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About Robert P. Firriolo
Expertise
General constitutional (Second Amendment) and federal firearm law inquiries. New York State and New York City laws and regulations on firearms. Use of force in self-defense.
Experience
Over 20 years of grassroots activism, including involvement in campaigns and elections; writing and editing articles, letters, press-releases, policy papers, and op-ed columns; interaction with firearm regulatory agencies on behalf of clients; former board member and current legal advisor to the board of sportsmen's and firearm civil rights organizations; pro-bono representation of select firearms-related legal cases; debated leaders of the gun-control lobby on national television. Lecturer on lawful use of deadly physical force and crime prevention.
Education/Credentials
Attorney at law. Extensive independent study and research in this field. NRA-certified firearms instructor (rifle, pistol, shotgun, home firearm safety, personal protection) and Range Safety Officer.
Awards and Honors
Martindale-Hubbell "AV" Peer-Review Rating.
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You are here: Experts > Arts/Humanities > Political Science > 2nd Amendment and Right to Bear Arms > antique vs curio and relics
Expert: Robert P. Firriolo
Date: 3/31/2008
Subject: antique vs curio and relics
Question
QUESTION: I want to know where the difference lies between antique firearms and firearm curio and relics. Do you have to have a license to own or obtain an antique firearm. Are there any special considerations that have to be taken if an individual wants to donate an antique or a C&R to a museum. For example, does the museum have to have a firearm license to be able to receive it? Does the donator have to tell the ATF of the donation? Are there any other paperwork that needs to be considered?
ANSWER: The federal Gun Control Act of 1968 defines an antique firearm as any firearm (including any firearm with a matchlock, flintlock, percussion cap, or similar type of ignition system) manufactured in or before 1898; and any replica of any such firearm if such replica is either not designed or redesigned for using rimfire or conventional centerfire fixed ammunition, or 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.
Curios and relics are:
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.
ATF Publication 5300.11, Firearms Curios and Relics List, consists of lists of those firearms determined to be curios or relics from 1972 to the present. Here is a link to the list: http://www.atf.treas.gov/firearms/curios/index.htm
I am not sure what you had in mind by "special considerations." Since an antique firearm is not considered a firearm subject to regulation by the federal Gun Control Act of 1968, there should be no special considerations with regard to donating them. Curios and relics are still considered firearms and are subject to federal regulation. The designation's primary purpose is to allow holders of a Federal Firearm Licenses (FFL) as a Collector of Curio and Relics to obtain such firearms directly in interstate commerce. You could not donate a firearm to a prohibited person. The museum would not need an FFL to receive the firearm unless it was being shipped across state lines.
Remember that in addition to federal laws, state and/or local firearms laws may apply as well.
That is a general overview. If you have more specific questions about the transfer, let me know the types of firearms involved, the respective locations of the donor and donee, and their status as well (licensee, bona fide museum or historical society, etc.)
---------- FOLLOW-UP ----------
QUESTION: Thanks! Just to make sure I understand, a museum could accept a C&R if it is given to them intrastate without a FFL. But if the C&R needs to be shipped interstate then the museum would technically need to have a C&R FFL to not be in violation of federal law. However, there is state laws to keep in mind. If a museum does indeed need to get a FFL, whose name would go on the license? Can you put an institution as the holder or would it have to be a specific individual like the manager of collections? Do you know if museums (or any other educational insitution) would be still subject to the license fee? Or would they be exempt?
Answer
Under federal law, any non-prohibited person could receive a firearm, including a C&R, intrastate without an FFL. I can't see any reason why a museum or any other entity (such as a non-profit corporation) would be any different.
If the firearm is being shipped between states, I believe the museum would either need to hold an FFL or transfer it through an FFL in the museum's state.
I see no reason why the museum would generally not be able to obtain a C&R FFL. The federal regulations state "Each person who desires to obtain a license as a collector of curios or relics may obtain such a license under the provisions of this subpart." (27 CFR 478.41)
"Person" is defined as "Any individual, corporation, company, association, firm, partnership, society, or joint stock company." (27 CFR 478.11)
See also 27 CFR 478.47 (Issuance of license):
(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:
(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 has been shipped or transported in interstate or foreign commerce.
(5) The applicant has in a State ... (ii) 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
The license would be issued in the name of the entity owning and operating the museum, though an authorized person would have to sign the application and sign the licenses to conduct transactions.
I do not believe there is any exemption of fee payment for museums, but since it is only a $30 fee it shouldn't be too much of a problem.
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