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Gotta love cash n carry."I am the bastard son...The expendable one...
...War is in my blood ...Rage is in my heart."
Originally posted by oaklanderI didn't miss the bend-over-party every time a friend wanted to get in my back seat. . .Originally posted by ChrisO.......No not a Knights In Satans Service rifle lol.Comment
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Nice touch with the hearts background for the rifle.Comment
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FYI , when its sold, it technically has to be in original configuration, meaning wood stock has to be on.
BUMP.Last edited by Frijolito1988; 01-27-2010, 4:01 PM.*DISCLAIMER* I probably misspelled alot of things, and i dont care...
"If you wish for peace, prepare for war."
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This has been discussed to some extent and I had the same question when I was selling my sporterized Nagant. It does not need to be in the original condition when sold, It can be sold in the sportized condition and it would still fall under the C&R Rule....Then again who really knows the right answer!
Here is a link:http://www.calguns.net/calgunforum/s...hlight=sporterLast edited by louscamaro91; 01-27-2010, 12:48 AM.Comment
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This has been discussed, and the ATF has made clear their stance on the subject. Firearms MUST be in their original configuration to retain C&R status unless specifically listed in the published C&R list as otherwise. As far as the ATF is concerned, If you don't transfer it in the original configuration, it is not C&R.This has been discussed to some extent and I had the same question when I was selling my sporterized Nagant. It does not need to be in the original condition when sold, It can be sold in the sportized condition and it would still fall under the C&R Rule....Then again who really knows the right answer!
Here is a link:http://www.calguns.net/calgunforum/s...hlight=sporter
Taken straight from the ATF website:
Q: What modifications can be made on C&R firearms without changing their C&R classification?
the Firearms Technology Branch (FTB) has concluded that a firearm must be in its original condition to be considered a C&R weaponreplacing the original firearm stock with a plastic stock would change its classification as a C&R item."
Check the C&R FAQ on the ATF website for yourself here:
This is, of course interpretation by the ATF, not what the law says. They admit this themselves. I don't know if case law exists on the subject. That said, the ATF has made clear their stance on the issue.
California Penal Code section 12078(t)(2) exempts the infrequent transfer of rifles or shotguns that are both "curios or relics" and that are at least 50 years old from the requirements of Penal Code section 12072(d). Meaning, if you own a rifle or shotgun that is BOTH a C&R and at least 50 years old, you can sell it face to face "cash and carry." No FFL needed. However, CA has adopted its definition of C&R from the federal definition. If the ATF states that a modified C&R rifle is no longer a C&R, which they have, then CA shares that definition.
Take it for what it's worth. I'm by no means an expert, but everything I have read as a licensed C&R collector says that a modified C&R requires an 01 FFL for transfer.
If it were me, I'd put the wood stock back on, and just include the aftermarket stock.
BUMPComment
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Sweet Jesus...you're busting my balls here Addict. A minute ago I was crunching the numbers seeing what I can squeak by on to fund $400....I can't, I shouldn't, I really want to but I'll hate myself later.....but holding a new rifle is so beautiful...like holding your first born. Somebody please buy this, I'm already logging back into my bank account to recount lol
Do it before I do something I regret.
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What you quote is a circular memo from the firearms technology department.
i.e. fat bureaucrats with bags of potato chips and Doritos in the drawers of their desks and wear a 42 pants size.
This has only been used against would be importers to deny importation licenses and is a recent development where I believe the gun grabbing Brady Bunch paid off the bureaucrats with a bag of Doritos.
I and most folks here are against a fat desk jockey who is not married and jerks off at night making laws.
The memo was a stretch that said if a C&R by name is modified it is not C&R to any C&R that is modified.
When by name this makes sense. When by age it is hog wash.
No individual has been in trouble with the law for not following the Doritos's memo.
This has been discussed, and the ATF has made clear their stance on the subject. Firearms MUST be in their original configuration to retain C&R status unless specifically listed in the published C&R list as otherwise. As far as the ATF is concerned, If you don't transfer it in the original configuration, it is not C&R.
Taken straight from the ATF website:
Q: What modifications can be made on C&R firearms without changing their C&R classification?
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."
Check the C&R FAQ on the ATF website for yourself here:
This is, of course interpretation by the ATF, not what the law says. They admit this themselves. I don't know if case law exists on the subject. That said, the ATF has made clear their stance on the issue.
California Penal Code section 12078(t)(2) exempts the infrequent transfer of rifles or shotguns that are both "curios or relics" and that are at least 50 years old from the requirements of Penal Code section 12072(d). Meaning, if you own a rifle or shotgun that is BOTH a C&R and at least 50 years old, you can sell it face to face "cash and carry." No FFL needed. However, CA has adopted its definition of C&R from the federal definition. If the ATF states that a modified C&R rifle is no longer a C&R, which they have, then CA shares that definition.
Take it for what it's worth. I'm by no means an expert, but everything I have read as a licensed C&R collector says that a modified C&R requires an 01 FFL for transfer.
If it were me, I'd put the wood stock back on, and just include the aftermarket stock.
BUMPComment
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