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S & W 9mm model 39-2 - 50 Years old

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  • Winchester-42
    CGN/CGSSA Contributor
    CGN Contributor
    • Oct 2017
    • 156

    S & W 9mm model 39-2 - 50 Years old

    Hello all,
    I know there are threads that have discussed bringing guns into CA that are not legal. I have also heard that if a pistol (S & W 9mm model 39-2) is older than 50 years, it may be purchased out of state and registered. Can anyone please give me a definitive answer to this? Thank you
  • #2
    Capybara
    CGSSA Coordinator
    CGN Contributor
    • Feb 2012
    • 15189

    Pretty simple really.
    C&R Firearms are exempt from the handgun roster.
    All firearms 50 years or older are C&R firearms.
    Note that unless you have proof of the month the gun was manufactured, the cutoff is really 51 years old.
    So guns made in 1972 are not C&R eligible unless they were made before today 50 years ago and you can
    prove it with documentation of the exact date of manufacture.

    Or unless the gun is on the ATF's list of C&R eligible firearms. I bough a Radom P64 yesterday that was made in 1975,
    it's not 50 years old but it is C&R since it appears on the ATF's list of eligible C&Rs. The CZ82 was made in the 1980s and
    it too is C&R eligible so worth checking the list to see if your Smith 39-2 might be on there.
    Last edited by Capybara; 04-08-2022, 10:18 AM.
    NRA Certified Metallic Cartridge Reloading Instructor, Shotgun Instructor and Range Safety Officer

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    • #3
      Winchester-42
      CGN/CGSSA Contributor
      CGN Contributor
      • Oct 2017
      • 156

      That (might) open the possibility of purchasing a S&W 39-2 out of state if I can prove it's older than 50 years with documentation, and listed as eligible C&Rs.
      Thank you!

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      • #4
        MARKFP
        Senior Member
        • Dec 2016
        • 529

        Info offered above is pretty much spot on about date of manufacture. Some brands can be difficult to nail down specific date. I ran into that a couple times with S&W 52's. Then you need to verify out of state seller recognizes the age exemption and is willing to ship, also need to verify your receiving FFL is willing. Sometimes one and or both only focus on the pistol being "off roster" and will not want to oblige. If purchasing on gunbroker communicate and verify before bidding. A good relationship with an FFL on the receiving end can help make things go smoothly also ! Good luck and share pics if it happens.
        Oh no, not another 1911 !
        "You can't have a good argument with an ignorant person"....My Dad

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        • #5
          Quiet
          retired Goon
          • Mar 2007
          • 30241

          AFAIK...

          The S&W Model 39 was made from 1954-1970.
          The S&W Model 39-2 was made from 1971-1983.

          The vast majority of S&W Model 39-2 are not C&R.
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          "If someone has a gun and is trying to kill you, it would be reasonable to shoot back with your own gun." - Dalai Lama (Seattle Times, 05-15-2001).

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          • #6
            morrcarr67
            I need a LIFE!!
            • Jul 2010
            • 14988

            Originally posted by Quiet
            AFAIK...

            The S&W Model 39 was made from 1954-1970.
            The S&W Model 39-2 was made from 1971-1983.

            The vast majority of S&W Model 39-2 are not C&R.
            You are correct sir.

            The last 39-2 made was shipped on February 15th, 1983. It is serial number A747148.

            Speaking of serial numbers, in 1972 S&W started their semiauto pistol run with serial number A145801. This true for the 39, 41, 44, 46, and 52. So, you would need to find one with a serial number less than that to make sure it's a C&R.
            Yes you can have 2 C&R 03 FFL's; 1 in California and 1 in a different state.

            Originally posted by Erion929

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            • #7
              Winchester-42
              CGN/CGSSA Contributor
              CGN Contributor
              • Oct 2017
              • 156

              Capybara, the gun in question is a S&W 39 - no dash which makes it an early model. I contacted S&W CS with the serial number and the best they could do was tell me it was manufactured between 1954-1970. From my research, I put the gun at about 1968-69. If there is no definitive proof of the date, how can it legally be considered a C&R? I checked the C&R list and it is listed. If I purchase the gun and have it sent to my FFL, is it legal and will I encounter any problems? Thank you in advance.

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              • #8
                Winchester-42
                CGN/CGSSA Contributor
                CGN Contributor
                • Oct 2017
                • 156

                I read the other comments and believe I have my answer. If I am lucky enough to get it, I'll send pics. Thank you all!

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                • #9
                  morrcarr67
                  I need a LIFE!!
                  • Jul 2010
                  • 14988

                  Originally posted by Winchester-42
                  Capybara, the gun in question is a S&W 39 - no dash which makes it an early model. I contacted S&W CS with the serial number and the best they could do was tell me it was manufactured between 1954-1970. From my research, I put the gun at about 1968-69. If there is no definitive proof of the date, how can it legally be considered a C&R? I checked the C&R list and it is listed. If I purchase the gun and have it sent to my FFL, is it legal and will I encounter any problems? Thank you in advance.
                  Since it's a "no dash" 39 it is listed in the "brown book" by name as a C&R firearm. You should have no problems getting it.

                  Originally posted by Brown Book

                  Smith & Wesson, Model 39, steel frame pistol, cal. 9mm Parabellum.
                  Smith & Wesson, Model 39-1 (52-A), pistol, cal. 9mm Parabellum.
                  Yes you can have 2 C&R 03 FFL's; 1 in California and 1 in a different state.

                  Originally posted by Erion929

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                  • #10
                    Capybara
                    CGSSA Coordinator
                    CGN Contributor
                    • Feb 2012
                    • 15189

                    Originally posted by Winchester-42
                    Capybara, the gun in question is a S&W 39 - no dash which makes it an early model. I contacted S&W CS with the serial number and the best they could do was tell me it was manufactured between 1954-1970. From my research, I put the gun at about 1968-69. If there is no definitive proof of the date, how can it legally be considered a C&R? I checked the C&R list and it is listed. If I purchase the gun and have it sent to my FFL, is it legal and will I encounter any problems? Thank you in advance.
                    I agree with the others, sounds like you are home free. Post pictures when you get it.
                    NRA Certified Metallic Cartridge Reloading Instructor, Shotgun Instructor and Range Safety Officer

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                    • #11
                      SVT-40
                      I need a LIFE!!
                      • Jan 2008
                      • 12894

                      I loved my M-39. I carried a nickel plated one as a duty gun for many years. Left it to go with a M-639... Carried that gun for quite awhile too.

                      Great pistols!
                      Poke'm with a stick!


                      Originally posted by fiddletown
                      What you believe and what is true in real life in the real world aren't necessarily the same thing. And what you believe doesn't change what is true in real life in the real world.

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                      • #12
                        sevendayweekend
                        Senior Member
                        • Mar 2012
                        • 1073

                        Do any of these above C&R laws change if the seller is a ca brick and mortar shop selling used guns?
                        Last edited by sevendayweekend; 04-11-2022, 8:48 PM.

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                        • #13
                          morrcarr67
                          I need a LIFE!!
                          • Jul 2010
                          • 14988

                          Originally posted by sevendayweekend
                          Do any of these above C&R laws change if the seller is a ca brick and mortar shop selling used guns?
                          Not sure what you mean.

                          C&R handguns are roster exempt and can be transferred to any one in CA.

                          Sent from my BE2026 using Tapatalk
                          Yes you can have 2 C&R 03 FFL's; 1 in California and 1 in a different state.

                          Originally posted by Erion929

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                          • #14
                            freonr22
                            I need a LIFE!!
                            • Dec 2008
                            • 12945

                            I had a model 39, with a BII frame, sn 0175, 2 tone was stolen. In 1994. Believe it was 1 of 50 for a PD build. Super bummer
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                            They don't believe it's possible, but then Alison didn't believe there'd be 350K - 400K OLLs in CA either.
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                            • #15
                              SkyHawk
                              I need a LIFE!!
                              • Sep 2012
                              • 23490

                              If it is listed in the ATF C&R list, it doesn't matter how old it is. It could be 5 years old.

                              There are guns on that list that are less than 50 years old. Being on the list makes it C&R, independent of age. Being on the C&R list is like the golden ticket, because sometimes age can be hard to prove.
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