Lee Roder said:
Same with their Rulings. Now only a "few" are maintained online. You wanna read Ruling 85-10? Too bad. Judge will "summarize" it for you at your trial.
Not true. It's on page 129:
http://www.atf.gov/publications/download/p/atf-p-5300-4.pdf
ATF Rul. 85-10
Section 233 of the Trade and Tariff
Act of 1984, 98 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 U.S.C. section 925(d)(3).
130
Congressional intent was expressed
by Senator 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 curios or relics.
Moreover, ATF's classification of
surplus military firearms as curios or
relics has extended only to those
firearms in their original military configuration.
Frames or receivers of
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 reason 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 curios or relics
because of their association with
some historical figure, period or
event.
It is clear from 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
U.S.C. 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.
:banghead:
