转载 C&R license 详尽Q&A

chinesegogo · 发表于 2014-3-17 08:00

从MDshooters转的，比较详尽的。

Curio and Relic FAQ.

First of all I am not a laywer! This is only an informative FAQ. Please do your own research and verify this information!

Due to popular demand and thanks to Novus's nomination, I am hereby starting a Curio and Relic FAQ. These are common questions asked by members about a new found freedom in the Curio and Relic field. If you have any questions or answers to input, just add them here and I will add them to the original posting.

What is the difference between being a "Maryland Designated Collector" and having a "Curio and Relic License?"
The Maryland Designated Collector" status is a MARYLAND status that allows a person to purchase more than one "regulated firearm" (Handguns or "Assault Rifles") in a month within the state of Maryland. You can ask a local dealer for the form. It needs to be certified and mailed to the Maryland State Police. You should receive the status in about a month.

A C&R License is a FEDERAL Firearms License that specifically allows the purchase of C&R type firearms in interstate commerce.

These two are very different and make sure that you apply and get the forms for the one you want.

What is a C&R License?
A Curio and Relic License (or an 03 FFL, or C&R License) is a Federal Firearms License that was designed under the Gun Control act of 1968 to allow collectors of C&R type firearms to purchase/acquire or sell/dispose of C&R type guns in interstate commerce. There is no NICS check and the firearms can be delivered directly to your door. It is even possible for a C&R licensee to obtain a C&R eligible firearm from outside of the USA but I have not heard of anyone successfully doing it.

What is Interstate Commerce?
Interstate Commerce is the sale or purchase of an item (specifically a firearm in this situation) in a state other than your home state. Say you live in Maryland, you can purchase or sell a C&R type firearm within any state of the union (as long as state laws allow). This requires no FFL because you are one.

Why should I get a C&R License?
It allows you to get really awesome historic weapons (classified as C&R) usually at discounted prices shipped right to your door with no NCIS check. You also get dealer discounts on non-C&R items from Midway and Brownells. You can even purchase C&R handguns from the Internet and out of State without any MD regulation. This is according to the MD Attorney General Letter. http://www.mdshooters.com/attachment...7&d=1203650575

How much does it cost?
The license is a non-refundable $30 cost for a 3 year license. If you pay with a credit card, you will see the subtraction from your account but this doesn't mean your approved yet. It just means they received your application and are processing it.

How do I order C&R applications?
Order forms here:
http://www.atf.gov/forms/dcof/
You want the forms titled:
F 7CR (5310.16) - Application for License (Collector of Curios and Relics) Under 18 U.S.C. Chapter 44, Firearms

What's the C&R/BATFE application process?
First you must order the form titled: F 7CR (5310.16) - Application for License (Collector of Curios and Relics) Under 18 U.S.C. Chapter 44, Firearms. Once you receive the forms and have filled them out, mail one copy to the ATF with a payment of $30 and one copy to your LOCAL Chief Law Enforcement Officer. You should receive your license in about a month. You will also receive a separate welcome packet. Don't be worried if you receive one before the other. The other is on its way. Buy or make a bound book and read all the laws and information pertaining to your new C&R license. After your a know it all, buy a gun with your new license. If you have questions, don't hesitate to ask. There are plenty of people here to help you out, including yours truly!

Who is my CLEO and how do I to find out?
According to an email that I received directly from the ATF, they said the Chief Law Enforcement Officer in your area is the one in your most local police precinct. In other words. It is not usually the state police. It is the CLEO in you local district like the county or city police. The easiest way to find your CLEO is to call the local police departments non emergency line and ask who the CLEO is for the department. Call and confirm with this person that they are in fact the CLEO and mail the forms to them.

Does my CLEO approve or deny my C&R application?
No, you are only notifying them of your collecting activities as required by law. They can not approve or deny your application. Only the ATF approves or denies applications. A CLEO may contact or be contacted by ATF to try and refuse your application.

Am I required to supply fingerprints or any other personal information when applying for a license?
No, you are not required to supply much more than what you supply on a normal Federal application to purchase a firearm.

Am I still required to follow all state and local laws and regulations even though I have a C&R License?Yes, you are required to follow all laws and a failure to do so may result in the loss of you license and/or worse (jail). There are exclusions from certain laws however being a C&R Licensee. A C&R License may allow you to do some things in your area that you were not allowed to do otherwise.

Will a C&R License benefit me if I only collect modern guns or only plan to own one firearm?
Yes! A C&R License can benefit everyone! Even if you only have one gun or only collect modern guns you still get dealer discounts from Brownells.com and Midway.com. Sometimes these discounts can be quite substantial and you should get your $30 back within three years if you purchase a good amount of accessories and other products from them.

Is it true that there are some machine guns that can be purchased as C&R?
Yes, there are plenty of machine guns on the list and the Thompson SMG is one of them. According to the ATF FAQ: [A person can acquire the firearms] Only if the firearms are classified as curios or relics, are registered, and are transferred in accordance with the provisions of the NFA.

How do I find out if a gun is on the C&R list?
http://www.atf.gov/publications/firearms/curios-relics/

Can I buy modern guns with my C&R License?
Yes and no. You CAN NOT use your license to obtain non-C&R firearms, however that doesn't mean you can not buy a modern gun without it. You are still allowed to purchase modern guns, you just can not use your license to do it.

Can I sell any of my C&R guns once I have a C&R license?
Yes but you have to be very careful that you are not "Conducting Business" in the eyes of the ATF. You are allowed to buy and sell C&R type firearms to enhance your personal collection.

What is "conducting business?"
A person who conducts business is a "person or entity who devotes time, attention, and labor to dealing in firearms as a regular course of trade or business with the principal objective of livelihood and profit through the repetitive purchase and resale of firearms." Technically speaking, it is a grey area and open to interpretation. There have been no questions posed to the ATF and prices are not a part of your bound book. The only thing the ATF has to see is your bound book. If they see lots of transfers in and out of your bound book within a short period of time I assume that they will think your are conducting a business unless you can prove otherwise. I would stay away from this and just buy the firearms to enhance your collection and not buy them for a friend to get them a deal. Buying and selling parts or accessories from distributors and selling them to your friends can also be a very grey area. I think this has been determined to be illegal but I can't prove it.

Are licensed collectors required to execute ATF Form 4473 for transactions in curio or relic firearms?
According to the ATF FAQ: No. However, licensed collectors are required to keep a "bound book" record.

Can I sell my C&R guns to a non-collector?
Yes, and all state and local laws must be followed. You can only sell a C&R firearm to a non licensee in your home state. You can sell them to FFL's in any state where it is legal to do so. This includes other C&R holders.

Are C&R holders required to comply with the requirements that written notification be given to handgun transferees and signs be posted on juvenile handgun possession?
According to the ATF FAQ: The requirement that written notification concerning juvenile handgun possession be given by licensees to a non-licensee to whom a handgun is delivered applies to curio or relic handguns transferred by licensed collectors. However, the sign posting requirement does not apply to licensed collectors.

Are C&R holders transfers of C&R firearms subject to the Brady law, including the provision for making background checks on transferees?
According to the ATF FAQ: No, but it is unlawful to transfer a firearm to any person knowing or having reasonable cause to believe that such person is a felon or is within any other category of person prohibited from receiving or possessing firearms.

When and how am I required to report lost or stole firearms?
According to an ATF letter: Report the theft or loss of a firearm, within 48 hours of discovery, by telephoning ATF at 1-800-800-3855. Also, ATF Form 3310.11, Federal Firearms Theft/Loss Report, must be prepared in accordance with the instructions on the form.

Do I need to do anything extra if I sell multiple sales of C&R handguns with a C&R license?
According to an ATF letter: Prepare ATF Form 2210.4, Report of Multiple Sale or Other Disposition of Pistols and Revolvers, whenever the collector sells or otherwise disposes of, at one time or during and five consecutive business days, two or more pistols or revolver or any combination thereof, to an unlicensed person.

What is a "bound book?"
According to the ATF FAQ: "A 'bound book' is a permanently bound book or an orderly arrangement of loose-leaf pages which must be maintained on the business premises. The format must follow that prescribed in the regulations, and the pages must be numbered consecutively.

What does a bound book look like?
http://www.cruffler.com/boundbook2.pdf

How long do I have before I am required to record an entry in my bound book?
According to the ATF FAQ: "Generally, licensees have to enter the acquisition or purchase of a firearm by the close of the next business day after the acquisition or purchase..."

Do I have to record every gun purchase in my bound book or just my C&R purchases?
You only have to record the C&R firearms that you purchase after obtaining you license. This means that if you purchase a non-C&R gun it does not have to be entered in you bound book. This also means that you must log in/out a firearm that was purchase after you got your license even if you do not use your license to purchase the firearm. Even still, you DO NOT have to log in a C&R firearm that was purchase prior to your license however if you sell the said firearm after obtaining you license you must log it in and out accordingly.

Is it true that the ATF can inspect my records?
Yes they can. They can do this up to once a year unless they have a warrant and then they can inspect you when they have it. The compliance inspection can be done at the ATF facility or at your home. It is your choice.

Are licensed collectors required to turn in their acquisition/disposition records to ATF if their collector’s license is not renewed or they discontinue their collecting activity?
According to the ATF FAQ: No. The GCA requires the delivery of required records to the Government within 30 days after a firearms “business” is discontinued. A license as a collector of curios or relics does not authorize any business with respect to firearms. Therefore, the records required to be kept by licensed collectors under the law and regulations are not business records and are not required to be turned in to ATF when collectors' licenses are not renewed or collecting activity under such licenses is discontinued.

What is a Curio and Relic firearm?

It must have been manufactured at least 50 years ago, or
Be certified as a curio and relic of museum interest by the curator of a municipal, State, or Federal museum that exhibits firearms, or
Derive a substantial part of its monetary value from the fact that it is novel, rare, bizarre, or associated with some historical event, period, or figure.

Can I buy a C&R firearm without a C&R license?
Yes you can but you will pay full dealer markup for them and for regulated firearms you must have them transferred to a MD dealer first.

Can I buy C&R handguns with my C&R license and have them delivered directly to my door in Maryland?
According to an MD Attorney General letter that has been widely circulated on the Internet, you can in fact buy handguns with your C&R License however it is not their "official" opinion. Many on this board have done it and I have not read anything that says it is illegal. http://www.mdshooters.com/attachment...7&d=1203650575

Is it true that I am required to record "Armor Piercing Ammunition" since I am a C&R licensee?
Yes, you are required to record the acquisition and disposition of AP ammo.

What is required in the AP Ammo log?

The date of the transaction
The name of the manufacturer
The caliber or gauge
The quantity of projectiles
The name, address, and date of birth of the non-licensee
The method used to establish the identity of the armor piercing ammunition purchaser.

This format is required to be in bound form

How do I buy a C&R firearm using my new license?
First you either have to snail mail, fax, or email your license to distributors. This depends on how they accept them and what the ATF has told that particular distributor. You should also ask to be on their mailing list. Once you see a firearm you want, call the distributor and give them a credit card number or mail them payment. You should expect a package from the big brown truck of joy shortly!

You can also buy C&R firearms from local or out of state dealers by supplying your license to them and signing it in front of them. All state and local laws must be followed in this transaction.

There are no rewards in buying a C&R handgun or C&R "assault rifle" in the state of Maryland. You must follow all state laws and record the acquisition in your bound book even though you could not use your license to purchase the said firearm.

What are some good distributors?
This is not an all inclusive list. It's only a start and people who I have personally dealt with. There are other threads for better information.
Southern Ohio Gun http://www.southernohiogun.com/
AIM Surplus http://www.aimsurplus.com/
J&G Sales http://www.jgsales.com/
Midway USA http://www.midwayusa.com/
Brownells http://www.brownells.com/

Where is the ATF FAQ if I want to look through their questions?
http://www.atf.gov/firearms/faq/