BATFE restrictions on mailing CC&R barreled receivers to Type3 license holders

[chucklamb]

Can someone direct me to the regs that state what the restrictions are [if any] on the transfer of CC&R receivers etc. to type 3 holders.
I hear from sellers that there are stated regulations that restrict transfer of CC&R receivers and barreled receivers or incomplete firearms only to Type 1 FFL holders, that they cannot send receivers etc to Type 3 FFL holders, fact or fiction?

Many thanx, Chuck.
PS. I know this was discussed on the Culvers forums a few years back.
I have not been able to locate it thru the search function.

[madsenshooter]

It's a BATF interpretation of "in original configuration". Some will ship to you, others won't. Old Western Scrounger and Numrich are two that won't. That intrepretation could go a long way actually. Sporters based on military actions are no longer in their original configuration, but I have bought some as C&R.

[edpm3]

From the ATF FAQs:

Q: What modifications can be made on C&R firearms without changing their C&R classification?

"The definition for curio or relic (“C & R”) firearms found in 18 U.S.C. 27 CFR § 478.11 does not specifically state that a firearm must be in its original condition to be classified as a C&R firearm. However, ATF Ruling 85-10, which discusses the importation of military C&R firearms, notes that they must be in original configuration and adds that a receiver is not a C&R item. Combining this ruling and the definition of C&R firearms, the Firearms Technology Branch (FTB) has concluded that a firearm must be in its original condition to be considered a C&R weapon.

"It is also the opinion of FTB, however, that a minor change such as the addition of scope mounts, non-original sights, or sling swivels would not remove a firearm from its original condition. Moreover, we have determined that replacing particular firearms parts with new parts that are made to the original design would also be acceptable-for example, replacing a cracked M1 Grand stock with a new wooden stock of the same design, but replacing the original firearm stock with a plastic stock would change its classification as a C&R item."

Since a barreled receiver or a plain receiver is not a C&R firearm, they must be transferred like any other non-C&R firearm. You can check the appropriate ATF FAQs here: https://www.atf.gov/content/firearms-frequently-asked-questions-unlicensed-persons. The FAQs also have the statute references.

[madsenshooter]

See what I mean? Wonder how many plastic stocked Mosins have been sold as C&Rs. Or what if the stock is nothing like the original, like a couple sporterized Japanese rifles that I bought as C&R? One could contest the ATF ruling, but that would take a lot of money.

[UUURah]

If one is selling to a friend or someone they can trust, just put all the parts ON a Barreled Receiver, ship it. When he gets it, have him take all the parts OFF the Barreled Receiver and send them back.

More than one way to skin a cat.

[2111]

See what I mean? Wonder how many plastic stocked Mosins have been sold as C&Rs. Or what if the stock is nothing like the original, like a couple sporterized Japanese rifles that I bought as C&R? One could contest the ATF ruling, but that would take a lot of money.

Many people that do not know the rules will ship a weapon that does not meet the ATF regulations. If the shipment is not inspected by someone who knows the rules, it ships. If somehow it is found in violation of the ATF regs, I would guess the person shipping has a problem and the weapon confiscated. Like any other crime, if you get away with it, no problem, if you don't, T.S. Do the crime, do the time.