January, 2000

Often, the Cruffler is presented with firearms that are not over fifty years in age and don't appear on the Curios or Relics List, but simply should.  Sometimes it is evident that the failure is due to oversight, and sometimes it seems that the firearm in question simply "should" (also known as a Crufflehunch, or Crufflerinstinct, not to be confused with Crufflerstinct, which is a state obtaining when one spends too much time in the gun room and not enough time in the shower) appear on the list.  There are many actions one can take at this point.

Let's start with the actions that one should NOT take.  One should NOT make a unilateral determination that a particular firearm which is not demonstrably over fifty years old is a Curio or Relic, and treat it accordingly.  Not unless one has a special yearning to lose one's license and perhaps spend an enforced vacation at Club Fed.  However, the good news is that there are established mechanisms in place to have a firearm officially declared a Curio or Relic.  The BATF term for this is a "Determination as to whether a particular firearm qualifies for classification as a curio or relic in accordance with 27 Code of Federal Regulations (CFR) §178.11 and §178.26 or a collector's item in accordance with §179.25 and §179.24."

There are some basic guidelines to follow when seeking a determination.

•  You must make the request for a determination in writing.  Once written, the request should be sent to:

• The request should include a complete physical description of the item, with photographs where necessary and/or practicable.
• The request should include the reasons you believe the item merits the classification as a Curio or Relic
• Finally you should include data concerning the history of the item, including production figures, if       available, and market value
• You should be aware that the BATF may request that you submit the firearm for inspection prior to making a determination.
• Note that the above is pertinent to having a firearm declared an antique as well.

BY FAX AND MAIL
(Faxing starts the ball rolling immediately!  Following up by mail makes sure they take notice.)
United States Department of the Treasury
Bureau of Alcohol, Tobacco, and Firearms
650 Massachusetts Avenue
Room No. 6450
Washington, D.C.  20226

Attn:  Office of Firearms Technology

Re:  Addition to the Curios or Relics List-Request for Ruling
(A subject line gives the secretary who opens the mail a heads up on who to hand it off to without having to read it through and waste time.)

Dear Sir or Madam:

Please consider this a formal request to add the Bulgarian military Makarov pistol to the Curios or Relics List.  As such, I am submitting this request for such a ruling.

Background
(Dividing the letter into clear sections helps them make sense of it)
The Curios or Relics list currently includes two Makarov pistol variants:  Those produced for the East German and former Soviet militaries.  This is consistent with the legislative intent of the Curio or Relic List as these firearms “derive a substantial part of their monetary value because of their association with some historical figure, period, or event.” to wit: the Cold War and the former Communist bloc in Eastern Europe.

The same is true for Makarov pistols manufactured for the former communist regime in Bulgaria.  The Bulgarian military guns bear the markings of the “people’s factory” where they were produced, and are as much a relic of an important era in history (the Cold War and the Communist bloc) as the East German or Soviet guns.
(Hit them with a succinct explanation of your rationale right up front)

Physical Description
The Bulgarian military Makarov pistol is identical in construction, configuration, specification and operation to the Soviet and East German Makarov pistols currently included in the Curios and Relics List.  The pistol is blowback operated, double action (self cocking), and fed by an eight round, single column magazine.  Sights are a fixed blade front and a drift-adjustable-for windage u-notch rear.  A schematic diagram is provided below for reference.  Should additional imagery of the firearm be required, digital photos of a typical example of a Bulgarian military Makarov can be sent on demand via electronic mail:

The schematic to the left describes a typical Makarov pistol of the type used by the Soviet, East German, and Bulgarian military and state security forces during the period of communist domination in Eastern Europe (1945 – 1989).  Each of these countries produced their Makarov pistols indigenously.

(Normally a greater number of more detailed photos would be attached, but since there are already two Makarov pistols on the C&R List, this was dispensed with in this case)
 
Bulgarian military Makarov pistols are readily distinguishable from the less well made and finished commercial counterparts by their relative lack of markings other than the serial number (found on the left side of both slide and frame), and the “People’s Factory” (place of manufacture) stamping.  An image of the  “People’s Factory” number stamping is provided for reference:

This stamping (without the word “Bulgaria”) will only be found on military and paramilitary guns manufactured prior to the fall of the communist regime in Bulgaria.  It is unlikely that guns so marked will ever be produced again.

(Pictures of the unique markings are key!!)
 
Finish is a deep, well polished blue.

Curio or Relic Classification
The Bulgarian military Makarov merits classification as a relic under the provisions of 27 CFR § 178.11(c), which reads in pertinent part:

              Firearms which are of special interest to collectors by reason of some quality
                 other than is associated with firearms intended for sporting use or as offensive
                 or defensive weapons. To be recognized as curios or relics, firearms must fall
                 within one of the following categories:

                 (c) Any other firearms which derive a substantial part of their monetary value
                 from the fact that they are novel, rare, bizarre, or because of their association
                 with some historical figure, period, or event. Proof of qualification of a
                 particular firearm under this category may be established by evidence of
                 present value and evidence that like firearms are not available except as
                 collector's items, or that the value of like firearms available in ordinary
                 commercial channels is substantially less.

This rule is especially relevant to these particular pistols for the following reasons:

1) The pistols are intimately associated with an important historical period (the Cold War) and derive much of their value from that association, much as a German World War Two pistols derive their value from an association with that period.

2) While similar firearms are available, they are commercial replicas of the military Makarov pistols and have neither the historical cachet nor the workmanship of these guns.  Furthermore the commercial replicas will continue to be produced while the military guns for the communist regime will never be made again. Consequently, the retail collector value of these military guns currently hovers around the $200 - $250  mark while the commercial guns can be had for $130 - $150.

3) These pistols are comparable to the current crop of Romanian SKS rifles that are classified as Curios or Relics, while the newly produced Chinese SKS rifles are not.

(Help the BATF folks out as much as possible!  Do as much of the research, and quote as many statutes and regulations as you can!  This will speed things up and place your request in a more favorable light!)

Please let me know if there is additional information that I may submit on this issue that would be of assistance to you.  I am available at your convenience for consultation on this matter.  With kindest regards,  I remain
 

                                             Very truly yours,
 
 

                                             Ima Gonnacruffle
 
 
 
 
 
 
 
 

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