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Gun rights and Constitutional law

lexusmgr
I recently acquired a Colt 32 form one of the gentlemen in this site. I always wanted one of these small pieces and the opportunity came along. I checked it with Colt records and it turned out to have been manufactured in 1912, making it 100 years old. The finish had long worn away but the internal workings and the barrell were in great condition. Since I wanted it as a carry piece, I decided to have it refinished. The original bluing was long gone along with most of the lettering on the left side the slide. I took it to a gunsmith were he informed me because of a recent law, changing or modifying the factory production of any gun was technically illegal. He went as far as to say that even changing grips on a gun was considered changes in the original manufacturing and required a special licence to do so. He added that right now, the law was not being stricyly enforced and he urged me to write my Congressman to let him know what my feelings were considering this matter. Now, I have always been a law abiding citizen and I staerted to think about this. I would not want to do anything that would be considered illegal, but, I have changed grips in several of my handguns. I even have added a scope to my hunting rifle. By doing so, technically I am breaking the law! I can see modifying a gun to fire automatically, or adding a silencer, but come on! Changing grips?? Adding scopes?? How about changing sights on a pistol?? How far is this going to go??
I dont know if you have had a similar experience lately, but if so, I would like to know. I wonder what bright mind thought that one up in Washington??
Thank you for your comments
Lex
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Comments

10 comments

Date Votes
  • Mr. Perfect
    You're not breaking any Federal law of which I am aware. In which of the several commie states do you live?
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  • lexusmgr
    I live in Florida, Mr Perfect.
    Are you aware of any such law? The gunsmith told me it required a special license to do any such work. Thanks for replying
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  • pickenup
    Find a new gunsmith.
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  • lexusmgr
    Thank you pickenup. Best advice I had all day!
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  • Mr. Perfect
    quote:Originally posted by pickenup
    Find a new gunsmith.
    +1 Florida is not one of the commie states (at least where gun laws are concerned). Your gunsmith sounds like an idiot.
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  • Don McManus
    quote:Originally posted by pickenup
    Find a new gunsmith.


    +1.5

    Modifying may affect its C&R eligibility, but will do nothing with regards to the legality of owning and using the pistol.
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  • Horse Plains Drifter
    quote:Originally posted by pickenup
    Find a new gunsmith.
    Yep, tell that guy to put the peace pipe down and back away.
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  • zink
    As a gunsmith I say he is full of crap. Find a new smith.
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  • Rocklobster
    Your gunsmith is mistaken.

    Per Title 27, Code of Federal Regulations, Part 478.11:

    To be recognized by ATF as a C&R firearm, a firearm must fall into at least one of the following three categories:

    Firearms must be at least 50 years old;

    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;

    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.

    Some examples of C&R firearms are most manually-operated and semi-automatic firearms used by a military force prior to 1946. This includes most firearms used by the warring nations in World Wars I and II.

    However, the firearm must normally also be in its original configuration in order to retain the C&R designation - an unaltered German Mauser 98k rifle (for instance) is considered to be a C&R firearm, while the same rifle having been "sporterized" with a new stock and finish would generally not be considered a C&R firearm. This is an ambiguous point in how the license is currently administered, since as long as the receiver (the part of the firearm that is regulated by the BATFE) is over 50 years old the firearm technically qualifies as a Curio & Relic.
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  • lexusmgr
    Thank all of you gentlemen for taking the time to clarify this issue. I did take my business elsewhere as several of you suggested.
    Better be safe than sorry.
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