doublegunshop.com - home Forums General Discussion DoubleGun BBS @ doublegunshop.com FFL Required For Antique Gun Transfer???

I have always believed that any firearm made prior to 1899 qualified as an "antique" under BATF regulations. However; Please carefully read Section B item ii below.
Jim



Q: What qualifies as an antique firearm?
As defined in 18 U.S.C. � 921(a)(16) the term �antique firearm� means �

� A.any firearm (including any firearm with a matchlock, flintlock, percussion cap, or similar type of ignition system) manufactured in or before 1898; or
B.any replica of any firearm described in subparagraph (A) if such replica � i.is not designed or redesigned for using rimfire or conventional centerfire fixed ammunition, or
ii.uses rimfire or conventional centerfire fixed ammunition which is no longer manufactured in the United States and which is not readily available in the ordinary channels of commercial trade; or

C.any muzzle loading rifle, muzzle loading shotgun, or muzzle loading pistol, which is designed to use black powder, or a black powder substitute, and which cannot use fixed ammunition. For purposes of this subparagraph, the term �antique firearm� shall not include any weapon which incorporates a firearm frame or receiver, any firearm which is converted into a muzzle loading weapon, or any muzzle loading weapon, which can be readily converted to fire fixed ammunition by replacing the barrel, bolt, breechblock, or any combination thereof.

If your are dealing with a gun manufactured prior to 1899, section A is all you need. Sections B and C give additional reasons for guns to not be considered fireams. Notice the "or" before sections B and C.

In section A, read carefully. The part in parenthesis, saying "including", this does not mean "only" Just like the sentence, "Mammals (including dogs and cats) are warm-blooded animals." does not mean only dogs and cats.

If you don't understand this, send a letter to the BATF for a written statement. Ask them about the Colt Single Action, for example.

The key to antique status based on Section A is proving manufacture prior to 1899 to the satisfaction of the BATF.

As I am not an attorney, this is not legal advice, just my personal opinion. Contacting an attorney specializing in firearm questions, or the BATF, is recommended for actual legal advice.

I note that in another current thread, "BUYING FROM CALIFORNIA", the respondants all claim that there is no special treatment for Antiques there. But my seller has already entered this gun in his A&D book and I sure don't see him scribbling it out now. Hopefully I will be able to show my FFL that there is no need to continue treating this particular antique as a post 1898 firearm.

The gun in question arrived today and my FFL claimed that he had to do a transfer if it was entered in the sellers books. After a bit of discussion where I quoted some of the replies here, he called the ATF field office and was told to enter it in his book as an Antique, but no transfer was necessary.

Many thanks to all.

Geez Keith:
You got a sensible answer from those folks??
Jim

Well Jim, my FFL dealer did take note of the name of the agent he spoke with and recorded that in his book as well. C.Y.A., I guess.