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-   -   Antique Status (http://forums.thecmp.org/showthread.php?t=236531)

carbineone 11-08-2018 08:30 AM

Antique Status
 
I have a guy trying to tell me he cannot ship a true Antique Firearm without a FFL to me because as it is chambered in .22 Caliber and that cartridge is still readily available. The company that made it went out of business in 1886. He is full of crap right? I have never heard that to be true. Made pre 1899 and it can ship to your door as far as I know.

horticattleman 11-08-2018 09:28 AM

Yes. It has nothing to do with the caliber, but rather the date of manufacture.

YellowSled 11-08-2018 11:02 AM

Yep, complete BS. The cartridge has nothing to do with the status.

Ohio Don 11-08-2018 11:22 AM

Quote:

Originally Posted by YellowSled (Post 1771132)
Yep, complete BS. The cartridge has nothing to do with the status.

Unless the cartridge is obsolete and hard to find. Then it can also cause a firearm to be classified as an antique. As this one that the OP is getting fires a .22 and still readily available, it falls back to the date of mfg. and can only be sold/transfered as a firearm to a person with an FFL. It is a curio and relic. Not an antique by definition.
Quote:

Originally Posted by BATFE
Antique Firearm

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.

https://www.atf.gov/firearms/firearm...itions-antique

So the seller is correct. The red part marked rules.

krdomingue 11-08-2018 11:32 AM

BS or not, you are at the mercy of the sellers willingness to ship. Some are just not willing to ship to any place other than an FFL. When I run across that, I factor the FFL cost into the overall price and decide how much I want it. Same as I would their shipping charges.

schutzen-jager 11-08-2018 11:58 AM

depends on where you live - here in NJ if the cartridge is available anywhere the production date does not matter , it is still classified as a firearm even though federal regulations classify it as an antique - NJ also does not recognize C+R licenses - - to obtain a 01 ffl license you must have a NJ dealers license first so that you must comply with both federal + NJ state laws -

YellowSled 11-08-2018 01:30 PM

1898 is a antique, regardless of the caliber.

aimit 11-08-2018 02:37 PM

Quote:

Originally Posted by YellowSled (Post 1771192)
1898 is a antique, regardless of the caliber.

Then how do you explain 26 U.S.C. 5845(G) in Ohio Dons above post. It does not seem to agree with you.

carbineone 11-08-2018 05:31 PM

I believe that section he posted is for Modern made replica Firearms of antiques only. Not for actual pre 1898 Manufactured Firearms.

missilegeek 11-08-2018 05:50 PM

Quote:

Originally Posted by Ohio Don (Post 1771139)
Unless the cartridge is obsolete and hard to find. Then it can also cause a firearm to be classified as an antique. As this one that the OP is getting fires a .22 and still readily available, it falls back to the date of mfg. and can only be sold/transfered as a firearm to a person with an FFL. It is a curio and relic. Not an antique by definition.
https://www.atf.gov/firearms/firearm...itions-antique

So the seller is correct. The red part marked rules.


Note the "or" here.



18 USC 921:



(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; or

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

(ii) 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; or


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