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INTRODUCTION TO CURIOS OR RELICS
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NTRODUCTION

FEDERALLY LICENSED FIREARMS COLLECTORS

ATF is responsible for enforcing the provisions of the Gun Control Act
(GCA) and its subsequent amendments. A significant part of the GCA concerns
the licensing and recordkeeping requirements pertaining to the manufacture,
importation, distribution, and sale of firearms. A collector of curios
or relics may obtain a collector's license under the GCA (see 18 U.S.C.
Chapter 44 and the regulations issued thereunder in 27 CFR Part 178).
The privileges conferred by this license extend only to transactions involving
weapons classified as curio or relic firearms. In transactions involving
firearms not classified as curios or relics, the licensed collector has
the same status as a nonlicensee. A person need not be Federally licensed
to collect curios or relics. Generally, persons must be licensed in order
to lawfully receive curios or relics from outside their State of residence.

The principal advantage of a Collector's License, therefore, is that
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. The term "engaged in business" as applied
to a dealer in firearms refers, in part, to a person who devotes time,
attention, and labor to engaging in such activity as a regular course
of trade or business with the principal objective of livelihood and profit.
Therefore, any person intending to "engage in the business"
of selling firearms, including firearms defined by ATF as Curios or Relics,
must first obtain a dealers license. For example, if a collector acquires
curios or relics for the purpose of sale rather than to enhance a collection,
the collector would have to be licensed as a dealer in firearms under
the GCA. The sole intent and purpose of the collector's license is to
enable a firearms collector to obtain curio or relic firearms from outside
his or her State of residence.

In order to obtain a collector's license, applicants need to prepare
and submit ATF Form 7CR, Application for License (Collector of Curios
or Relics), with the appropriate fee, $ 30.00 for 3 years, and in accordance
with the instructions on the form. This form may be obtained from the
Firearms and Explosives Licensing Center in Atlanta, Georgia, (404) 679-5040;
your local ATF office; and is also downloadable from ATF's Internet site,
(www.atf.treas.gov).




WHAT ARE CURIOS OR RELICS?

As set out in the regulations (27 CFR 178.11), curios or relics include
firearms which are of special interest to collectors by reason of some
quality other than is associated with firearms intended for sporting use
or as offensive or defensive weapons. To be recognized as curios or relics,
firearms must fall within one of the following categories:


1.) Firearms which were manufactured at least 50 years prior to the
current date, but not including replicas thereof;

2.) Firearms which are certified by the curator of a municipal, State,
or Federal museum which exhibits firearms to be curios or relics of
museum interest; and

3.) Any other firearms which derive a substantial part of their monetary
value from the fact that they are novel, rare, bizarre, or because of
their association with some historical figure, period, or event. Proof
of qualification of a particular firearm under this category may be
established by evidence of present value and evidence that like firearms
are not available except as collector's items, or that the value of
like firearms available in ordinary commercial channels is substantially
less.





SELECTED REGULATIONS (27 C.F.R.) APPLICABLE TO LICENSED COLLECTORS

178.11 Meaning of terms. Collector: Any person who acquires,
holds, or disposes of firearms as curios or relics.Collection premises:
The premises described on the license of a collector as the location at
which he maintains his collection of curios and relics. Licensed collector:
A collector of curios and relics only and licensed under the provisions
of this part. Person: Any individual, corporation, company, association,
firm, partnership, society or joint stock company.

178.23 Right of entry and examination. (a) Except as provided
in paragraph (b), any ATF officer, when there is reasonable cause to believe
a violation of the Act has occurred and that evidence of the violation
may be found on the premises of any licensed manufacturer, licensed importer,
licensed dealer, or licensed collector, may, upon demonstrating such cause
before a Federal magistrate and obtaining from the magistrate a warrant
authorizing entry, enter during business hours (or, in the case of a licensed
collector, the hours of operation) the premises, including places of storage,
of any such licensee for the purpose of inspecting or examining:


1.) Any records or documents required to be kept by such licensee under
this part and


2.) Any inventory of firearms or ammunition kept or stored by any licensed
manufacturer, licensed importer, or licensed dealer at such premises
or any firearms curios or relics or ammunition kept or stored by any
licensed collector at such premises.


(c) Any ATF officer, without having reasonable cause to believe a violation
of the Act has occurred or that evidence of the violation may be found
and without demonstrating such cause before a Federal magistrate or obtaining
from the magistrate a warrant authorizing entry, may enter during hours
of operation the premises, including places of storage, of any licensed
collector for the purpose of inspecting or examining the records, documents,
firearms, and ammunition referred to in paragraph (a) of this section
(1) for ensuring compliance with the recordkeeping requirements of this
part not more than once during any 12-month period or (2) when such inspection
or examination may be required for determining the disposition of one
or more particular firearms in the course of a bona fide criminal investigation.
At the election of the licensed collector, the annual inspection permitted
by this paragraph shall be performed at the ATF office responsible for
conducting such inspection in the closest proximity to the collector's
premises.

(d) The inspections and examinations provided by this section do not
authorize an ATF officer to seize any records or documents other than
those records or documents constituting material evidence of a violation
of law. If an ATF officer seizes such records or documents, copies shall
be provided the licensee within a reasonable time.

178.25a Responses to requests for information. Each licensee
shall respond immediately to, and in no event later than 24 hours after
the receipt of, a request by an ATF officer at the National Tracing Center
for information contained in the records required to be kept by this part
for determining the disposition of one or more firearms in the course
of a bona fide criminal investigation. The requested information shall
be provided orally to the ATF officer within the 24-hour period. Verification
of the identity and employment of National Tracing Center personnel requesting
information may be established at the time the requested information is
provided by telephoning the toll-free number 1-800-788-7133 or using the
toll-free facsimile (FAX) number 1-800-578-7223.

178.29 Out-of-State acquisition of firearms by nonlicensees.
No person, other than a licensed importer, licensed manufacturer, licensed
dealer, or licensed collector, shall transport into or receive in the
State where the person resides (or if a corporation or other business
entity, where it maintains a place of business) any firearm purchased
or otherwise obtained by such person outside that State: Provided, That
the provisions of this section:



(a) Shall not preclude any person who lawfully acquires a firearm by
bequest or intestate succession in a State other than his State of residence
from transporting the firearm into or receiving it in that State, if
it is lawful for such person to purchase or possess such firearm in
that State,

(b) Shall not apply to the transportation or receipt of a rifle or shotgun
obtained from a licensed manufacturer, licensed importer, licensed dealer,
or licensed collector in a State other than the transferee's State of
residence in an over-the-counter transaction at the licensee's premises
obtained in conformity with the provisions of 178.96(c) and

(c) Shall not apply to the transportation or receipt of a firearm obtained
in conformity with the provisions of 178.30 and 178.97.


178.29a Acquisition of firearms by nonresidents. No person,
other than a licensed importer, licensed manufacturer, licensed dealer,
or licensed collector, who does not reside in any State shall receive
any firearms unless such receipt is for lawful sporting purposes.



178.31 Delivery by common or contract carrier. (a) No person
shall knowingly deliver or cause to be delivered to any common or contract
carrier for transportation or shipment in interstate or foreign commerce
to any person other than a licensed importer, licensed manufacturer, licensed
dealer, or licensed collector, any package or other container in which
there is any firearm or ammunition without written notice to the carrier
that such firearm or ammunition is being transported or shipped:

Provided, That any passenger who owns or legally possesses a firearm
or ammunition being transported aboard any common or contract carrier
for movement with the passenger in interstate or foreign commerce may
deliver said firearm or ammunition into the custody of the pilot, captain,
conductor or operator of such common or contract carrier for the duration
of that trip without violating any provision of this part.


(b) No common or contract carrier shall require or cause any label,
tag, or other written notice to be placed on the outside of any package,
luggage, or other container indicating that such package, luggage, or
other container contains a firearm.

(c) No common or contract carrier shall transport or deliver in interstate
or foreign commerce any firearm or ammunition with knowledge or reasonable
cause to believe that the shipment, transportation, or receipt thereof
would be in violation of any provision of this part:



Provided, however, That the provisions of this paragraph shall not
apply in respect to the transportation of firearms or ammunition in
in-bond shipment under Customs laws and regulation.


(d) No common or contract carrier shall knowingly deliver in interstate
or foreign commerce any firearm without obtaining written acknowledgement
of receipt from the recipient of the package or other container in which
there is a firearm: Provided, That this paragraph shall not apply with
respect to the return of a firearm to a passenger who places firearms
in the carrier's custody for the duration of the trip.


178.39a Reporting theft or loss of firearms. Each licensee
shall report the theft or loss of a firearm from the licensee's inventory
(including any firearm which as been transferred from the licensee's inventory
to a personal collection and held as a personal firearm for at least 1
year), or from the collection of a licensed collector, within 48 hours
after the theft or loss is discovered. Licensees shall report thefts or
losses by telephoning 1-800-800-3855 (nationwide toll free number) and
by preparing ATF Form 3310.11, Federal Firearms Licensee Theft/Loss Report
, in accordance with the instructions on the form. The original of the
report shall be forwarded to the office specified thereon, and Copy 1
shall be retained by the licensee as part of the licensee's permanent
records. Theft or loss of any firearm shall also be reported to the appropriate
local authorities.

178.41 General.



(c) Each person seeking the privileges of a collector licensed under
this part shall file an application, with the required fee (see
178.42), with ATF in accordance with the instructions on the form (see
178.44), and pursuant to 178.47, receive from the Chief,
National Licensing Center, the license covering the collection of curios
and relics. A separate license may be obtained for each collection premises,
and such license shall, subject to the provisions of the Act and other
applicable provisions of law, entitle the licensee to transport, ship,
receive, and acquire curios and relics in interstate or foreign commerce,
and to make disposition of curios and relics in interstate or foreign
commerce, to any other person licensed under provisions of this part,
for the period stated on the license.

(d) The collector license provided by this part shall apply only to
transactions related to a collector's activity in acquiring, holding
or disposing of curios and relics. A collector's license does not authorize
the collector to engage in a business required to be licensed under
the Act or this part. Therefore, if the acquisitions and dispositions
of curios and relics by a collector bring the collector within the definition
of a manufacturer, importer, or dealer under this part, he shall qualify
as such.


178.44 Original license.


(b) Any person who desires to obtain a license as a collector under
the Act and this part, or who has not timely submitted an application
for renewal of the previous license issued under this part, shall file
an application, ATF Form 7CR (Curios and Relics), with ATF in accordance
with the instructions on the form. The application must be executed
under the penalties of perjury and the penalties imposed by 18 U.S.C.
924. The application shall be accompanied by a completed ATF Form 5300.37
and ATF Form 5300.36 and shall include the appropriate fee in the form
of a money order or check made payable to the Bureau of Alcohol, Tobacco
and Firearms. ATF Forms 7CR (Curios and Relics), ATF Forms 5300.37,
and ATF Forms 5300.36 may be obtained by contacting any ATF office.



178.47 Issuance of license. (a) Upon receipt of a properly
executed application for a license on ATF F 7, ATF Form 7CR, or ATF Form
8 Part II, the Chief, National Licensing Center, shall, upon finding through
further inquiry or investigation, or otherwise, that the applicant is
qualified, issue the appropriate license. Each license shall bear a serial
number and such number may be assigned to the licensee to whom issued
for so long as the licensee maintains continuity of renewal in the same
location (State).


(b) The Chief, National Licensing Center, shall approve a properly
executed application for license on ATF Form 7, ATF Form 7CR, or ATF
Form 8 Part II, if:


(1) The applicant is 21 years of age or over;

(2) The applicant (including, in the case of a corporation, partnership,
or association, any individual possessing, directly or indirectly,
the power to direct or cause the direction of the management and policies
of the corporation, partnership, or association) is not prohibited
under the provisions of the Act from shipping or transporting in interstate
or foreign commerce, or possessing in or affecting commerce, any firearm
or ammunition, or from receiving any firearm or ammunition which as
been shipped or transported in interstate or foreign commerce;


(3) The applicant has not willfully violated any of the provisions
of the Act or this part;

(4) The applicant has not willfully failed to disclose any material
information required, or has not made any false statements as to any
material fact, in connection with his application;

(5) The applicant has in a state


i.) premises from which he conducts business subject to license
under the Act or from which he intends to conduct such business
within a reasonable period of time, or in the case of a collector,
premises from which he conducts his collecting subject to license
under the Act or from which he intends to conduct such collecting
within a reasonable period of time; and


(6) The applicant has filed an ATF Form 5300.37 (Certification of
Compliance with State and Local Law) with ATF in accordance with the
instructions on the form certifying under penalties of perjury that
-



i.) The business to be conducted under the license is not prohibited
by state or local law in the place where the licensed premises are
located;

ii.) Within 30 days after the application is approved the business
will comply with the requirements of State and local law applicable
to the conduct of business;

iii.) The business will not be conducted under the license until
the requirements of state and local law applicable to the business
have been met; and

iv.) The applicant has completed and sent or delivered ATF F 5300.36
(Notification of Intent to Apply for a Federal Firearms License)
to the chief law enforcement officer of the locality in which the
premises are located, which indicates that the applicant intends
to apply for a Federal firearms license. For purposes of this paragraph,
the "chief law enforcement officer" is the chief of police,
the sheriff, or an equivalent officer.




(c) The Chief, National Licensing Center, shall approve or the Director
of Industry Operations shall deny an application for license within
the 60-day period beginning on the date the properly executed application
was received: Provided, That when an applicant for license renewal is
a person who is, pursuant to the provisions of 178.78,
178.143, or 178.144, conducting business or collecting activity
under a previously issued license, action regarding the application
will be held in abeyance pending the completion of the proceedings against
applicant's existing license or license application, final determination
of the applicant's criminal case, or final action by the Director on
an application for relief submitted pursuant to 178.144, as the
case may be.

(d) When the Director of Industry Operations or the Chief, National
Licensing Center fails to act on an application for license within the
60-day period prescribed by paragraph (c) of this section, the applicant
may file an action under section 1361 of title 28, United States Code,
to compel ATF to act upon the application.


178.49 Duration of license. The license entitles the person
to whom issued to engage in the business or activity specified on the
license, within the limitations of the Act and the regulations contained
in this part, for a three year period, unless terminated sooner.

178.50 Locations covered by license. The license covers
the class of business or the activity specified in the license at the
address specified therein. A separate license must be obtained for each
location at which a firearms or ammunition business or activity requiring
a license under this part is conducted except:



(a) No license is required to cover a separate warehouse used by the
licensee solely for storage of firearms or ammunition if the records
required by this part are maintained at the licensed premises served
by such warehouse;

(b) A licensed collector may acquire curios and relics at any location,
and dispose of curios or relics to any licensee or to other persons
who are residents of the State where the collector's license is held
and the disposition is made.

(c) A licensee may conduct business at a gun show pursuant to the provision
of 178.100; or

(d) A licensed importer, manufacturer, or dealer may engage in the
business of dealing in curio or relic firearms with another licensee
at any location pursuant to the provision of 178.100.


178.58 State or other law. A license issued under this
part confers no right or privilege to conduct business or activity contrary
to State or other law. The holder of such a license is not by reason of
the rights and privileges granted by that license immune from punishment
for operating a firearm or ammunition business or activity in violation
of the provisions of any state or other law. Similarly, compliance with
the provisions of any state or other law affords no immunity under Federal
law or regulations.


178.91 Posting of License. Any license issued under this
part shall be kept posted and kept available for inspection on the premises
covered by the license.

178.94 Sales or deliveries between licensees. A licensed
importer, licensed manufacturer, or licensed dealer selling or otherwise
disposing of firearms, and a licensed collector selling or otherwise disposing
of curios or relics, to another licensee shall verify the identity and
licensed status of the transferee prior to making the transaction. Verification
shall be established by the transferee furnishing to the transferor a
certified copy of the transferee's license and by such other means as
the transferor deems necessary: Provided, That it shall not be required
(a) for a transferee who has furnished a certified copy of its license
to a transferor to again furnish such certified copy to that transferor
during the term of the transferee's current license (b) for a licensee
to furnish a certified copy of its license to another licensee if a firearm
is being returned either directly or through another licensee to such
licensee and (c) for licensees of multilicensed business organizations
to furnish certified copies of their licenses to other licensed locations
operated by such organization: Provided further, That a multilicensed
business organization may furnish to a transferor, in lieu of a certified
copy of each license, a list, certified to be true, correct and complete,
containing the name, address, license number, and the date of license
expiration of each licensed location operated by such organization, and
the transferor may sell or otherwise dispose of firearms as provided by
this section to any licensee appearing on such list without requiring
a certified copy of a license therefrom. A transferor licensee who has
the certified information required by this section may sell or dispose
of firearms to a licensee for not more than 45 days following the expiration
date of the transferee's license.

178.96 Out-of-State and mail order sales. (c)(1) A licensed
importer, licensed manufacturer, or licensed dealer may sell or deliver
a rifle or shotgun, and a licensed collector may sell or deliver a rifle
or shotgun that is a curio or relic to a nonlicensed resident of a State
other than the State in which the licensee's place of business is located
if -


i.) The purchaser meets with the licensee in person at the licensee's
premises to accomplish the transfer, sale, and delivery of the rifle
or shotgun;


ii) The licensed importer, licensed manufacturer, or licensed dealer
complies with the provisions of 178.102;

iii) The purchaser furnishes to the licensed importer, licensed manufacturer,
or licensed dealer the firearms transaction record, Form 4473, required
by 178.124; and

iv) The sale, delivery, and receipt of the rifle or shotgun fully comply
with the legal conditions of sale in both such Sates.


178.99 Certain prohibited sales or deliveries.

(a) Interstate sales or deliveries. A licensed importer, licensed manufacturer,
licensed dealer, or a licensed collector shall not sell or deliver any
firearm to any person not licensed under this part and who the licensee
knows or has reasonable cause to believe does not reside in (or if a corporation
or other business entity, does not maintain a place of business in) the
State in which the licensee's place of business or activity is located.
Provided, That the foregoing provisions of this paragraph (1) shall not
apply to the sale or delivery of a rifle or shotgun (curio or relic, in
the case of a licensed collector) to a resident of a State other than
the State in which the licensee's place of business or collection premises
is located if the requirements of 178.96(c) are fully met, and
(2) shall not apply to the loan or rental of a firearm to any person for
temporary use for lawful sporting purposes. (see 178.97)


(b) Sales or deliveries to underage persons. A licensed importer, licensed
manufacturer, licensed dealer, or licensed collector shall not sell or
deliver (1) any firearm or ammunition to any individual who the importer,
manufacturer, dealer, or collector knows or has reasonable cause to believe
is less than 18 years of age, and, if the firearm, or ammunition, is other
than a shotgun or rifle, or ammunition for a shotgun or rifle, to any
individual who the importer, manufacturer, dealer, or collector knows
or has reasonable cause to believe is less than 21 years of age, or (2)
any firearm to any person in any State where the purchase or possession
by such person of such firearm would be in violation of any State law
or any published ordinance applicable at the place of sale, delivery,
or other disposition, unless the importer, manufacturer, dealer, or collector
knows or has reasonable cause to believe that the purchase or possession
would not be in violation of such State law or such published ordinance.

(c) Sales or deliveries to prohibited categories of persons. A licensed
manufacturer, licensed importer, licensed dealer, or licensed collector
shall not sell or otherwise dispose of any firearm or ammunition to any
person knowing or having reasonable cause to believe that such person:


(1) Is, except as provided by 178.143, under indictment for,
or, except as provided by 178.144, has been convicted in any
court of a crime punishable by imprisonment for a term exceeding 1 year;


(2) Is a fugitive from justice;

(3) Is an unlawful user of or addicted to any controlled substance (as
defined in section 102 of the Controlled Substance Act, 21 U. S. C.
802);

(4) Has been a adjudicated as a mental defective or has been committed
to any mental institution;


(5) Is an alien illegally or unlawfully in the United States;

(6) Has been discharged from the Armed Forces under dishonorable conditions;


(7) Who, having been a citizen of the United States, has renounced citizenship;


(8) Is subject to a court order that restrains such person from harassing,
stalking, or threatening an intimate partner of such person or child
of such intimate partner or person, or engaging in other conduct that
would place an intimate partner in reasonable fear of bodily injury
to the partner or child, except that this paragraph shall only apply
to a court order that


(i) Was issued after a hearing of which such person received actual
notice, and at which such person had the opportunity to participate;
and

(ii) (A) Includes a finding that such person represents a credible
threat to the physical safety of such intimate partner or child; or



(B) By its terms explicitly prohibits the use, attempted use, or threatened
use of physical force against such intimate partner or child that
would reasonably be expected to cause bodily injury, or


(9) Has been convicted of a misdemeanor crime of domestic violence.


178.103 Posting of signs and written notification to purchasers
of handguns. (a) Each licensed importer, manufacturer, dealer, or
collector who delivers a handgun to a nonlicensee shall provide such nonlicensee
with written notification as described in paragraph (b) of this section.

(b) The written notification (ATF I 5300.2) required by paragraph (a)
of this section shall state as follows:



1.) The misuse of handguns is a leading contributor to juvenile violence
and fatalities.

2.) Safely storing and securing firearms away from children will help
prevent the unlawful possession of handguns by juveniles, stop accidents,
and save lives.

3.) Federal law prohibits, except in certain limited circumstances,
anyone under 18 years of age from knowingly possessing a handgun, or
any person from transferring a handgun to a person under 18.

4.) A knowing violation of the prohibition against selling, delivering,
or otherwise transferring a handgun to a person under the age of 18
is, under certain circumstances, punishable by up to 10 years in prison.


178.125 Record of receipt and disposition (f) Firearms
receipt and disposition by licensed collectors. Each licensed collector
shall enter into a record each receipt and disposition of firearms curios
or relics. The record required by this paragraph shall be maintained in
bound form under the format prescribed below. The purchase or other acquisition
of a curio or relic shall, except as provided in [ 27 C.F.R 178.125]
(g) of this section, be recorded not later than the close of the next
business day following the date of such purchase or other acquisition.
The record shall show the date of receipt, the name and address or the
name and license number of the person from whom received, the name of
the manufacturer and importer (if any), the model, serial number, type,
and the caliber or gauge of the firearm curio or relic. The sale or other
disposition of a curio or relic shall be recorded by the licensed collector
not later than 7 days following the date of such transaction. When such
disposition is made to a licensee, the commercial record of the transaction
shall be retained, until the transaction is recorded, separate from other
commercial documents maintained by the licensee, and be readily available
for inspection. The record shall show the date of the sale or other disposition
of each firearm curio or relic, the name and address of the person to
whom the firearm curio or relic is transferred, or the name and license
number of the person to whom transferred if such person is a licensee,
and the date of birth of the transferee if other than a licensee. In addition,
the licensee shall:



1.) Cause the transferee, if other than a licensee, to be identified
in any manner customarily used in commercial transactions (e.g., a driver's
license), and note on the record the method used, and

2.) In the case of a transferee who is an alien legally in the United
States and who is other than a licensee -


(i) Verify the identity of the transferee by examining an identification
document (as defined in 178.11), and

(ii) Cause the transferee to present documentation establishing that
the transferee is a resident of the State (as defined in 178.11)
in which the licensee's business premises is located if the firearm
curio or relic is other than a shotgun or rifle, and note on the record
the documentation used or is a resident of any State and has resided
in such State continuously for at least 90 days prior to the transfer
of the firearm if the firearm curio or relic is a shotgun or rifle
and shall note on the record the documentation used. Examples of acceptable
documentation include utility bills or a lease agreement which show
that the transferee has resided in the State continuously for at least
90 days prior to the transfer of the firearm curio or relic.


3.) The format required for the record of receipt and disposition of
firearms by collectors is as follows:



Firearms Collectors Acquisition and Disposition Record


178.126a Reporting multiple sales or other disposition of pistols
and revolvers. Each licensee shall prepare a report of multiple sales
or other disposition whenever the licensee sells or otherwise disposes
of, at one time or during any five consecutive business days, two or more
pistols, or revolvers, or any combination of pistols and revolvers totaling
two or more, to an unlicensed person: Provided, That a report need not
be made where pistols or revolvers, or any combination thereof, are returned
to the same person from whom they were received. The report shall be prepared
on Form 3310.4, Report of Multiple Sale or Other Disposition of Pistols
and Revolvers . Not later than the close of business on the day that the
multiple sale or other disposition occurs, the licensee shall forward
two copies of Form 3310.4 to the ATF office specified thereon and one
copy to the State police or to the local law enforcement agency in which
the sale or other disposition took place. Where the State or local law
enforcement officials have notified the licensee that a particular official
has been designated to receive Forms 3310.4, the licensee shall forward
such forms to that designated official. The licensee shall retain one
copy of Form 3310.4 and attach it to the firearms transaction record,
Form 4473, executed upon delivery of the pistols or revolvers.

178.129 Record Retention (e) Records of dealers and collectors
under the Act. The records prepared by licensed dealers and licensed
collectors under the Act of the sale or other disposition of firearms
and the corresponding record of receipt of such firearms shall be retained
through December 15, 1988, after which records of transactions over 20
years of age may be discarded.


178.147 Return of firearm. A person not otherwise prohibited
by Federal, State or local law may ship a firearm to a licensed importer,
licensed manufacturer, or licensed dealer for any lawful purpose, and,
notwithstanding any other provision of this part, the licensed manufacturer,
licensed importer, or licensed dealer may return in interstate or foreign
commerce to that person the firearm or a replacement firearm of the same
kind and type. See 178.124(a) for requirements of a Form 4473 prior
to return. A person not otherwise prohibited by Federal, State or local
law may ship a firearm curio or relic to a licensed collector for any
lawful purpose, and, notwithstanding any other provision of this part,
the licensed collector may return in interstate or foreign commerce to
the person the firearm curio or relic.



Curios or Relics and Collector's Items: Definitions and Determination

27 CFR 178.26 Curio and relic determination. Any person
who desires to obtain a determination whether a particular firearm is
a curio or relic shall submit a written request, in duplicate, for a ruling
thereon to the Director. Each such request shall be executed under the
penalties of perjury and shall contain a complete and accurate description
of the firearm, and such photographs, diagrams, or drawings as may be
necessary to enable the Director to make a determination. The Director
may require the submission of the firearm for examination and evaluation.
If the submission of the firearm is impractical, the person requesting
the determination shall so advise the Director and designate the place
where the firearm will be available for examination and evaluation.

27 CFR 179.25 Collector's items. The Director shall determine
in accordance with 26 U.S.C. 5845(a), whether a firearm or device, which
although originally designed as a weapon, is by reason of the date of
its manufacture, value, design, and other characteristics primarily a
collector's item and is not likely to be used as a weapon. A person who
desires to obtain a determination under that provision of law shall follow
the procedures prescribed in 27 CFR 179.24 relating to destructive
device determinations, and shall include information as to date of manufacture,
value, design and other characteristics which would sustain a finding
that the firearm or device is primarily a collector's item and is not
likely to be used as a weapon.


27 CFR 179.24 Destructive device determination. The Director
shall determine in accordance with 26 U.S.C. 5845(f), whether a device
is excluded from the definition of a destructive device. A person who
desires to obtain a determination under that provision of law for any
device which he believes is not likely to be used as a weapon shall submit
a written request, in triplicate, for a ruling thereon to the Director.
Each such request shall be executed under the penalties of perjury and
contain a complete and accurate description of the device, the name and
address of the manufacturer or importer thereof, the purpose of and use
for which it is intended, and such photographs, diagrams, or drawings
as may be necessary to enable the Director
to make his determination. The Director may require the submission to
him, of a sample of such device for examination and evaluation. If the
submission of such device is impracticable, the person requesting the
ruling shall so advise the Director and designate the place where the
device will be available for examination and evaluation.

Collectors Wanting a Determination

Collectors desiring to obtain a determination as to whether a particular
firearm qualifies for classification as a curio or relic in accordance
with 27 CFR 178.11 and 178.26 or a collector's item in accordance with
179.25 and 179.24 should submit a written request for a
ruling. The letter should include:


1.) A complete physical description of the item;


2.) Reasons the collector believes the item merits the classification;
and

3.) Data concerning the history of the item, including production figures,
if available, and market value.


As stated in the regulations, submission of the firearm may be required
prior to a determination being made. Please submit your request to:

Bureau of Alcohol, Tobacco and Firearms

Firearms Technology Branch, Room 6450


650 Massachusetts Avenue, N.W.

Washington, DC 20226

(202) 927-7910

Importation Restrictions

Licensed collectors may lawfully import curio or relic firearms other
than surplus military firearms, nonsporting firearms, and NFA weapons.
[A surplus military firearm is defined as one that belonged to a regular
or irregular military force at any time. Alteration of the firearm does
not change its status. Therefore, a sporting firearm with a surplus military
frame or receiver is a surplus military firearm, because a frame or receiver
is classified as a firearm as described in 18 U.S.C. 921(a)(3).]
Surplus military firearms are generally prohibited from importation under
18 U.S.C. 925(d)(3). However, 18 U.S.C. 925(e) authorizes
licensed importers (FFL type 08 or 11) to import surplus military rifles,
shotguns, and handguns classified as curios or relics; provided that such
handguns are generally recognized as particularly suitable for or readily
adaptable to sporting purposes. Nonsporting handguns are those pistols
and revolvers that do not meet size and safety prerequisites, or which
do not accrue a qualifying score on ATF Form 4590, "Factoring Criteria
for Weapons." Surplus military firearms classified as curios or relics
must be in their original military configuration to qualify for importation.

NFA weapons are those "firearms" defined in 5845(a)
of the National Firearms Act (26 U.S.C. Chapter 53). These include machineguns,
silencers, shotguns having a barrel less than 18 inches in length, rifles
having a barrel less than 16 inches in length, smooth bore handguns, disguised
weapons, certain firearms having a bore greater than one-half inch in
diameter, destructive devices (e.g., bombs, grenades, and mines), and
certain other firearms. A licensed collector may not import NFA firearms.


Firearms may only be imported pursuant to a Form 6 issued by ATF. Collectors
having questions concerning the importability of specific curio or relic
firearms should contact:

Bureau of Alcohol, Tobacco and Firearms

Firearms and Explosives Imports Branch, Room 5303

650 Massachusetts Avenue, N.W.

Washington, DC 20226

(202) 927-8320


The Firearms Curios or Relics List

This list is composed of four major sections:

SECTION I - Ammunition Classified as Curios or Relics: Ammunition
is no longer classified as "curios or relics" since the Congress
in 1986 removed the interstate controls over ammunition under the GCA.
We have continued the listing of 1972-1986 ammunition determinations as
a service to those who rely on this list as a means of evaluation.

SECTION II - Firearms Classified as Curios or Relics Under 18 U.S.C.
Chapter 44: Licensed collectors may acquire, hold, or dispose of these
firearms as curios or relics. However, they are still "firearms"
as defined in 18 U.S.C. 921(a)(3) and are, therefore, subject to all Chapter
44 controls. Generally, this category includes commemorative firearms,
pistols, revolvers, rifles, and shotguns.

SECTION III - Weapons Removed From the National Firearms Act as Collectors'
Items and Classified as "Curios or Relics" Under 18 U.S.C. Chapter
44: Weapons in this section are excluded entirely from the provisions
of the National Firearms Act (NFA), 26 U.S.C. Chapter 53. Thus, approval
from ATF to transfer these weapons is not required. They need not be registered
in the National Firearms Registration and Transfer Record, and there is
no transfer tax liability. However, these weapons are still "firearms"
under Chapter 44, and remain subject to regulation under Part 178. Licensed
collectors may receive these weapons in both intrastate and interstate
commerce, and may transfer them intrastate, to both licensees and nonlicensees,
and interstate, to licensed collectors and other licensees. While transfer
may be made interstate to another licensee, they cannot be shipped interstate
to a nonlicensee.


NOTE: Certain antique firearms are discussed and listed in
Section IIIA.

SECTION IV - National Firearms Act Weapons Classified as "Curios
or Relics" Under 18 U.S.C. Chapter 44: These weapons (e.g., machineguns)
are firearms within the scope of the National Firearms Act (NFA), 26 U.S.C.
Chapter 53, and are subject to all the NFA Act's provisions. Accordingly,
these weapons cannot be lawfully transferred or received unless they are
registered in the National Firearms Registration and Transfer Record at
Bureau Headquarters. Once the registration requirements have been met,
transfer may be made either intrastate or interstate to licensed collectors
on ATF Form 4, "Application For Tax Paid Transfer and Registration
of a Firearm." In each instance, the appropriate transfer tax must
be paid, and ATF must first approve the transfer application. The application
to transfer must be accompanied by an individual transferee's fingerprints
and photograph as prescribed on the form. The form also contains a law
enforcement official's certification, which must be completed.

Unserviceable weapons are still subject to the provisions of the National
Firearms Act, except that they may be transferred free of transfer tax
on ATF Form 5, "Application For Tax Exempt Transfer and Registration
of a Firearm."