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Welcome
to the G/K43 Forums’ August 2008 newsletter. The focus of this
month’s Newsletter will be a summary on how to obtain your Curio
& Relic License for Newbies and how to maintain records, hereby
referred to as C&R license or C&R.
Foreword:
The Federal Government and the ATF does not issues firearms permits
nor any license or permit to carry a firearm. Please refer to your
local licensing authority for a firearms permit. A C&R is NOT a
Federal Firearms license to deal arms, it is a collectors license.
The information below is a guide. For any legal reference please read
the laws in full at the AFT
website - C&R section.
What
is a Curio & Relic?
Firearms
automatically attain C&R status when they are 50 years old or
more. Any firearm that is at least 50 years old, and in its original
configuration, meaning for example, if it was not previously a fully
automatic arm & converted to a semi-automatic, it would likely
qualify as a C&R firearm.
What
is a Curio & Relic License?
It
is a Collector's License, therefore a collector can acquire curios
or relics in interstate commerce. Although a licensed collector may
acquire and dispose of curios or relics at any location, dispositions
to nonlicensees must generally be made to residents of the same State
in which the collector is licensed. Further, A LICENSED COLLECTOR IS
NOT AUTHORIZED TO ENGAGE IN BUSINESS AS A DEALER IN ANY FIREARMS,
INCLUDING CURIOS OR RELICS. A FEDERAL FIREARMS DEALER'S LICENSE IS
REQUIRED FOR THIS ACTIVITY.
Please
click here to view my license (personal information blacked out)
Who
can I sell my WWII Rifle to?
The
short answer is, anyone with a valid firearm permit or a C&R license.
Bound
Book
You
are REQUIRED to keep a bound book of all your C&R purchases and
sales. The BATF can at their sole discretion, come to your residence
anytime and request to see your bound book. It is necessary that you
keep this record(s) and accurately document all of your transactions.
See
my example
of a proper bound book page.
If
you need a sufficient record page you can use/print this one I made
in a WORD
DOCUMENT or a PDF
FILE.
What
are the minimum qualification to obtain a C&R License
-
21
years or more of age
- You
are not a convicted felon
- You
have not willfully violated the Gun Control Act (GCA) or its regulations
- You
have to be a US citizen or permanent resident or have special dispensation
- You
cannot be prohibited from shipping, transporting, receiving or
possessing firearms or ammunition
- You
have not willfully failed to disclose material information or
willfully made false statements concerning material facts in
connection with your application
What
if
I cannot qualify for a C&R?
Under
the provisions of the Gun Control Act of 1968 (GCA), convicted
felons and certain other persons are prohibited from possessing or
receiving firearms. The GCA provides the Attorney General with the
authority to grant relief from this disability where the Attorney
General determines that the person is not likely to act in a manner
dangerous to the public safety and granting relief would not be
contrary to the public interest. The Attorney General delegated this
authority to ATF.
Since
October 1992, however, ATF's annual appropriation has prohibited the
expending of any funds to investigate or act upon applications for
relief from Federal firearms disabilities submitted by individuals.
As long as this provision is included in current ATF appropriations,
the Bureau cannot act upon applications for relief from Federal
firearms disabilities submitted by individuals. [18 U.S.C. 922(g),
922(n) and 925(c)]
Are
there any alternatives for relief from firearms disabilities?
A
person is not considered convicted for Gun Control Act purposes if
he has been pardoned, had his civil rights restored, or the
conviction was expunged or set aside, unless the pardon, expungement,
or restoration expressly provides the person may not ship, transport,
possess, or receive firearms.
Persons
convicted of a Federal offense may apply for a Presidential pardon.
28 CFR 1.1-1.10 specify the rules governing petitions for obtaining
Presidential pardons. You may contact the Pardon Attorney's Office at
the U.S. Department of Justice, 500 First Street, N.W., Washington,
DC 20530, to inquire about the procedures for obtaining a
Presidential pardon. Persons convicted of a State offense may contact
the State Attorney General's Office within the State in which they
reside and the State of their conviction for information concerning
any alternatives that may be available, such as pardons and civil
rights restoration. [18 U.S.C. 921(a)(20) and (a)(33)]
Past
Newsletter Archive (will open in a new window)
05/01/08
Newsletter - 06/01/08
Newsletter - 07/01/08
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