C&R 50-year Question

[Shade00]

Ok guys, I got my C&R license a couple of weeks back, but I haven't used it to buy anything yet. I am looking at buying a particular handgun manufactured in 1958. There is no way to get a more specific birthdate for it. Serial number puts it there.

Anyway, I did not know if C&R rules would apply to this gun since there is no specific manufacture date. I looked through my C&R FAQ but could not find anything.

As always, thanks guys!

 

[Mad Magyar]

If you haven't already, you will receive a heavy volume that will include a list of make & model #'s of various eligible guns...Keep in mind, many dealers are hazy about C&R eligible, why, just lazy to check on it.
You can download the list from the ATF website....

 

[Clermont]

To be Curio & Relic, firearms must be at least fifty years old as of today's date. If you can't date your 1958 handgun, you will have to wait until 01/01/09 for Curio & Relic status. There are exceptions for rare, prototype and uncommon firearms but if you believe your handgun is common, it has to be dated.

 

[cluttonfred]

To clarify, I live overseas and no longer use my C&R, but the law is very clear that the C&R eligibility list is not definitive.

Firearms automatically attain curio or relic (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. However, if your C&R item is regulated under the National Firearms Act (NFA) and you desire removal from the provisions of the NFA, you must submit the firearm to the Firearms Technology Branch for evaluation and a formal classification.

Source: http://www.atf.gov/firearms/curios/index.htm

The list exists as a handy quick reference only and to show which gun which otherwise be subject to NFA restrictions are now considered exempt because of their age and collectible nature. For example, pistols with shoulder stocks are subject to NFA restrictions as "short-barrelled rifles" but the latest C&R list update includes:

Section III – Firearms removed from the provisions of the National Firearms Act and classified as curios or relics, still subject to the provisions of 18 U.S.C. Chapter 44, the Gun Control Act of 1968.

Beretta, Model 92SB pistols, caliber 9mm, S/N C31509Z through C31538Z; with factory-issued detachable folding shoulder stocks

So that particular gun with the factory shoulder stock, which automatically became C&R-eligible at age 50, also avoids the $200 NFA tax and registration because of its inclusion in the list.

On your specific question, if you can't show in a definitive reference source that the gun you want to buy was made on a particular date in 1958, you'll probably have to wait until 2009 to be safe.

 

[cluttonfred]

By the way, what handgun made in 1958 prompted this thread?

 

[tinygnat219]

ONe more thing to watch, some dealers don't want to deal with C&R holders. They view us as potential competition since we can see the same prices they do. Some won't even give you the time of day if you have one. OTOH, I have found some that welcome the business as they just take a copy of your FFL, check the ID, and give you any change.

It really depends on the dealer, and they are very subjective.

 

[oneounceload]

can someone use the C&R to avoid any waiting period or background like you can with a CCW?

Thanks

 

[Shade00]

There is no background check with C&R for C&R guns. There are a lot of great websites that sell old mil-surp rifles and handguns to C&R holders, and most respectable gun shops will send you any C&R qualified gun. The great thing is that, since any gun older than 50 qualifies, there are a lot of fantastic S&W and Colt handguns that qualify.

Thanks for the help guys. Stay tuned, I'll post a thread when I get my new purchase.

 

[Neo-Luddite]

can someone use the C&R to avoid any waiting period or background like you can with a CCW?

Local and state laws may still apply, but a C/R holder may cash and carry a C/R weapon nationwide without any background check or waiting period--no NICS phone call, etc. It is not avoidance in any respect; a C/R holder is an FFL and is afforded the ability to make transactions under the rules of that category of license.

As said, some type 1 FFL's don't care to 'deal' with type 3 holders owing to a lack of understanding of the laws or any number of reasons. I personally don't get worked up about it, EXCEPT when they try to tell me that it is for some 'legal' reason and not just their personal choice.

One of the BIG sticking points is the date of manufacture of a a weapon not included on the C/R list.