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From:
Tracie Evans <[log in to unmask]>
Reply To:
Museum discussion list <[log in to unmask]>
Date:
Wed, 29 Nov 2006 13:59:32 -0600
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I would like to further clarify you statements about pre-1898 firearms.
You are right in that the NFA laws do say that pre-1898 firearms are
considered antique firearms and are exempt from many of the gun control
laws, but it goes on to say unless they use modern ammunition (i.e.
ammunition that can still be purchased through a regular market)
therefore not everything from before 1898 is antique.  Also, just
because the NFA does not require you to have a license to own, sell or
purchase them it does not mean they are outside of other gun control
laws.

 

There are really three questions you need to check.  The real question
is will the traveling exhibit cross state lines?  If yes, you need to
check your interstate commerce laws.  You often must have a firearms
license to transport firearms across state lines.  Check with your local
law enforcement or a local firearms dealer.  They will know.  You also
need to check with the museum that the exhibit is going to and any state
it will travel through.  As a state agency, we are exempt and are not
required to have a firearms license and can hold NFA title 2 weapons,
but we can not ship or receive firearms directly.  We must have them
sent to our local police department and then go pick them up from there.

 

How are you transporting the exhibit?  You can not send firearms through
the mail and most package delivery companies will not let you send
firearms through their services without a license for both the send and
the receiver. If you are sending them by courier, they may need a
license also.  Check again with you local or state law enforcement.  You
can fly with certain kinds of firearms, but they must be checked and you
must follow all the FAA guidelines about transporting firearms.  This
often takes them outside of the couriers control which can be
problematic. 

 

How are you going to secure these firearms during transport?  Firearms
are a hot item on the black market and must be protected against theft
from both those interested in museum objects and firearms.  

 

Also, remember, if the exhibit includes something that is covered by the
NFA (check it out on line at www.atf.gov <http://www.atf.gov/> ) then
the hosting institution must be able to have those firearms at their
institution.  MOST museums CANNOT house NFA weapons.  IF the museum can
have a NFA weapon you are required to notify ATF if it leaves you
location, how long it will be in a new location and who has control of
the item.   Also, use caution with the items listed as curios because
although they do not require you to have a license to own or purchase,
they are still covered under the firearms control acts for transporting,
etc.

 

The best way to find the answers that you need is to check with state
law enforcement and/or the AFT NFA branch themselves.  They are usually
very helpful.  You can get their contact information off the website.

 

Sincerely,

Tracie Evans

Collections Manager

Texas Ranger Hall of Fame and Museum

 

 

 

________________________________

From: Museum discussion list [mailto:[log in to unmask]] On
Behalf Of [log in to unmask]
Sent: Wednesday, November 29, 2006 3:52 AM
To: [log in to unmask]
Subject: Re: Guns in traveling exhibition?

 

The question is what is traveling. according to the Federal Firearms
Control ( 1969) act anything made before 1898 is not a firearm.  If what
is traveling is really antique - pre 98...there is no issue.The two
areas one can run into problems are things prohibited by the NFA such as
machine guns (unless registered) and trying to fly with anything that
looks like a gun. (or shipping by us mail)

If you are worried make sure you are not in violation of local
ordanances. The BATF published a book of all known firearm laws...or
have the receiving institution check it out.  When I put two shotguns on
exhibit where I used to work, as a safety procedure since they were
somewhat accessible, the fireing mechanisms were reversibally
decomissioned and the weapons alarmed. Really think there probably is no
cause to worry.

Rob Howard

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