I don't believe the definition of a firearm has changed.  Any firearm made on or before 1898 is an antique and is not considered a firearm.  A replica of an antique made after 1898 however, is a firearm if it shoots a readily available, self-contained cartridge.  The replica is not considered a firearm if it does not shoot a self-contained cartridge or if it is chambered only for a cartridge not  available today, i.e. 44 Henry rim fire.   

It has been brought up to the Shiloh Rifle company that since they make Sharps in cartridges not readily available (40-50ss, 40-70ss, 44-90 and others), why do they only ship the new firearms to FFL dealers.  Their reply was they want no problems with ATF.

It means "any firearm manufactured before 1898" regardless of the ammo it is chambered for?  And regardless of any modification such as rechambering for a more modern cartridge if the action was manufactured before 1898?

Most sellers have a line in their sales stating, "Buyers must know your state and local laws, to determine if this firearm can be sent directly to you."
There are a number of states that have laws that require "antique" firearms re-chambered for modern cartridges to go through an FFL. But that's the buyer's responsibility, as the seller is not breaking any federal law selling or sending it to you. The buyer is breaking the law if his state requires something different, and he doesn't do it.

Schuetzenmiester wrote on Mar 10^th, 2016 at 7:14pm:


Bummer! Sorry that thing passed for you guys!

Schuetzenmiester wrote on Mar 11^th, 2016 at 12:19am:


Not quite true. Antiques are still exempt. Last year they passed a new law that says any transfer done between two private parties of a modern firearm requires an FFL. Exceptions are gifts or inheritances to family members. But if it's not a family member, and not at a gun show, a dealer needs to be involved. 
Our gun show law allows private parties to call in to the state themselves, and have a background check done. So I can make the call on a modern firearm, and simply give them a credit card number to pay the fee. No dealer involved, and still nothing done for pre 1899 guns.

Schuetzenmiester,

Something else for you to consider from your WA State link...

(25) "Transfer" means the intended delivery of a firearm to another person without consideration of payment or promise of payment including, but not limited to, gifts and loans.

So, say you want to temporarily "loan" one of your firearms to another shooter at the range so they can "try out" or "use" your firearm for one match, or you wish to temporarily "loan" one of your firearms to an up and coming young hunter for a part of the day out in the field, does WA State now require you to process the temporary "loan" of your firearm through an FFL holder beforehand?

BP wrote on Mar 11^th, 2016 at 2:55pm:


Very good question, and from what I understand one that many law enforcement personnel are also having trouble with the new Washington law. Most police departments have stated they have such a confusing law that they're stumped on how to enforce it, and wont even try.
When it was first presented, many people told me they interpreted the law as you couldn't even hand a gun to another person (with intent to sell) unless a dealer was in the middle of it to do the handling. Unsure if that's the way it's written or not, but sure has a lot of good honest gun owners confused and worried.