In this diary we consider one of the permanent provisions of the Brady Act in a special context - when family heirloom guns are transferred to the next generation, to someone who lives in another state and may be under 21 years of age. Guns are unique. You can't simply wrap up your granddad's heirloom gun, buy some insurance from the carrier, and have it shipped directly across state lines to someone else.
Justice is blindfolded. When we aim to close loopholes in the law we can't afford to proceed blindly.
To legally send a gun across state lines, even if it is a family heirloom, you must go through a federally licensed firearms dealer in the recipient's home state. The dealer will perform a check of the National Instant Background Check system to see if the recipient can legally own the heirloom gun.
Those of you who enjoy restoring antiques have a lot in common with those who repair, restore and preserve old guns. It's not the same as your great-great-great grandfather's clock but the value given to family traditions and sentimental items is similar. Some heirloom guns are samples of innovative mechanical engineering. Others are finely crafted works of art in their own right. Properly stored, guns are very durable.
This is an invitation to gun owners to identify where and how gun control advocates can appreciate the immense respect many people have for this part of American's rich heritage.
This is an Open Thread.
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In this diary we will discuss a practical application of background check laws, transferring an heirloom gun to the next generation, when they are under 21 years of age and live in another state. The legal website FindLaw has a handy little Legal How-To; Giving a Gun as a Gift. The main considerations are the recipient’s age, whether they can pass a background check, whether they need and have the appropriate license in their state, and how you plan to ship it. And all of those considerations depend on whether the heirloom gun is a "long gun" or a handgun.
Context - Bridging the rural/urban gun culture divide?
At both the federal level and in some state races background check laws are going to be in play for the foreseeable future. I expect that this area of gun law will remain a high priority all the way through the 2016 election cycle.
We urgently need to clarify which background check loopholes need to be closed. An important step in that effort is educating ourselves and our neighbors about various exemptions that some of us think are legitimate, explaining why they matter, and who can use them. I think the Federal Firearms License for Curios & Relics (FFL-C&R) offers a framework for thinking about how an heirloom exemption in criminal background checks could work.
This is a new topic for me, and this is my current understanding. A Curio & Relics license is only one of eleven types of Federal Firearms Licenses. A C&R license requires the applicant to notify local law enforcement of their intent to apply, under go a criminal background check, and if approved, keep a logbook accounting for all the guns they acquire under the license, and all the guns they trade, sell, or give away under the license. It is not a "loophole." It is a legitimate and affordable license for people who own or collect guns that are more than 50 years old. It is not a license to carry guns in public. It is a license simply to own, to keep antiques and heirloom guns in your home, locked up in your gun safe.
This is a specialty license/registration for personal use. The ATF processes C&R licensing and individuals who want to own/trade/collect/service their collections must notify their local Sheriff of their intent to do this. Specialty collections, e.g. heirloom guns, are a legitimate form of art and trade and family tradition. The law defines which guns are old enough, and the ATF defines the list of firearms that have historical interest.
Shipping a gun to your door. by DrillSgtK
This kind of FFL is not a dealer. You can't be in the business of selling and buying guns. You can, resell guns you have or have restored, but not to the point it is a business. (Many Cruffler's don't sell the guns as much as trade or partial trade them - such as I'll trade you an Ithaca Model 37 Pump S/N USA1972 and $150 for your West Virginia Centennial Colt .45.)
The idea is that Curio's and Relics are not things you find at your local dealership. You won't be able to find them in person but rather through the phone, mail, or inter webs. To help you complete a collection or restore something, this allows you to buy directly and have it sent to you with out the added cost and time of finding dealers at both ends.
Firearms Curios or Relics List
A regulation implementing Federal firearms laws, 27 CFR Section 478.11, defines C&R firearms as those 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 C&R items, 478.11 specifies that 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 of such firearms;
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.
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Firearms automatically attain C&R status when they are 50 years old. Any firearm that is at least 50 years old, and in its original configuration, would qualify as a C&R firearm. It is not necessary for such firearms to be listed in ATF’s C&R list. Therefore, ATF does not generally list firearms in the C&R publication by virtue of their age. However, if you wish for a classification of your particular firearm under categories (b) or (c) above and wish your item to be listed, you may submit the weapon to the Firearms Technology Branch (FTB) for a formal classification.
"Firearms automatically attain C&R status when they are 50 years old."
This diary extends an effort to reach across the urban/rural gun culture divide to educate and to invite liberal Democrats to walk in someone else's shoes for awhile. It is about legitimate concerns of responsible, law abiding gun owners, not the people we see in the news and in the GunFAIL diaries.
A really neat thing happened for the Firearms Law and Policy group this week. Last Sunday's Open Thread addressed what is required to give a gun to someone you know if they live in a different state, Did you get a gun for Christmas? Discussion in the comment threads about gifting antique guns led to a follow-up diary about a specialty gun license, the Curios & Relics license. It is a federal firearms license {FFL No. } used by collectors of antique guns. DrillSgtK broke down the license, and described the nuts and bolts of legally Shipping a gun to your door.
Thank you, DrillSgtK, for your comment: "grandpa's plinker". This diary was inspired by your thoughtful tutorial. Let's begin a discussion of whether heirloom guns could be exempt from Universal Background Check laws and how an heirloom exemption could be structured.
Could there be a 12th type of Federal Heirloom Firearms license, along the lines of the C&R licensing scheme? You may be wondering, besides fostering harmony at Daily Kos why do these specialty federal gun licenses matter? If you don't already know, this diary might open some new ideas for you. If you do already know, please join us this evening to help others appreciate what you see.
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To get the conversation started let's return to a hypothetical scenario from last week:
3. Suppose [in your Christmas gift exchange] your grandfather, who lives in Virginia, drew your sister, who is only 14. He wants to continue the family tradition and pass on a family heirloom rifle that has been in the family for three generations.
What if both your grandfather and your parents have a C&R license. Can grandpa simply FEDEX his heirloom gun from Virginia to your parents in New York?
Mon Jan 13, 2014 at 6:30 PM PT: Thank you all for sharing your thoughts. We will write more diaries studying background check laws at both state and Federal level. Our next diary on the NY Safe Act will publish tomorrow at about 11 AM Eastern.