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View Full Version : C&R for Albanian SKS in Face 2 Face transaction - law question


LG1980
01-29-2010, 7:56 PM
I am interested in a 1971 Albanian SKS.

Since I am not having this item shipped within or from another state (am doing face2face transaction) I believe that with my C&R license, I should be able to give a copy of it to the seller, and give him payment & take the SKS with me.

The Albanian is on the ATF site in section II as a Curios or Relic. Pasted below. I'd like to make sure that this is legal to do?

http://www.atf.gov/publications/down...-p-5300-11.pdf
SECTION II
SECTION II: Firearms Classified As Curios Or
Relics Under 18 U.S.C. Chapter 44
The Bureau has determined that the following firearms are curios or relics as defined in 27 CFR 47
8.11 because they fall within one of the categories specified in the regulations.
Such determination merely classifies the firearms as curios or relics and thereby authorizes licensed collectors
to acquire, hold, or dispose of them as curios or relics subject to the provisions of 18 U.S.C. Chapter 44 and
the regulations in 27 CFR Part 478. They are still "firearms" as defined in 18 U.S.C. Chapter 44.
Albanian SKS semiautomatic rifles, caliber 7.62 x 39, manufactured in Albania from 1964 to 1978.

ke6guj
01-29-2010, 7:58 PM
already answered you in the other thread,

Here,

12072(d) Where neither party to the transaction holds a dealer's license issued pursuant to Section 12071, the parties to the transaction shall complete the sale, loan, or transfer of that firearm through a licensed firearms dealer pursuant to Section 12082. your 03FFL is not a dealer license, so you still have to comply with 12072(d) via 12082.

and 12078(t)(2) exempts one from 12072(d) for C&R long guns that are over 50-years old.

12078(t)(2) Subdivision (d) and paragraph (1) of subdivision (f) of Section 12072 shall not apply to the infrequent sale, loan, or transfer of a firearm that is not a handgun, which is a curio or relic manufactured at least 50 years prior to the current date, but not including replicas thereof, as defined in Section 478.11 of Title 27 of the Code of Federal Regulations, or its successor.

Your Albanian SKS is not 50-years old, so you can't use 12078(t)(2) to exempt you from 12072(d).

EBR Works
01-29-2010, 8:08 PM
...unless the seller lives in another state and you travel to his location to buy the Alby. Then you can buy it without doing the transfer through an FFL01.