MNGunTalk.com

Recently I read the claim that under MN law Curios and Relics are an exception to the prohibition on owning full-auto firearms (besides law enforcement and licensed gun dealers). Is this correct, that in MN I can own a functioning full-auto firearm as long as it meets the ATF definition of a C&R?

That is essentially correct.
It needs to be listed as an C & R Firearm.

BATF Curios or Relics List


and here's one you could own:



Colt 1928 Navy Thompson Submachine Gun
$75,000.00

Machine Guns For Sale

Lumpy wrote:Recently I read the claim that under MN law Curios and Relics are an exception to the prohibition on owning full-auto firearms (besides law enforcement and licensed gun dealers). Is this correct, that in MN I can own a functioning full-auto firearm as long as it meets the ATF definition of a C&R?

Correct
b

Kind of sort of.

Firstly, they don’t treat them as curios and relics, they are treated as class III weapons, so a c&r license does not authorize transfer.

If you do get one you also have to register it with the state BCA.

One thing that I find kind of curious about the whole c&r thing is it’s a specific list, sometimes down to specific serial numbers… even though by now ANYTHING legally transferable to individuals is more than 30 years out, most much more so.

Which leads me to another question: how much can a C&R be refurbished or repaired before it would no longer be considered the same gun; i.e. the "Ship of Theseus" question?

crbutler wrote:Kind of sort of.

Firstly, they don’t treat them as curios and relics, they are treated as class III weapons, so a c&r license does not authorize transfer.

If you do get one you also have to register it with the state BCA.

One thing that I find kind of curious about the whole c&r thing is it’s a specific list, sometimes down to specific serial numbers… even though by now ANYTHING legally transferable to individuals is more than 30 years out, most much more so.

I have a C&R FFL. It is my understanding that the ATF did away with any sort of list quite a few years ago.

The magic number is 50 years old. For example, that means that a 1973 Browning Auto-5 could be transferred as a C&R firearm today.

Note that many Sellers refuse to sell them as C&R items and make you go through a Type 1 FFL anyway. There are advantages to having a C&R when it comes to bidding on vintage military firearms (sometime sold in lots at auction).

Lumpy wrote:Which leads me to another question: how much can a C&R be refurbished or repaired before it would no longer be considered the same gun; i.e. the "Ship of Theseus" question?

That is the first question addressed in the FAQs of the linked document I previously posted.
The short answer is that repairs can be made, and parts replaced as long as it stay’s essentially in original form.

warrlac wrote:

crbutler wrote:Kind of sort of.

Firstly, they don’t treat them as curios and relics, they are treated as class III weapons, so a c&r license does not authorize transfer.

If you do get one you also have to register it with the state BCA.

One thing that I find kind of curious about the whole c&r thing is it’s a specific list, sometimes down to specific serial numbers… even though by now ANYTHING legally transferable to individuals is more than 30 years out, most much more so.

I have a C&R FFL. It is my understanding that the ATF did away with any sort of list quite a few years ago.

The magic number is 50 years old. For example, that means that a 1973 Browning Auto-5 could be transferred as a C&R firearm today.

Note that many Sellers refuse to sell them as C&R items and make you go through a Type 1 FFL anyway. There are advantages to having a C&R when it comes to bidding on vintage military firearms (sometime sold in lots at auction).

The ATF may have, but MN maintains a list of C&R eligible full auto items. It has to be on that list for individual transfer. Most of the weapons that have been stamped were stamped before 1973.

Getting a FFL that has the appropriate credentials exempts someone/a business from the C&R part in MN... but then it is not a transferable to individuals item. Your C&R license does not allow you to acquire full auto C&R weapons regardless of tax stamp situation. You do need to have a class III transfer dealer to do so.

Fundamentally it is possible to get machine guns in MN, just a limited subset of those that are allowed under federal law with some additional steps that the state requires.

And a ton of money.