I purchased a damascus barreled gun through Gunbroker a while back. The seller insisted on having an FFL holder/dealer ship the gun to me. I hold an FFL. I entered the transaction in my record book, later to determine that the gun was made in 1891.
I called and spoke with a field agent at BATF and asked if I could sell the gun without going through the NICS process since it was Pre 1899 and should qualify as an antique. I thought sale of antiques did not require a backgound check.
The agent told me that the gun was not necessarily an antique as it could still fire modern ammunition. I reminded her that it had only black powder proofs. She seemed confused but unwilling to exempt the sale of this gun from the backgound check (NICS) requirement. I am at a loss whether to enter a sale in my record book or write it off as an antique.
Anyone have an experience with this type of sale?
