Annotations in red are mine and intended to answer questions and are intended to direct the reader to the applicable section of the response letter.
October 18, 1996
From: Jxxx Rxxx
BATF
Attn: Curios & Relics
650 Massachusetts Ave. NW
Washington, DC 20226-0013
Dear Sirs, I was talking with some fellow friends who have Curio and Relics licenses, and there seems to be a great deal of confusion over one aspect of this license. I would like to get this clarified in a written response from you, so that I can provide my friends with a copy of the ''real'' answer to these questions.
The question concerns what requirements there might be to record purchase and
sale of curio and relic firearms that were acquired before receiving the C&R
license or that are purchased within the state where the C&R license is not
required.
* Once the license is received, do all previously owned C&R guns in your
possession have to be logged in the bound book? -- NO! (A) --
* If a C&R gun that was acquired before the license was received is then
subsequently sold, does that transaction have to be logged in the bound book?
--NO! (A) --
* Once in possession of the C&R license, do C&R guns that are not purchased
through interstate mail have to be logged in the bound bok? ie: If I buy a C&R
gun from a local gun store, where the C&R license is not necessary, does that
gun need to be logged in? -- YES! (B) --
* If the above C&R gun, purchased locally without the C&R license, is
subsequently sold, does that transaction have to be logged n the bound book?
-- YES! (B) --
There is one other question of a different nature that also seems to
besurrounded by confusion. Since the C&R license is not for purposes of
''dealing'' in firearms, what restrictions are there upon selling pieces from
your collection?
* If I purchase a gun through the mail which turns out to be of such poor
quality that I don't want it, can I sell it? -- YES! (C) (D) --
* Do I have to hold it for a year first? -- NO! (C) (D) --
*If I find a higher quality rifle which duplicates one I already have, can I sll
the lower quality rifle? -- YES! (C) (D) --
* Is there some limit on the number of trades or sales per year? -- NO! (C) (D)
--
I've checked the Federal Firearms Regulation Reference Guide for answers to these questions, but could not find anything that addressed these issues. Thank you in advance for your assistance.
Sincerely,
Jxxx Rxxx
Dear Mr. Rxxx,
This is in response to your letter dated October 18, 1996, requesting
information concerning the acquisition and disposition of curio and relic
firearms.
In response to your questions, we feel the following information will resolve
your areas of concern and confusion:
(A) Current regulations do not require licensed collectors to record in their
bound book firearms acquired prior to obtaining their license. Therefore,
subsequent sales of the previously acquired firearms would require no entry in
your bound book records.
(B) If, after obtaining a license, a firearm is acquired for your personal
collection, it must be entered into your bound book whether or not you use your
collectors' license to purchase the weapon. See 27CFR 178.125(f). Any subsequent
sale would have to be entered in your bound book records.
(C) You may immediately dispose of a firearm to a lawful buyer. The length of
time you retain it is immaterial. The determining factor is under what
circumstances it was acquired. If the firearm was acquired to enhance your
personal collection, and you decide you do not like or want it, the length of
time and amount it is sold for do not matter. However, if you acquire guns for
the purpose of resale, for profit, you would be engaged in a firearms dealing
business and would need a dealers' license. As you are aware, the definition of
a dealer is ''A person who devotes time, attention and labor to dealing in
firearms as a regular course of trade or business with the principle objective
of livelihood and profit through the repetitive purchase and resale of firearms,
but such a term shall not include a person who makes occasional sales, exchanges
or purchases of firearms for the enhancement of a personal collection or for a
hobby, or who sells all or part of his personal collection of firearms.''
Therefore, the purpose of the transactions would be the determining factor in
whether you were dealing in firearms or merely enhancing your personal
collection. The mere fact that you make a profit on the sale of a firearm from
your collection would not mean you were dealing in firearms. Repeated
transactions which are motivated by the desire to generate profit or income
rather than enhancing your collection would indicate you were dealing in
furearms, not collecting. If a collector acquires curios or relics for the
purpose of sale rather than to enhance a collection, the collector should be a
licensed dealer in firearms.The sole intent and purpose f the collectors'
license is to enable a firearms collector to obtain a curio or relic from
outside his State of residence.
(D) Disposing of personal firearms for the purpose of upgrading a collection is
not engaging in a firearms business.
We trust this has been responsive to your request. If we can be of further assistance, please do not hesitate to contact us.
Sincerely yours,
Charles Bartlett
Acting Chief
Firearms and Explosives Operations Branch
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