Tuesday, July 2, 2013

What is an "Antique Firearm"? The ATF Definition

This is from the ATF website:

Gun Control Act Definitions

Define: Antique Firearm

Defined Under: 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; and




B. Any replica of any firearm described in subparagraph (A) if such replica
  1. is not designed or redesigned for using rimfire or conventional centerfire fixed ammunition, or
  2. 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.

C. Any muzzle loading rifle, muzzle loading shotgun, or muzzle loading pistol, which is designed to use black powder, or black powder substitute, and which cannot use fixed ammunition. 

For purposes of this subparagraph, the term antique firearm shall not include any weapon which includes 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.



National Firearms Act Definitions

Define: Antique Firearm

Defined Under: 26 U.S.C. § 5845(G)

For the purposes of the National Firearms Act, the term “Antique Firearms” means:

Any firearm not intended or redesigned for using rim fire or conventional center fire ignition with fixed ammunition and manufactured in or before 1898 (including any matchlock, flintlock, percussion cap or similar type of ignition system or replica thereof, whether actually manufactured before or after the year 1898) and also any firearm using fixed ammunition manufactured in or before 1898, for which ammunition is no longer manufactured in the United States and is not readily available in the ordinary channels of commercial trade.

Examples of “Antique Firearms” include:

1. Muzzleloading Rifle (made in or before 1898 or a Replica thereof)

Determinants for Classification:

Even though this weapon may exhibit a barrel shorter than 16 inches and/or an overall length less than 26 inches, it is not subject to NFA regulations governing those dimensions because it employs a primitive ignition system identified as an exempting characteristic.

2. Original Percussion Shotgun


Determinants for Classification:

Even though this weapon may exhibit a barrel shorter than 18 inches and/or an overall length less than 26 inches, it is not subject to NFA regulations governing those dimensions because it employs a primitive ignition system identified as an exempting characteristic.

3. Original Antique Rifle



Determinants for Classification:

Even though this weapon may exhibit a barrel shorter than 16 inches, it is subject to NFA regulations governing those dimensions because it employs a conventional ignition system and uses fixed ammunition that is readily available through ordinary channels of commercial trade.

Consequently, this weapon would be classified as a “Short-barreled Shotgun” and therefore all NFA regulations apply.

4. Original Antique Shotgun


Determinants for Classification:

Even though this weapon may exhibit a barrel shorter than 18 inches, it is subject to NFA regulations governing minimum dimensions because it employs a conventional ignition system and uses fixed ammunition that is readily available through ordinary channels of commercial trade.

Consequently, this weapon would be classified as a “short-barreled Shotgun” and therefore all NFA regulations.

5. Original Antique Rifle

Determinants for Classification:

Even though this weapon may exhibit a barrel shorter than 16 inches and is less than 16 inches in overall length, it is subject to NFA regulations governing those dimensions because it employs a conventional ignition system and uses fixed ammunition that is readily available through ordinary channels of commercial trade.

Consequently, this weapon would be classified as a “Weapon made from a Rifle” and therefore all NFA regulations apply.

6. Original Antique Shotgun

Determinants for Classification:
 
Even though this weapon may exhibit a barrel shorter than 18 inches and is less than 16 inches in overall length, it is subject to NFA regulations governing those dimensions because it employs a conventional ignition system and uses fixed ammunition that is readily available through ordinary channels of commercial trade.
 
Consequently, this weapon would be classified as a “Weapon made from a Rifle” and therefore all NFA regulations apply.

-- This is per the ATF




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