Page 1 of 1

Is size really important? Even in Texas;-)?

Posted: Wed Feb 11, 2009 12:52 pm
by rmoraes
B"H Thank G-d for today!
Friends, I friend-of-a-friend, who is out of the country, ask me to keep his Marlin model 96 (94?) just because I have guns and a safe. Now, it seems to be a pre-1900 15 in. sadle carbine. So I ask, is it legal to keep a 15 in guns? If not do I need a registration/license? Looks about 90%, clean and good condition. How about market value?
All the best :txflag:

Re: Is size really important? Even in Texas;-)?

Posted: Wed Feb 11, 2009 2:13 pm
by Mike1951
There are short barreled rifles, like yours, that have been removed from the NFA, while others have not.
Firearms automatically attain curio or relic (C&R) status when they are 50 years old. Any firearm that is at least 50 years old, and in its original configuration, would qualify as a C&R firearm. It is not necessary for such firearms to be listed in ATF’s C&R list. However, if your C&R item is regulated under the National Firearms Act (NFA) and you desire removal from the provisions of the NFA, you must submit the firearm to the Firearms Technology Branch for evaluation and a formal classification.

Start reading here:

http://www.atf.gov/firearms/curios/2001index.htm" onclick="window.open(this.href);return false;

Pay attention to Sections III, IIIA, and IV.

If I understand the process, the s/n's you see listed are those where a variance was granted, but you should be able to tell if yours would qualify.

Re: Is size really important? Even in Texas;-)?

Posted: Wed Feb 11, 2009 2:36 pm
by KD5NRH
rmoraes wrote:B"H Thank G-d for today!
Friends, I friend-of-a-friend, who is out of the country, ask me to keep his Marlin model 96 (94?) just because I have guns and a safe. Now, it seems to be a pre-1900 15 in. sadle carbine. So I ask, is it legal to keep a 15 in guns? If not do I need a registration/license? Looks about 90%, clean and good condition. How about market value?
All the best :txflag:
pp37-38 of the C&R list includes the 1894 and 1895 carbine w/15in barrel, but only as specific serial #s. Probably what needs to happen is to write a letter to BATFE, and using the fact that others of the same model have received exemption, request same for this specific rifle.

Also, pp43-44 list several 15in 1894s as removed from NFA as antiques, rather than C&R, though the exact difference there escapes me at the moment.

If you want to go that route, the address is:
Bureau of Alcohol, Tobacco, Firearms and Explosives
Firearms Technology Branch
244 Needy Road
Martinsburg WV 25405

If you think there may have already been a determination, you can PM me the SN and I'll see if it's in here, or I suspect the full list is online somewhere. It's ATF Publication 5300.11

Re: Is size really important? Even in Texas;-)?

Posted: Wed Feb 11, 2009 4:54 pm
by rmoraes
B"H Thank G-d for today!
Thanks for the information. It is phenomenal to have such high-quality info with so experienced people.
I'll double check the model, serial number and caliber tonigh.
Thanks again. :thumbs2:
:txflag:

Re: Is size really important? Even in Texas;-)?

Posted: Sat Feb 28, 2009 7:46 pm
by T3hK1w1
Also, pp43-44 list several 15in 1894s as removed from NFA as antiques, rather than C&R, though the exact difference there escapes me at the moment.
Well, you may have figured this out by now, but I'm pretty sure that the difference is that the ones that were built prior to 1898 are considered "antiques" and as such not classified as firearms under US federal law. The ones manufactured 1898 or later are considered firearms, but are still considered C&R. (IANAL, etc)
We have at least one BATFE member here who might be able to help you figure this all out.