11-24-2013, 6:27 PM
If you have a 1910 small ring 1910 Mexican Mauser which takes 308 caliber (bolt action) and you sportarize it / customize it with new barrel, new stock put scope mount on it etc... and need to sell it, is it considered an antique gun or what is it since it is over 100 years old? Does changing everything except the mauser receiver effect what it is labeled as legally.
Any help appreciated.
11-24-2013, 9:34 PM
from atf web site:
Q: What modifications can be made on C&R firearms without changing their C&R classification?
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.
Q: What qualifies as an antique firearm?
As defined in 18 U.S.C. § 921(a)(16) the term “antique firearm” means —
any firearm (including any firearm with a matchlock, flintlock, percussion cap, or similar type of ignition system) manufactured in or before 1898; or
any replica of any firearm described in subparagraph (A) if such replica —
is not designed or redesigned for using rimfire or conventional centerfire fixed ammunition, or
uses rimfire or conventional centerfire fixed ammunition which is no longer manufactured in the United States and which is not readily available in the ordinary channels of commercial trade; or
any muzzle loading rifle, muzzle loading shotgun, or muzzle loading pistol, which is designed to use black powder, or a black powder substitute, and which cannot use fixed ammunition. For purposes of this subparagraph, the term ‘antique firearm’ shall not include any weapon which incorporates a firearm frame or receiver, any firearm which is converted into a muzzle loading weapon, or any muzzle loading weapon, which can be readily converted to fire fixed ammunition by replacing the barrel, bolt, breechblock, or any combination thereof.
11-25-2013, 5:37 PM
is it considered an antique gun or what is it since it is over 100 years old?
To be considered an antique it has to have been made in or before 1898. If it was made after 1898 it is not an antique, no matter how old it is.
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