C&R question: altering sporterize gun
Is there anything you need to do if you want to alter (sporterize, bubbify) a gun that was received on your C&R and entered into your log?
For example:
-Chop down, recrown, and bend down the bolt on a Mosin Nagant rifle.
-Rechamber a Mauser into a different caliber, etc.
I believe its legal to do all of these things, the gun just loses C&R status. But then what? You're not disposing of the gun. Does it just mean you can't transfer the gun as a C&R from that point? Is there anything you're supposed to enter into your bound book?
Last question.
Does merely refinishing a gun change its "original configuration" and render it not a C&R anymore? (I'd assume not). How about if the refinish isn't period original (eg I decide I want to hard-chrome a CZ-82 or Tokarev)?
Edit: Thinking about this more, I've seen plenty of refinished guns being sold as C&Rs. In fact, most of the C&R Mosin-Nagant rifles and Russian capture Mausers were "re-arsenalled", ie refinished, and otherwise touched up. So I know the BATFE can't really care about just a simple refinish.
Its debatable to me whether or not a finish is really part of a guns "configuration". Lets say I take a Mauser then spray paint it camo-green. The original finish is still under there, right?
Given that they permit changes to sights, drill-and-tap for scopes, and non-original replacement parts, I sort of doubt the BATFE would care about a non-original finish, even it it weren't really period authentic. I just wanted to know if anyone has seen an advisory letter or knows a definitive answer here ("yes" or "no").
For example:
-Chop down, recrown, and bend down the bolt on a Mosin Nagant rifle.
-Rechamber a Mauser into a different caliber, etc.
I believe its legal to do all of these things, the gun just loses C&R status. But then what? You're not disposing of the gun. Does it just mean you can't transfer the gun as a C&R from that point? Is there anything you're supposed to enter into your bound book?
Last question.
Does merely refinishing a gun change its "original configuration" and render it not a C&R anymore? (I'd assume not). How about if the refinish isn't period original (eg I decide I want to hard-chrome a CZ-82 or Tokarev)?
Edit: Thinking about this more, I've seen plenty of refinished guns being sold as C&Rs. In fact, most of the C&R Mosin-Nagant rifles and Russian capture Mausers were "re-arsenalled", ie refinished, and otherwise touched up. So I know the BATFE can't really care about just a simple refinish.
Its debatable to me whether or not a finish is really part of a guns "configuration". Lets say I take a Mauser then spray paint it camo-green. The original finish is still under there, right?
Given that they permit changes to sights, drill-and-tap for scopes, and non-original replacement parts, I sort of doubt the BATFE would care about a non-original finish, even it it weren't really period authentic. I just wanted to know if anyone has seen an advisory letter or knows a definitive answer here ("yes" or "no").
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If it's no longer C&R eligible, enter "Transferred to personal collection" in your C&R book. BATF states that a C&R firearm needs to be in its original condition, meaning for example you can't replace a wooden stock with a synthetic one. Chrome plating one might be arguable as a lot of GI's had their war souvenirs plated but any significant changes to its original configuration would remove it from C&R status.
The definition for curio or relic ("C & R") firearms found in 27 CFR ? 478.11 does not specifically state that a firearm must be in its original condition to be classified as a C&R firearm. However, ATF Ruling 85-10, which discusses the importation of military C&R firearms, notes that they must be in original configuration and adds that a receiver is not a C&R item. Combining this ruling and the definition of C&R firearms, the Firearms Technology Branch (FTB) has concluded that a firearm must be in its original condition to be considered a C&R weapon.
It is also the opinion of FTB, however, that a minor change such as the addition of scope mounts, non-original sights, or sling swivels would not remove a firearm from its original condition. Moreover, we have determined that replacing particular firearms parts with new parts that are made to the original design would also be acceptable-for example, replacing a cracked M1 Grand stock with a new wooden stock of the same design, but replacing the original firearm stock with a plastic stock would change its classification as a C&R item.
http://www.atf.gov/firearms/faq/curios-relics.html0 -
Bubba got to two of mine - a K-31 & a Mosin. I make no entry into the original book post but have a "notes" section elsewhere where I list the S/N & what I did. While I have no plans on selling either, yes, they would have to be transferred though a dealer & I would enter the buyer's name & dealer's FFL #. Non-original refinish is a good question. I hope someone w/ more knowledge than I chimes in. 0 -
Your C&R license is used only when acquiring a C&R firearm. You can alter it any way you want, it's yours. The only entry you need to make in your bound book is when you dispose of it, & that means when you transfer it to a dealer or another person. That transfer must be made in accordance with the rules that apply to that specific gun at the time of disposition; if it's no longer a C&R, you can't transfer it to a C&R licensee outside of your state.
ATF has ruled that refinishing a C&R doesn't remove it from the C&R category. They haven't really cared about blue vs parkerized vs painted. I would not accept a C&R for a nickel/chrome military firearm without an ATF decision letter. OTOH, a black chrome finish would look original to me.
Neal0 -
I have to agree for the most part but I would think that a military gun that had been chrome plated back in the day for use as a parade rifle could still be considered a C&R. This is an interesting side of the "grey" area on modifications that I have not seen before. I am thinking that you can do whatever you want to after you buy it, but could no longer sell it as a C&R. The only problem I can forsee is that if you collection is audited by the BATF and they question your modified gun, do you have to prove that it was modified by you after you bought it rather than before you bought it? 0 -
Anybody ever hear of an 03 being audited without cause?
The appearance of your collection is low on the list of ATF priorities. Most important is the inbound shipment. Then it's yours. Joe0
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