Can a custom rifle built on a 90 year old Mauser action be shipped to a C&R licencee? I was under the impression that sporterized military rifles did not qualify as a C&R. In looking at the C&R regulations, I can only find reference to military rifles required to be in unmodified condition for rifles being imported.

I thought any firearm over 50 years old qualified as C&R.

Once the original factory manufactured features of the gun are changed, the gun looses it's 'C'ollectible status.
Even small changes can remove the gun from being a C&R status.

The issue is the combination of two things.
The actual law stated in the GCA68 that establishes what a C&R firearm shall be (The 50y/o and older rule)
But then later on the BATF Technology Div made a Ruling that was added to the C&R classification. It was made in response to the question of Milsurp firearms, their importation and wether sporterized versions were still to be classed as C&R.

Here's a short explanation of it all with some examples of what is allowed and what is not to keep C&R classification.
Not my words, but I thought well put and nearly the same explanation, if not the same statement as what is somewhere on the BATF sight that I cannot find.

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The definition for curio or relic (“C & R”) firearms found in 27 CFR § 478.11 does not specifically state that a firearm must be in its original condition to be classified as a C&R firearm. However, ATF Ruling 85-10, which discusses the importation of military C&R firearms, notes that they must be in original configuration and adds that a receiver is not a C&R item. Combining this ruling and the definition of C&R firearms, the Firearms Technology Branch (FTB) has concluded that a firearm must be in its original condition to be considered a C&R weapon.

It is also the opinion of FTB, however, that a minor change such as the addition of scope mounts, non-original sights, or sling swivels would not remove a firearm from its original condition. Moreover, we have determined that replacing particular firearms parts with new parts that are made to the original design would also be acceptable-for example, replacing a cracked M1 Grand stock with a new wooden stock of the same design, but replacing the original firearm stock with a plastic stock would change its classification as a C&R item.
*********************************

The important line IMO is:
"...Combining this ruling and the definition of C&R firearms, the Firearms Technology Branch (FTB) has concluded that a firearm must be in its original condition to be considered a C&R weapon...."

They do no not make a separate class for sporterized Milsurps and sporterized other-than Milsurps.
A C&R is a C&R and 'must be in its original condition to be considered a C&R weapon'.

The allowances for replacement parts and restoration being noted.

2152hq - Thanks for the detailed response. This is what I thought I remembered but was not able to put it together.

Make a phone call to:

William Hill: 304/616-3312

He is an inspector at Portland, OR ATF.

He can either tell you, or put you in contact
with someone that can.

Good luck,

George

2152hq covered it - in short, probably not,

The suggestion to call ATF directly seems like a good one. I probably should have thought of that and tried it first. However, it seems to be impossible to actually talk to someone at ATF that can help you. I called the number noted above several times and no one ever answered or retuned my call. I did talk to an agent at the local ATF office. He was frendly but didn't know anything. He thought the firearms technical office would probably have an answer or coud refer me to someone who did. Turns out the number he gave me was the general number for the ATF offices in West Virginia. Endless phone trees and hours on hold did not even get me to a place where I could leave a message.

It was answered above: NO, once a firearm has been altered in any way from it's original configuration it is no longer C&R compliant. It must then to go a regular FFL Dealer.
304 Area Code is not Oregon; it is West Virginia.
No need to call anyone.

The OP asked about "a custom rifle built on a 90 year old Mauser action", not stating when the rifle was actually built.

What about a G&H custom 1903 that was actually built in, let's say, 1935.
Or any of the other dozens of small builders operating between the wars, Wundhammer, Dubiel, Neidner, Adolph. I would think these guns certainly are C&R eligible.

Remington M30's were built on leftover 1917 actions from WWI, they were modified to sporters, they are C&R eligible, they are specifically mentioned on the list...

All of which goes to show what a hot mess this all is.

So, if the OP can prove the gun was built before 1973, then it should be C&R eligible.

Nope; custom rifles are not eligible. It has been altered from it's original configuration.
Model 30s were never released from the factory in any other configuration and therefore are not "custom" nor are they 'conversions"; they are factory rifle, regardless of what the receiver started out life as. It remained in the factory. They were not "modified" from anything; they just used leftover parts. Look at the receiver markings and top.

I am corrected....

I worked in a gov't position for 30+ years and one thing is for sure. There ain't any two officials who agree on the same interpretation of a rulel, ever!

quote:

Originally posted by Jim Kobe:
I worked in a gov't position for 30+ years and one t5hing is for sure. There ain't any two officials who agree on the samenterpretationof a rulel, ever!

As Eugene McCarthy said, "The only thing that saves us from the bureaucracy is its inefficiency".

[/QUOTE]
As Eugene McCarthy said, "The only thing that saves us from the bureaucracy is its inefficiency".[/QUOTE]

Ol’ Eugene should know better than anyone how to misuse a bureaucracy!

quote:

Originally posted by Jim Kobe:
I worked in a gov't position for 30+ years and one thing is for sure. There ain't any two officials who agree on the same interpretation of a rulel, ever!

The solution would have been to hire another couple experts. (Grin)

.

..or to hold a series of meetings on the subject

I thought I should follow up on my post above concerning C&R status of custom rifles built on military actions. ATF agent William Hill at the phone number provided by George in his post above did eventually return my call. He told me that his was not the right department to respond to questions concerning C&R status and that I needed to contact the Firearms Technical Division. This is also what the local agent had told me. He then gave me the email address for them. They responded to my email in less than 24 hours. It is attached below.