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Can a 50 year old shotgund be FTF C&C?

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  • #16
    AJAX22
    I need a LIFE!!
    • May 2006
    • 14980

    The originality of condition does NOT matter

    C&R's can be C&R either of two ways..

    By age, or by virtue of being deemed 'collectible'

    If a C&R is NOT 50 years old, then it must be in the configuration that was approved as C&R in order to be consider to still be C&R (like the yugo sks's)

    I know there is debate on this somewhat, but the law as written is very clear.

    The BATFE puts a number of conflicting letters out on this subject... but the statute is quite clear.
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    • #17
      -hanko
      CGN/CGSSA Contributor
      CGN Contributor
      • Jul 2002
      • 14174

      Originally posted by AJAX22
      The originality of condition does NOT matter

      C&R's can be C&R either of two ways..

      By age, or by virtue of being deemed 'collectible'

      If a C&R is NOT 50 years old, then it must be in the configuration that was approved as C&R in order to be consider to still be C&R (like the yugo sks's)

      I know there is debate on this somewhat, but the law as written is very clear.

      The BATFE puts a number of conflicting letters out on this subject... but the statute is quite clear.
      Which was the point of my reply.

      -hanko
      True wealth is time. Time to enjoy life.

      Life's journey is not to arrive safely in a well preserved body, but rather to slide in sideways, totally worn out, shouting "holy schit...what a ride"!!

      Heaven goes by favor. If it went by merit, you would stay out and your dog would go in. Mark Twain

      A man's soul can be judged by the way he treats his dog. Charles Doran

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      • #18
        EOD Guy
        Senior Member
        • Oct 2005
        • 1229

        BATF's contention is that there are not 3 but 4 conditions for a firearm to be C&R.

        The first condition is that the firearm must be of special interest to collectors. Their position is that if a firearm is not in original configuration it is not of special interest to collectors. It is then disqualified at that point and you don't get to go to the other defining criteria.

        One letter I have states that very point in regards to barreled actions.

        This is a major point of contention between collectors and BATF. BATF has not helped matters with their flip flopping and confusing letters. The only place you will find original configuration mentioned in the regulation is in the preamble where Congressional intent was discussed. And yes, courts do take Congressional intent into account when interpreting Federal regulations.

        Unfortunately, when the 27CFR was originally published in the Federal Register, the web was still a dream and it is not online as far as I know. I'm sure it's available in some law library somewhere. A few years ago I tried looking in the library at Boalt Hall at UC Berkeley but couldn't find it. I no longer have staff privileges at UC since I retired from there so can't go back again.

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