C & R Transfer/ Sale Question

[hawk1]

I did some research but still feel like I missed something... So here's my inquiry: I have an old Yugo SKS that I'd like to sell. Since is it older than 50 years, is it subject to the new laws? Can I legally sell it as is (no mags) to another party, without doing the background check?

[jreifsch80]

I think the only guns not affected by the new laws are pre 1898 stuff since they're technically not firearms. If something is a true curio and relic then maybe a sale could be made to a person with a curio and relic ffl but I'm not sure how the law deals with transferring to ffl's

[spqrzilla]

I think the only guns not affected by the new laws are pre 1898 stuff since they're technically not firearms.

Not correct, see the language of the bill.

[Big E3]

The BATF web sight says all guns at least 50 years old automatically become a Curio & Relic even if they are not specifically on any BATF list. Only guns otherwise regulated such as short barreled rifles would not qualify. I have an old Russian SKS that is over fifty years old and it is considered a C&R. The background check (BGC) laws specifically exclude C&R so no BGC required. I believe the only gray area is to prove they are at least 50 years old, not sure on Yugo's but the Russian's have a year of manufacture on them. Even the gun show BGC laws have the same language that exclude C&R, but shows like Tanner have a policy in place that they still require a BGC for all transactions.

[spqrzilla]

What do you mean "no mags" ? The SKS had a ten round magazine. Many Yugo SKS' are not 50 years old. Especially the M59/66 model. However it does appear on the ATF list of curio and relic arms.

CRS 18-12-112(6)(a) specifies that the section does not apply to "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 27CFR 478.11, AS AMENDED;"

Note that the ATF has ruled that a military surplus firearm to be considered as a curio and relic must be unaltered from its military configuration. So if you've hung a plastic stock on it, or made other alterations, it may not be C&R (its unclear what the effect of an ATF ruling on the CFR as incorporated into Colorado state law) and its transfer would require a background check.

[hawk1]

What do you mean "no mags" ? .

The rifle does not have any mags with it... I have 4- 20 round mags but I'm assuming that I cannot sell them with it.

i believe that this rifle HAS NOT BEEN MODIFIED (other than having the original magazine removed) since its manufacturing. So, minus the 10 round mag, I don't think much/ anything has been changed on it.

How can I check how old it is?

[spqrzilla]

The rifle does not have any mags with it... I have 4- 20 round mags but I'm assuming that I cannot sell them with it.

i believe that this rifle HAS NOT BEEN MODIFIED (other than having the original magazine removed) since its manufacturing. So, minus the 10 round mag, I don't think much/ anything has been changed on it.

How can I check how old it is?

Four 20 round magazines? That's sounding like a modified SKS to me.

[hawk1]

[QUOTE=spqrzilla;1267471]Four 20 round magazines? That's sounding like a modified SKS to me.[/QUOT

I purchased them separate. Would detaching the original magazine count as modifying it? What if I had to put a new 10 rounder on it? Would that be modifying it?

[jerrymrc]

Take a good look here. http://www.ar-15.co/threads/109009-B...ding?p=1208555

[bryjcom]

From reading the language it appears that C&R firearms are not required to go through a background check.

So an M1 Garand can be transferred privately, with or with out a C&R license, and no BGC required

http://www.leg.state.co.us/clics/cli...le=1229_01.pdf

(6)
THE PROVISIONS OF THIS SECTION DO NOT APPLY TO
:
26(a)
A TRANSFER OF AN ANTIQUE FIREARM, AS DEFINED IN 18 U.S.C. 27 HB13-1229 -4-SEC. 921(a) (16),
AS AMENDED
,

OR A CURIO OR RELIC, AS DEFINED IN 27 CFR478.11, AS AMENDED

They really did write these laws poorly.