THIS LIST IS COMPOSED OF FOUR MAJOR SECTIONS:

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 handguns, semiautomatic pistols, revolvers and rifles.

SECTION III. National Firearms Act 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; there is no transfer tax liability. 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 non-licensees and interstate to licensed collectors and other licensees. While transfer may be made interstate to another licensee, they cannot be shipped interstate to a non-licensee. 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.,machine-guns), are firearms within the scope of the National Firearms Act (NFA) [26 U.S.C. Chapter 53] and are subject to all the 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 ATF 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." Questions concerning the lawfulness of transactions in these weapons should be directed to the Bureau of ATF, National Firearms Act Branch, Washington, DC 20226.

Questions concerning the criteria for rendering a specific weapon unserviceable should be directed to the Firearms Technology Branch at the same address.

The Licensed Collector's Activities

The principal advantage of a collector's license is that the collector can acquire curios or relics from both licensees and nonlicensees without regard to his/her State of residence. A licensed collector may acquire and dispose of curios or relics at any location, the only limitation being that a disposition made to a nonlicensee is to be made to a resident of the same State in which the collector is licensed.

Restrictions on the Licensed Collector's Activities

Collectors Wishing To Obtain a Determination

• A complete physical description of the item;
• Reasons the collector believes the item merits theclassification;
• Data concerning the history of the item, including production figures, if available, and market value.

   Bureau of Alcohol, Tobacco and Firearms Firearms
             Technology Branch, Room 2208
             1200 Pennsylvania Avenue, NW 
                   Washington, DC 20226

ATF Publication 5300.11

Go forward to the next section: Section I.

Curios & Relics Home Page -- (c) 1995 Mark R. Cervarich -- mark@shelfspace.com