Dear Sirs:
I participate in a Curios & Relics FFL discussion group on the Internet. One subject that often comes up concerns part of the definition of a curio or relic firearm. I would like to get a written clarification on this subject. The part of the definition under question is as follows.
Quoting from 27 CFR 178.11, curios or relics are:
Firearms which are of special interest to collectors by reason
of some quality other than is associated with firearms intended
for sporting use or as offensive or defensive weapons. To be recognized
as curios or relics, firearms must fall within one of the following
categories:
(a) Firearms which were manufactured at least 50 years prior to
the current date, but not including replicas thereof.
(balance of definition omitted)
Some members of the discussion group interpret this as saying that every firearm manufactured at least 50 years prior to the current date meets the definition of a curio or relic and therefore can be treated as such, regardless on if they appear in the firearms curios or relics list. Others say that they may meet the definition, but a determination needs to be made by the Bureau before it can be treated as a curio or relic. The question: are all firearms manufactured at least 50 years prior to the current date automatically considered curios or relics, whether or not they appear on the list? For example, would a Winchester Model 1911 shotgun manufactured in the 1920s be a curio or relic, even though it is not explicitly listed?
Thank you in advance for your assistance.
Sincerely,
Rxxxxx Cxxxx
Address,
City and State redacted
Mr. Rxxxxx Cxxxx
Address,
City and State redacted
Dear Mr. Cxxxx
This in response to your letter of November 17, 1997, to the Bureau of Alcohol, Tobacco and Firearms (ATF), in which you inquire as to whether firearms which were actually manufactured more than 50 years prior to the current date are automatically considered to be classified as curios or relics.
As set out in Title 27 Code of Federal Regulations (CFR), Part 178, S178.11, the term ''curio or relic includes certain firearms or ammunition which are of special interest to collectors by way reason of some quality other than is ordinarily associated with firearms intended for sporting use or as offensive or defensive weapons. To be recocnized as curios or relics, firearms must:
(1) Have been manufactured at least 50 years prior to the current date, but not including replicas thereof; or
(2) Be certified by the curator of a municipal, State or Federal museum which exhibits firearms to be curios or relics of museum interest; or
(3) Derive a substantial part of their monetary value from the fact that they are novel, rare or bizarre, or are from the fact of their association with some historical figure, period or event.
ATF has previously determined that any firearm which was actually manufactured more than 50 years prior to the current date, automatically qualifies as a curio or relic and it is not necessary for such firearms to be listed in the ATF Firearms Curio & Relic List for it to be included.
You are encouraged to contact ATF for confirmation that a firearm qualifies as a curio or relic. We have frequently encountered instances in which individuals have incorrectly dated a firearm due to misidentification of the firearm, erroneous reference material, or for various other reasons. It would be unlawful for a licensed collector to received {cqt} or transfer a firearm in interstate commerce as a curio or relic if it did not meet the definition in the cited section.
We trust that the foregoing has been responsiveto your inquiry. If we may be of any further assistance, please contact us.
Sincerely yours,
Edward M. Owen, Jr.
Chief, Firearms Technology Branch
�
Get your own Free Home Page