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Greetings everyone.
I am getting ready to journey to Cody, and have a rifle to sell. It is a limited edition (one of 171) Winchester Model 70 Super Grade Featherweight in 257 Roberts (from USRAC custom shop). It was made under contract to W.A.C.A. and Lewis Yearout in 1985 and has the WACA medallion inlet into the stock. Since this is by ATF definition a modern firearm, I was wondering if there will be FFL holders at Cody who could facilitate the legal transfer of this rifle. I should think another WACA member really ought be the next owner of this rifle. I bought it from Lewis Yearout 20 years ago.
BRP
I suspect that your Model 70 qualifies for Curio & Relic status. Accordingly, it may not require a FFL transfer.
Bert
WACA Historian & Board of Director Member #6571L
Bert,
Thank you for your reply.
I checked the BATF web site, and this particular commemorative was not listed, so I am assuming that makes it a modern firearm. It might be possible to get it classified as a C&R, but it has not yet been ruled to be such.
BRP
In your shoes, I make the time & effort to get it put on the C&R list. It most certainly fits the BATF’s description of what qualifies to be put on the Section III list, and it will make it much easier for you to sell/transfer it.
COLLECTORS WANTING A DETERMINATION
Collectors desiring to obtain a determination as to whether a particular firearm qualifies for classification as a curio or
relic in accordance with 27 CFR 478.11 and 478.26 or a collector’s item in accordance with § 479.25 and § 479.24 should
submit a written request for a ruling. The letter should include:
1) A complete physical description of the item;
2) Reasons the collector believes the item merits the classification; and
3) Data concerning the history of the item, including production figures, if available, and market value.
As stated in the regulations, submission of the firearm may be required prior to a determination being made. Please
submit your request to:
Bureau of Alcohol, Tobacco, Firearms and Explosives
Firearms Technology Branch
244 Needy Road
Martinsburg, WV 25405
WACA Historian & Board of Director Member #6571L
Bert H. said
I suspect that your Model 70 qualifies for Curio & Relic status. Accordingly, it may not require a FFL transfer.Bert
Bert, if so deemed a C&R, it would still technically require a transfer to a C&R license holder, just wouldn’t have to go through a full FFL/background xfer…or am I misunderstanding what you’re saying?
Is there a Montana law that prohibits a private transfer or person-to-person transaction?
To me, the juice isn’t worth the squeeze having to potentially mail this off to be evaluated for C&R status.
Jeremy P said
Is there a Montana law that prohibits a private transfer or person-to-person transaction?
I can certainly transfer this to another resident of Montana, if that person can legally own a firearm. But Federal law prohibits a non FFL from transferring a firearm to a resident of another state without it going to an FFL holder.
BRP
Blue Ridge Parson said
Jeremy P said
Is there a Montana law that prohibits a private transfer or person-to-person transaction?
I can certainly transfer this to another resident of Montana, if that person can legally own a firearm. But Federal law prohibits a non FFL from transferring a firearm to a resident of another state without it going to an FFL holder.
BRP
Oh that’s right….the perks of never leaving Texas I guess 🙂
Jeremy P said
Bert H. said
I suspect that your Model 70 qualifies for Curio & Relic status. Accordingly, it may not require a FFL transfer.
Bert
Bert, if so deemed a C&R, it would still technically require a transfer to a C&R license holder, just wouldn’t have to go through a full FFL/background xfer…or am I misunderstanding what you’re saying?
Is there a Montana law that prohibits a private transfer or person-to-person transaction?
To me, the juice isn’t worth the squeeze having to potentially mail this off to be evaluated for C&R status.
First, Cody is in Wyoming (not Montanna). Generally speaking, person-to-person sales can occur between two people who reside in the same state without interference… however, there are a number of Kommie States that do not allow it (Kommiefornia, Washington, and most of the New England states).
The rifle in question does not need to be sent to the BATF to be evaluated for C&R status. It only needs to be documented in a letter to the BATF. My understanding is that the only firearms that must be shipped to the BATF Technical Branch for evaluation inspection are those that are classified as NFA (short barreled rifles & shotguns).
WACA Historian & Board of Director Member #6571L
LOL, I do know it’s in Wyoming, I think I was just looking at a Montana map right before that. I can’t seem to keep things straight in my mind half the time any more….. 
On that note, if I don’t see you at Cody, have Mike double check I’m not driving around Montana aimlessly!
November 7, 2015
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Jeremy P said
LOL, I do know it’s in Wyoming, I think I was just looking at a Montana map right before that. I can’t seem to keep things straight in my mind half the time any more…..
Jeremy-
I’ve wandered about Montana on occasion but I suggest you save that for another time and find your way to Cody.🧐
BRP-
BATFE has a very comprehensive Q&A section but I’m too road weary to read and comprehend big words tonight. As I understand it the answer to your question depends on where you and your buyer live. There’s also a decent chance your buyer may be an FFL holder or an FFL may not need to be involved. There’s going to be a lot of smart people in Cody by Thursday, we’ll let them figure it out!
Mike
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