I have a gun manufactured in 1958 and was wondering when I sell it does the buyer have to do a background check or would this gun be considered a curio and relics gun and not require a background check
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I have a gun manufactured in 1958 and was wondering when I sell it does the buyer have to do a background check or would this gun be considered a curio and relics gun and not require a background check
Since you haven't given us much to go on, more info could be helpful.
Selling a winchester 62a pump action .22lr was made in 1958
Ill take it!Quote:
Originally Posted by tactical_2012
Pretty sure that is a C&R gun, I have no idea what the state considers a C&R but here's you some Fed references you can read yourself http://www.atf.gov/firearms/faq/curios-relics.html https://www.atf.gov/publications/fir...ics/index.html
The Colorado background check law does not apply to:
(a) A transfer of an antique firearm, as defined in 18 U.S.C. sec. 921(a) (16), as amended, or a curio or relic, as defined in 27 CFR 478.11, as amended;
18 USC 921(a)(16) says in many, many words:
A firearm manufactured before 1898 or a replica of same or muzzle loader (with additional restrictions)
So… your .22LR doesn't qualify under the USC reference...
27 CFR 478.11 is the Definitions section and says:
Antique firearm. (a) Any firearm (including any firearm with a matchlock, flintlock, percussion cap, or similar type of ignition system) manufactured in or before 1898; and (b) any replica of any firearm described in paragraph (a) of this definition if such replica (1) is not designed or redesigned for using rimfire or conventional centerfire fixed ammunition, or (2) uses rimfire or conventional centerfire fixed ammunition which is no longer manufactured in the United States and which is not readily available in the ordinary channels of commercial trade.
AND
Curios or relics. 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:
(a) Firearms which were manufactured at least 50 years prior to the current date, but not including replicas thereof;
(b) 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
(c) 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.
The Antique part of the CFR definition is pretty much a restatement of the USC definition.
It sounds like you probably fall into the Curio and Relic definition because you only have to meet "a" OR "b" OR "c". Your firearm was manufactured more than 50 years ago and it's not a replica of anything.
Feel free to check/critique my answer here, folks. This is the first time I've considered this question and it's late so you won't hurt my feelings if you tell me I'm completely wrong!
RWW
over 50 years old makes it C&R. Good to go with no background check required.