C&r Question

[Asmodeus]

According to the C&R rules for non-NFA items, making substantial changes to the firearm removes it from C&R status (often referred to a "bubba-izing), yet I often see NFA C&R items, like the WH in this Stugewehr post that have been seriously modified, yet still listed as C&R.

 

Does the ATF not care about the C&R staus of NFA items under some sort of "once NFA, always NFA" rule? That would be logically consistent with their other rulings, so I find it odd if it is the case.

[Bill in VA]

I'm not so sure that cutting a receiver for drum slots would quite qualifie as a "substantial change." IIRC, the only mention of modifications to a C&R firearm is in regards to military surplus firearms (which a WH TSMG is not) is in ATF Ruling 85-10 wherein the BATF decided that firearms' receivers were not, in and of themselves Curios or Relics, saying in part that "Frames or receivers of curios or relics and military surplus firearms not in their original military configuration were not generally recognized as curios or relics by ATF since they were not of special interest or value as collector's items."

 

In fact, under CFR 178.11 (wherein Curio and Relic is defined) there is no specific mention of modifications, let alone modifications being a disqualifier of C&R status. Moreover, there's nothing either in the federal regs or in BATF interpretation about "once an NFA, always and NFA." The closest to that is the BATF's postion of "once a machinegun, always a machinegun" which is based on both 26USC CH53 5845 (, which includes the phrase "readily restor[able]" in the definition of an MG.

 

HTH