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does cutting a barrel down keep it C&R?

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  • budprop
    Member
    • Dec 2008
    • 190

    does cutting a barrel down keep it C&R?

    So, I just came across an add here on calguns for a winchester model '97 that has had the barrel cut down. Does this modification remove it from C&R eligibility?
    Democracy is two wolves and a sheep voting on what to have for dinner, Freedom is a well armed sheep contesting the vote.
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  • #2
    dotalchemy
    Senior Member
    • Apr 2011
    • 958

    Probably, although it would depend on if the ATF viewed that as a minor modification or not.

    I suspect they wouldn't.

    1928 Tula 91/30 | 1944 Izhevsk M44 | As yet unknown 91/30 and M44 - still in the box | 1976 Walther P-1
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    • #3
      TheExpertish
      Veteran Member
      • Jul 2011
      • 3451

      It's still C&R so it'd be fine. Also unless you know for fact that it was done recently it adds to the history. Basically if you think it's a C&R it is. If you don't, then it's not. When buying it's up to the seller or convincing them. Had to do it many a time.
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      Originally posted by starsnuffer
      It's an HK, I could lube it with sand and superglue and it'd work just fine.

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      • #4
        littlejake
        Senior Member
        • Aug 2008
        • 2168

        Originally posted by budprop
        So, I just came across an add here on calguns for a winchester model '97 that has had the barrel cut down. Does this modification remove it from C&R eligibility?
        It's sort of a gray area. Really need a lawyers opinion; but in my non-lawyer opinion, the "original configuration" language applies only to mil surp C&R guns. ATF gives some specific examples, in a letter of memoranda, of what takes a mil surp out of "original configuration" -- drill and tap for scope mounts does not; but, sporterizing a stock does.
        Life Member NRA and 2A Foundation.
        My posts are my own opinions and do not reflect those of any organization I am a member of.
        Nothing I post should be construed as legal advice; if you need legal advice, see a lawyer.

        "Necessity is the plea for every infringement of human freedom. It is the argument of tyrants; it is the creed of slaves."
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        • #5
          jrr
          Senior Member
          • Aug 2009
          • 620

          My understanding is "yes, and no". Modifying the gun may take away its status as a collectors item (I.e. C&R ). However, if the gun is more than fifty years old it is a C&R regardless of what modifications are made to it.

          So, a sporterized 03A3 or cut down Winchester 1897 made before 1961 is a C&R, but asporterized Yugo SKS made after 1961 may not be C&R anymore because its C&R status is dependent on it being in original military configuration.

          Since I think they had stopped making Win 1897s prior to 1961, it should still be a C&R regardless of condition.

          Thats how I read the rules anyways.

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