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Antique Designation applicability? (Read 1324 times)

RJ-35-40 Senior Forum Member Offline Posts: 334 Location: Saint Augustine Joined: Dec 7^th, 2016	Antique Designation applicability? Mar 2^nd, 2022 at 12:10pm	Print Post
	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] Last Reviewed May 22, 2020 (You need to *Login* or *Register* to view media files and links) 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 Frequent Elocutionist Offline Posts: 4482 Location: Rocky Mountains Joined: Oct 30^th, 2011	Re: Antique Designation applicability? Reply #1 - Mar 2^nd, 2022 at 2:10pm	Print Post
	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 Senior Forum Member Offline Posts: 334 Location: Saint Augustine Joined: Dec 7^th, 2016	Re: Antique Designation applicability? Reply #2 - Mar 2^nd, 2022 at 4:37pm	Print Post
	oneatatime wrote on Mar 2^nd, 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 Frequent Elocutionist Offline Posts: 1151 Joined: Sep 27^th, 2012	Re: Antique Designation applicability? Reply #3 - Mar 2^nd, 2022 at 4:55pm	Print Post
	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 Frequent Elocutionist Offline Posts: 4482 Location: Rocky Mountains Joined: Oct 30^th, 2011	Re: Antique Designation applicability? Reply #4 - Mar 2^nd, 2022 at 5:15pm	Print Post
	Exactly.


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