So I am looking at purchasing a Walther P38 pistol, WWII vintage. I have purchased a Mosin from J&G Sales using my C&R license and had no problems, but I see an issue with the P38. The P38 is considered a C&R handgun, but is not in the ATF C&R booklet. They stopped updating the book in 2008, and the P38 was made C&R after that date. Has anyone been able to register their C&R handgun under similar circumstances? I would hate to have to avoid purchasing one because of such a minor issue (or have to pay extra money to have the gun transferred to Al Mongeon or OGC for a FFL transfer).

If you're purchasing a WWII-made P-38, print out page 18 of the BATF C&R List that will have the line "All properly marked and identified semiautomatic pistols and revolvers used by, or mfd. for, any military organization prior to 1946." and bring that to HPD along with a signed copy of your C&R FFL.
For other C&R weapons not specifically listed, print out page 3 under "What are Curios or Relics?" that includes the line: 1.) Firearms which were manufactured at least 50 years prior to the current date, but not including replicas thereof. I used this page for registering a JC Higgins Model 50 .270 Win that belonged to dad.

http://www.atf.gov/publications/download/p/atf-p-5300-11/atf-p-5300-11.pdf

If you plan on purchasing one of the newer alloy-framed P-1/P-38s that are being advertised as C&R, I haven't been able to find a BATF source for this C&R claim. I would like to order one myself, but since we have to produce the actual C&R source to the HPD firearms registration, I haven't ordered one. Hopefully, I'll be moving to a less "progressive" state in a few years and won't have to deal with this firearms registration crap.

I found this link posting a supposed BATF email regarding the C&R status of the P1/P38, but since it didnt come from the BATF directly, I would be hesitant to use it.

http://www.waltherforums.com/forum/classics/18794-p38-p1-c-r-confirmation.html

The reason is, another forum member posted that the BATF agent that he contacted said that the later P1/P38s WEREN'T C&R.

http://www.gunauction.com/help/forum/displayforum.cfm?lastmessageid=260186&subjectid=38599

"I just heard back from the ATF and per them, Walther P1 pistols that are less than 50 years old are NOT C&R eligable. i mentioned to them that (without giving names) that a number of wholesalers are calling these C&R and the ATF agent googled Walther P1 and he said that he saw all of the internet ads. The ATF agent told me that these are not C&R and those companies should not be accepting C&R lic. to ship them.

spanner1751,

Thanks for the information, that makes me much more comfortable with making a purchase.

Mahalo!

Nathan

I had the same question last year.  I ended up contacting our local ATF office and asked them to send me proof that a P38/P1 is C&R so I could show HPD.  The Special Agent I talked to was super cool and sent me a letter that stated

"FTB classifies the following semiautomatic pistols as C&R items:
 
All post World War II production Walther P38- and P1-type pistols made for or issued to a military force, police agency, or other government agency or entity.
 
Based on this determination, licensed collectors may acquire, hold, or dispose of these firearms as curios or relics subject to the provisions of 18 U.S.C. § 921(a)(3), and licensed importers may import them as provided in 18 U.S.C. § 925(e)(1)."

I still have the letter and the Agents name / phone number on one of my mail folders.........

Hope this helps