday, April 02, 2015 3:34 PM
To: FIPB Regulatory Email Inquiries
Subject: Curio & Relic eligibility question
Hi, I have a curio & relic ffl. I recently was going to purchase a Smith & Wesson revolver from the Gunbroker auction site. The seller sharers my question and identified the gun as a 1963 which would be c&r eligible. Before I could bid, the seller sent another email and said they had made a mistake and it was actually a 1968 which is not c&r eligible.
My question is, if I had purchased the gun in good faith as c&r, had it shipped to my home, and then discovered the gun was not c&r eligible, what should I do? I can't legally receive a gun that is not c&r. Obviously nobody wanted to get arrested or lose their license! Thanks for your answer.
The ATF's Reply:
Thank you for your inquiry to the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF). This is in response to your recent email, in which you asked about receiving a curio and relic firearm.
In the particular scenario that you mention, you could simply treat it as you would any other firearms acquisition that you utilize your C & R license for. While the shipping and receiving of a non curio & relic firearm may be a violation of the regulations, nothing would be gained by returning the firearm to the shipper.
Please be aware that there may be State laws that pertain to your proposed activity. You need to contact your State’s Attorney General Office to inquire about the laws and possible restrictions in your State concerning firearms. A list of their offices is available online at www.naag.org.
We trust the foregoing has been responsive to your inquiry. Should you have additional questions, please contact your local ATF office. A listing of ATF office phone numbers can be found at: http://www.atf.gov/content/contact-us.
All I can say is, Wow. That's not really what I was expecting the ATF to say. Not that I don't like the answer, quite the contrary. It's just that LOGIC and the federal bureaucracy don't usually go together!