Curio and Relic License Question

[Malysh]

I am selling a 1961 S&W Mod 40 on Gunbroker.

I got an email today from a gent who wants to know if I would accept a C&R license for shipping it to him if he buys it. I looked at the ATF website a few weeks ago. I can't decide if it would be legal to ship the gun to a C&R or not. The Roy Jinks ltr. from S&W indicated the gun was shipped from Springfield in 1961, so it is 51 years old. But the lists of acceptable C&R weapons shows only 1 J frame S&W on the list - Centennial Airweights with aluminum cylinders. Only a small 4 figure number of any variety S&W J frames had aluminum cylinders.

I have to get this right because when I sell a gun, I always have my FFL ship it to keep costs down for the buyer. I pack it and leave the box open for him to stuff his FFL copy inside, he ships it. I don't want to get him, or me in trouble.

Any C&R holders have an opinion about this?

Thanks very much.

[wolfbait]

If it is a C&R handgun, your dealer can not mail it to a C&R anyhow. He must send it fed ex or ups next day air, very expensive depending on where you each live. Plus with a C&R you can not verify the license through EZCheck, so a lot of FFLs will not ship to C&Rs.

[wamalo]

Firearms manufactured at least 50 years prior to the current date qualify as curio and relics. There is no need to be specifically listed in the C & R List.

ATF Online - Publications - Firearms - Curios or Relics List

Wolfbait is correct regarding shipment method.

[keystonearms]

I'll +1 to the above guys, if it is 50 years old, it is eligible, no questions.

[Malysh]

Well, thanks gents. I thought some of you guys would know this.
I cannot see why the guy with the C&R would want to have me send it to him. My auction shows I'm charging $35 flat rate to have my FFL ship it. If I ship overnight via Fedex or UPS I know it could cost $70. I had one at that figure and one at a little over $50. That's why I decided to have my FFL ship, to cut down on the cost of the guns for the buyer.

I wonder if the gent who asked even knows about the shipping restrictions?

[broknaxl]

I thought a FFL could send it to a C&R through USPS. But not the other way around. A C&R can't use the USPS to ship.

[Oyeboten]

Have your local friendly FFL Dealer, ship it to his local friendly FFL Dealer...for like $8.00 maybe, tops, USPS, 1st Class Mail, Insured.

[Oyeboten]

I thought a FFL could send it to a C&R through USPS. But not the other way around. A C&R can't use the USPS to ship.

This often happens in innocent error...that an FFL Dealer will ship a qualified Arm to a C&R holder, using regular Mail...but, the law forbids it (with no rational basis of course, )insisting instead that a C&R holder may only receive qualified Arms via 'overnight' or 'next day' super high rates, via fed ex or ups, and not via the usps.

[darrylta]

I'm a long time C&R and have received and shipped 95% of my guns, a lot being NFA guns, through the USPS.
USPS has the best history and insurance rates bar none. Always use Registered Priority Mail, it can be insured
to 5 million dollars with riders and they have never lost a shipment. The Hope diamond ships USPS.

When shipping to a C&R, always get a copy of his FFL and only ship to the address on the FFL.
Any person can ship to a C&R, it doesn't matter if your an FFL holder or not??
I've received by USPS many machine guns from owners that were not FFL holders.
-Darryl

[Malysh]

Again, thank you all for your replies. I am now better able to make decisions about selling and shipping to C&R holders for those guns I have that are C&R qualified.