The Law Office of
Daniel J. Snooks
Firearms Probate
Collectors
These questions pertain to individuals who wish to collect firearms.  This includes curio and relic firearms.
​
Is there a specific license which permits a collector to acquire firearms in interstate commerce?
What firearms are considered to be curio and relic firearms?
How do I send in a firearm or ammunition to the Firearms and Ammunition Technology Division (FATD) for classification?
FATD classifications determine whether or not a firearm is regulated under the Gun Control Act or National Firearms Act (NFA).  FATD also evaluates firearms (and other defense articles) for suitability to be imported and conducts examinations of ammunition.  Please be aware that our Division does not make determinations based on drawings, photographs, written descriptions, or diagrams.  In order to render an appropriate classification, please ship the physical item and any supporting information to the following address:
Bureau of Alcohol, Tobacco, Firearms, and Explosives
Firearms & Ammunition Technology Division
244 Needy Road
Martinsburg, WV  25405
Please ship your item to FATD with a prepaid return shipping label with tracking for the return of your item (providing shipping account numbers, instead of providing a trackable prepaid shipping label, will not be accepted).  The U.S. Postal Service(link is external) recommends that long guns be sent by registered mail and that no marking of any kind which would indicate the nature of the contents be placed on the outside of any parcel containing firearms.
You cannot ship a handgun or ammunition through the U.S. Postal Service.  A commercial carrier must be used to ship a handgun. Please check with the specific carrier before shipping to ensure your package meets all of legal requirements.
Do not use packing peanuts or similar types of packing material that may become lodged into moving parts of the item or device and cause safety issues. Small parts and pieces must be placed into a sealed zip-lock type clear plastic bag to prevent loss. FATD may be unable to return the sample if the item is classified as an unregistered NFA weapon (machinegun, silencer, short barreled rifle, short barreled shotgun, etc.), or any other legally prohibited item.
 
Is there a specific license which permits a collector to acquire firearms in interstate commerce?
Yes. A person may obtain a collector’s license. However, this license applies only to transactions in curio or relic firearms.
[18 U.S.C. 921(a)(13), 923(b); 27 CFR 478.41(c), (d), and 478.93]
What firearms are considered to be curio and relic firearms?
Curio and relic firearms are defined as firearms which are of special interest to collectors because they possess some qualities not ordinarily associated with firearms intended for sporting use or as offensive or defensive weapons. To be recognized as a curio or relic, firearms must fall within one of the following categories:
(1) Firearms manufactured at least 50 years prior the current date, but not including replicas thereof;
(2) Firearms certified by the curator of a municipal, State, or Federal museum which exhibits firearms to be curios or relics of museum interest; and
(3) Firearms which derive a substantial part of their monetary value from the fact that they are novel, rare, or bizarre or from the fact of their association with some historical figure, period, or event.
ATF has recognized only complete, assembled firearms as curios or relics. ATF’s classification of surplus military firearms as curios or relics has extended only to those firearms in their original military configuration. Frames or receivers of curios or relics are not generally recognized as curios or relics.
Collectors wishing to obtain a determination whether a particular firearm qualifies for classification as a curio or relic may submit a written request for a determination to ATF’s Firearms Technology Branch. ATF’s classifications of curios and relics firearms are published in ATF Publication 5300.11.
Does a collector’s license afford any privileges to the licensee with respect to acquiring or disposing of firearms other than curios or relics in interstate or foreign commerce?
No. A licensed collector has the same status under the GCA as a nonlicensee except for transactions in curio or relic firearms.
[27 CFR 478.93]
Does a license as a collector of curio or relic firearms authorize the collector to engage in the business of dealing in curios or relics?
No. A dealer’s license must be obtained to engage in the business of dealing in any firearms, including curios or relics.
[18 U.S.C. 922(a) and 923(a); 27 CFR 478.41(d)]
No. A licensed collector has the same status under the GCA as a nonlicensee except for transactions in curio or relic firearms.
[27 CFR 478.93]
Are licensed collectors required to execute an ATF Form 4473 for transactions in curio or relic firearms?
No. However, licensed collectors are required to keep an acquisition and disposition (A&D) record.
[18 U.S.C. 923(g)(2); 27 CFR 478.125(f)]
Are transfers of curio or relic firearms by licensed collectors subject to the NICS background check requirements?
No. However, it is unlawful for any person to transfer a firearm to any person knowing or having reasonable cause to believe that such person is a felon or is within any other category of person prohibited from receiving or possessing firearms.
[18 U.S.C. 922(d) and 922(t)(1); 27 CFR 478.32(d) and 478.102]
Are licensed collectors required to comply with the requirements that written notification be given to handgun transferees and signs be posted on juveniles and handguns?
Licensed collectors are required to comply with written notification to unlicensed individuals upon delivery of a handgun. However, the sign posting requirement does not apply to licensed collectors.
[27 CFR 478.103]
​
Are licensed collectors required to turn in their acquisition and disposition records to ATF if they discontinue their collecting activity?
No. Licensed collectors are not required to submit their records to ATF upon discontinuance of their collecting activity.
[18 U.S.C. 923(g)(4); 27 CFR 478.127]