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RJ-35-40
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Antique Designation applicability?
Mar 2nd, 2022 at 12:10pm
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So if I have a gun that shoots ammunition that is not commercially available today out of a gun that was designed before 1898, but made afterwards like  a reproduction, is it a "Antique"

The rules for transferring "Antiques" are considerably less restrictive.

Is a NICS background check required for the transfer of antique firearms?

"No. Because weapons that meet the definition of an “antique firearm” are not firearms subject to the Gun Control Act, licensees need not conduct a background check when transferring an antique firearm."

Note: I don't believe this does not negate a 'prohibited persons' from purchasing

Anyone with knowledge on the subject?

The FFL transfer fees in my area are getting ridiculous. ($40.00) 

[18 U.S.C. 921(a)(3), 921(a)(16), 922(t); 27 CFR 478.11 and 478.102]

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The following is extracted from the Gun Control Act of 1968:

"(g) ANTIQUE FIREARM.—The term 'antique firearm' means any
firearm not designed or redesigned for using rim fire or conventional
1232 PUBLIC LAW 90-618-OCT. 22, 1968 [82 STAT.
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,/me  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.

Is 32-40 ammunition available in the ordinary Channels of commercial trade..

What about all the cartridges that have to be home made?
  
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oneatatime
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Re: Antique Designation applicability?
Reply #1 - Mar 2nd, 2022 at 2:10pm
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I'd say not an "antique" because no matter what it is a replica of or what cartridge it shoots it was not made in or before 1898.
  
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RJ-35-40
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Re: Antique Designation applicability?
Reply #2 - Mar 2nd, 2022 at 4:37pm
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oneatatime wrote on Mar 2nd, 2022 at 2:10pm:
I'd say not an "antique" because no matter what it is a replica of or what cartridge it shoots it was not made in or before 1898.


This is the language that make me wonder...
" whether actually
manufactured before [b][u]or after
the year 1898) "[/u][/b]
If it was designed and commercially available before 1898 but built after that date and there is no current commercially available ammunition..
  
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George Babits
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Re: Antique Designation applicability?
Reply #3 - Mar 2nd, 2022 at 4:55pm
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Just call or email the BATF,  give them all the specifics, and ask them.   But,  my thinking is that if it uses fixed ammunition and was manufactured after 1898 it is NOT an antique.    The "replica there of" applies only to muzzle loaders and things not using "fixed" ammunition.   That little bit means the paper cartridge Sharps replicas are classified as antiques under the law.

George
  
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oneatatime
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Re: Antique Designation applicability?
Reply #4 - Mar 2nd, 2022 at 5:15pm
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Exactly.
  
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