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1/22/2020 12:12:56 PM
Posted: 1/1/2007 7:20:19 AM EST
Is a lever action rifle made in or before 1898 with a barrel less than 16 inches a 'short barreled rifle' under the GCA of 1968?

Thanks
Link Posted: 1/1/2007 7:26:42 AM EST
[Last Edit: 1/1/2007 7:27:52 AM EST by NAM]

Originally Posted By CRC:
Is a lever action rifle made in or before 1898 with a barrel less than 16 inches a 'short barreled rifle' under the GCA of 1968?

Thanks


Appears certain ones are, others aren't.


Weapons removed from the NFA as collector's items which are determined to be curios or relics subject to the provisions of the GCA.

www.atf.gov/firearms/curios/sec3.htm


Weapons removed from the NFA as collector's items which are antiques not subject to the provisions of the GCA.

www.atf.gov/firearms/curios/sec3a.htm
Link Posted: 1/1/2007 7:31:24 AM EST
So a lever gun with say a 14" barrel made in or before 1898 declared exempt from the NFA (26 USC) is reciprocally exempt from the 'sbr' defintion in the GCA (Title 18 USC)?

Link Posted: 1/1/2007 8:00:50 AM EST
[Last Edit: 1/1/2007 8:04:25 AM EST by NAM]

Originally Posted By CRC:
So a lever gun with say a 14" barrel made in or before 1898 declared exempt from the NFA (26 USC) is reciprocally exempt from the 'sbr' defintion in the GCA (Title 18 USC)?



Depends which list it is on. Both lists have been removed from the NFA. One was also exempt from the GCA, one list was not.

Disclaimer, I am no lawyer.

Seeing it was made before 1898, one would assume it is an antique per GCa, and therefore not a "firearm". However, since it is technically an SBR, i do not know.

"(A3) Do antique firearms come within the purview of the GCA? [Back]


No.

[18 U.S.C. 921(a)(3) and (16), 27 CFR 478.11 and 478.141(d)]"

Link Posted: 1/1/2007 10:14:28 AM EST

Originally Posted By CRC:
So a lever gun with say a 14" barrel made in or before 1898 declared exempt from the NFA (26 USC) is reciprocally exempt from the 'sbr' defintion in the GCA (Title 18 USC)?



Original <16" "Trapper" rifles pop up now and again.

This sounds ugly (especially in light of the Akins mess), but write a letter to tech branch requesting it be officially noted as removed from the purview of the NFA. They'll want to inspect it- should be it original, it's removed.

Mike
Link Posted: 1/1/2007 12:28:17 PM EST
The ATF has a list of "curio and relics"which includes the serial number ranges by manufacturer, included in this list is the majority of short barreled rifles such as the Winchester lever actions. Do a Google search, most likely your rifle is one that is exempt from the NFA.
Link Posted: 1/1/2007 12:50:14 PM EST

Originally Posted By Triangle-66:
The ATF has a list of "curio and relics"which includes the serial number ranges by manufacturer, included in this list is the majority of short barreled rifles such as the Winchester lever actions. Do a Google search, most likely your rifle is one that is exempt from the NFA.


Already posted. Also, that list is not all inclusive. as iffy as it is, your best bet is probably getting it in writing. Or having a lawyer get it in writing for you.
Link Posted: 1/3/2007 6:01:18 AM EST
I don't own one but I saw a picture of one and it made me ask.

Thanks for the info
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