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




6 comments:

  1. I am confused by the ATF paragraph C 'the term antique firearm shall not include any weapon which includes a firearm frame or receiver," when the prior sentence says "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. ". Could you help me understand?

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    1. I believe ATF Paragraph C is pertaining to black powder "conversions." I think what they are talking about is something like my friend's 1858 Remington pistol which came with two cylinders. One cylinder is for black powder loads while the other takes standard cartridges like any other modern revolver.

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  2. What the ATF means by "antique firearm" is any gun made before 1898 that you can legally own or any replica of said firearm that came pre-1898. Keep in mind that pistols such as the Colt 1911, Luger pistol, and the Mauser Broomhandle C96 from 1896 do not necessarily count. But let's say for example that you have an original 1st Generation Colt Single Action Army revolver. That classifies as an antique firearm. As long as it was made before or during 1898, then it qualifies. Any gun beyond that is considered post-1898. So technically speaking, any gun made before or in 1898 will qualify. I hope this helps. Thanks.

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  3. 26 USC CH 53 was created when the 1934 NFA was established. 18 USC 44 was created in 1968 after the 1934 NFA was ruled Unconstitutional and they wrote the 1968 GCA with part 2 being the NFA replacement. After 54 years they have still failed to get rid of duplicates and conflicts. An antique is anything before 1899 except a Machine Gun or Destructive Device so the 26 USC CH 53 definition is meaningless except as an entrapment by ATF.

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  4. That's correct, Anonymous. USC CH 3 of 26 was created in 1934 when the NFA was established and then in 1968 USC 44 was created. It was put in place when the 1934 NFA was ruled unconstitutional. They added the part 2 in 1968 under GCA and this allowed gun owners to possess, buy, and collect antique firearms made before 1898 legally. This, however excluded all felons and anybody who had been diagnosed with mental illness. That is what the ATF means by all that. So apparently you can own a replica flintlock or an original Colt Peacemaker revolver because those were made BEFORE 1898 but you cannot own an AK-47 because that gun was made AFTER 1898. So in conclusion, an antique firearm is any firearm made before 1898 that you can legally own as long as you don't modify to fire real live ammunition. That little bit of information should help in a way. Stay safe.

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