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C&R Eligible?

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  • Jason762
    Senior Member
    • Mar 2006
    • 1704

    C&R Eligible?

    Hello.

    I saw a rifle I'd like to purchase. It's an 1903A3 made to look like an 03A4 sniper.



    I'm wanting to know if it's C&R eligible since it's been modified.

    If memory serves correctly, a rifle can only be in unmodified form to qualify as an C&R firearm (i.e. no sporterized/bubba'd rifles).

    Does this rifle qualify as a C&R, and need no FFL/10 day waiting period?
    Strong people are harder to kill than weak people, and more useful in general - Mark Rippetoe
  • #2
    finfan
    Member
    • Oct 2005
    • 150

    The C&R license is for interstate transactions. Your ideal
    purchase of this rifle would be FTF.
    sigpic Member

    Comment

    • #3
      ke6guj
      Moderator
      CGN Contributor - Lifetime
      • Nov 2003
      • 23725

      Originally posted by Jason762

      If memory serves correctly, a rifle can only be in unmodified form to qualify as an C&R firearm (i.e. no sporterized/bubba'd rifles).

      Does this rifle qualify as a C&R,
      I've seen ATF ruliings that say that imported military rifles must be in unmodified form to maintain C&R status, and that stripped receivers from those imported military rifles weren't C&R.

      I haven't seen any rulings on US built rifles losing C&R status due to modifications if 50+ years old. I could understand how modifying C&R's that are less than 50 years old, but are C&R due to "rarity" could lose C&R status if bubba'd.
      Jack



      Do you want an AOW or C&R SBS/SBR in CA?

      No posts of mine are to be construed as legal advice, which can only be given by a lawyer.

      Comment

      • #4
        chiefcrash
        Internet Dictator
        CGN Contributor - Lifetime
        • Jul 2006
        • 3408

        Originally posted by ke6guj
        I haven't seen any rulings on US built rifles losing C&R status due to modifications if 50+ years old. I could understand how modifying C&R's that are less than 50 years old, but are C&R due to "rarity" could lose C&R status if bubba'd.
        if it's 50 years old, it's C&R. You can modify it and it will still be C&R. That's how Century can sell those Mosin-Nagant PU sniper reproductions and such...
        Originally posted by Kestryll
        we can not nor should not dismiss or discount my theory that in the dark of night you molest sea anemones by candlelight.
        Originally posted by TKM
        Show me on this 1st Amendment bobble-head doll where the mods touched you.
        Originally posted by Click Boom
        It is clear from this thread that citadel grad was the gunman, and Oswald his patsy.

        Comment

        • #5
          maxicon
          Veteran Member
          • Oct 2005
          • 4661

          Originally posted by Jason762
          Does this rifle qualify as a C&R, and need no FFL/10 day waiting period?
          As long as it's over 50 years old, it can be transferred inside California via PPT with no DROS or 10 day wait. C&R status doesn't actually come into it, only age. This includes stripped receivers.

          Transferring from out of state, it has to meet both federal and state criteria.
          sigpic
          NRA Life Member

          Comment

          • #6
            ATS76
            Member
            • Nov 2006
            • 358

            The receiver is over 50 years old. It’s a C&R. No FFL, DROS, waiting period will be required between 2 private parties, as long as both are over 18. You should ask to see seller’s DL and put the info on the bound book.

            If you are a C&R holder in CA and the seller is a private party, not a 01 FFL in CA, he can ship the gun to you.
            Last edited by ATS76; 07-06-2007, 7:55 AM.

            Comment

            • #7
              bigthaiboy
              Veteran Member
              • Apr 2007
              • 4795

              The complete 1903A3 that has had a scope mounted is still C&R, as the modifications are not significant enough to alter it's curio & relic status eg. if the stock had been cut down into a hunting stock, or the barrel had been shortened to a carbine, then the modication would be significantly altered from it's original configuration to change it's C&R status.

              I think a good rule of thumb for keeping a firearm from losing it's C&R is - can the modifications be reversed without having to to use replacement parts.

              Life can make you do many things, even kiss a man with a runny nose.

              Comment

              • #8
                ke6guj
                Moderator
                CGN Contributor - Lifetime
                • Nov 2003
                • 23725

                Originally posted by bigthaiboy
                The complete 1903A3 that has had a scope mounted is still C&R, as the modifications are not significant enough to alter it's curio & relic status eg. if the stock had been cut down into a hunting stock, or the barrel had been shortened to a carbine, then the modication would be significantly altered from it's original configuration to change it's C&R status.
                Do you have a ruling on that that states that? I've seen an opinon letter that referenced a ATF ruling on modified imported military C&Rs needing to stay in original config, but nothing regarding domestic C&Rs of any type.
                Jack



                Do you want an AOW or C&R SBS/SBR in CA?

                No posts of mine are to be construed as legal advice, which can only be given by a lawyer.

                Comment

                • #9
                  bigthaiboy
                  Veteran Member
                  • Apr 2007
                  • 4795

                  As for the the C&R status of the M1903A3 with the scope. The scope was added as an accessory (people add scopes to their C&R rifles all the time, and this is no different), and by adding the scope the rifle has not been signicantly altered eg. with cutting of the stock or modification of the bolt.

                  If you are concerned if it is a C&R eligible firearm, you need to contact ATF Technical Division directly (in writing only) and send them specific information on the weapon and photos if you can. They will make a ruling on the weapon and contact you back. DO NOT BOTHER to call a local ATF region office with a firearms ruling. They will only steer you back to the ATF Technical people. The local ATF is good for general questions about the C&R and help in filling out the forms. The address to submit a letter of ruling and eligibility of a firearm is:

                  Bureau of Alcohol, Tobacco, Firearms and Explosives
                  Firearms Technology Branch
                  244 Needy Road
                  Martinsburg, WV 25401
                  Last edited by bigthaiboy; 07-07-2007, 12:36 AM.

                  Life can make you do many things, even kiss a man with a runny nose.

                  Comment

                  • #10
                    chiefcrash
                    Internet Dictator
                    CGN Contributor - Lifetime
                    • Jul 2006
                    • 3408

                    Originally posted by ke6guj
                    Do you have a ruling on that that states that? I've seen an opinon letter that referenced a ATF ruling on modified imported military C&Rs needing to stay in original config, but nothing regarding domestic C&Rs of any type.
                    First, a 1903 Springfield is not a imported military rifle

                    Second, the "original military configuration" only applies to firearms listed as C&R even though they are younger than 50 years old. A Yugo M59 is listed as C&R because of it's historical interest instead of age ("Curio" instead of "Relic").

                    Once a firearm is 50 years old, it's C&R regardless of configuration...
                    Originally posted by Kestryll
                    we can not nor should not dismiss or discount my theory that in the dark of night you molest sea anemones by candlelight.
                    Originally posted by TKM
                    Show me on this 1st Amendment bobble-head doll where the mods touched you.
                    Originally posted by Click Boom
                    It is clear from this thread that citadel grad was the gunman, and Oswald his patsy.

                    Comment

                    • #11
                      ke6guj
                      Moderator
                      CGN Contributor - Lifetime
                      • Nov 2003
                      • 23725

                      Originally posted by chiefcrash
                      First, a 1903 Springfield is not a imported military rifle
                      Yes, I am aware of that. That is why I mentioned if anybody had info regarding modifying "domestic C&Rs".

                      Second, the "original military configuration" only applies to firearms listed as C&R even though they are younger than 50 years old. A Yugo M59 is listed as C&R because of it's historical interest instead of age ("Curio" instead of "Relic").

                      Once a firearm is 50 years old, it's C&R regardless of configuration
                      I've got a copy of an ATF letter that states otherwise. A guy sporterized a 1938 Turkish Mauser in 2002 (so at time is was 64 years old) and ATF says it is not a C&R anymore.

                      I'm not trying to cause trouble, just trying to determine what can be done to a C&R without it losing C&R status. And I know that writing letters to the ATF can backfire and get rulings we don't want. So if there is a ruling that already goes our way, I don't want to ask the question again and then get a new ruling that limits us now.
                      Attached Files
                      Jack



                      Do you want an AOW or C&R SBS/SBR in CA?

                      No posts of mine are to be construed as legal advice, which can only be given by a lawyer.

                      Comment

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