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Posted: 10/30/2006 5:07:08 AM EST
US law says that any firearm made in or before 1898 is an antique under the GCA.

The Winchester 1897 slide action shotgun was produced from 1897 to 1957.

So any of those shotguns made in or before 1898 are antiques.

Would you consider those made from 1899 to 1957 replicas of ones made in 1897 and 1898?

Link Posted: 10/30/2006 5:10:33 AM EST
They would be replicas not antique's..
Link Posted: 10/30/2006 5:11:09 AM EST
I'm honestly just curious... can you tell me why this would matter?


Link Posted: 10/30/2006 5:14:50 AM EST
Because I am trying to amend the definition of 'antique firearm' in the National Firearms Act.

Link Posted: 10/30/2006 5:24:11 AM EST

Originally Posted By CRC:
US law says that any firearm made in or before 1898 is an antique under the GCA.

The Winchester 1897 slide action shotgun was produced from 1897 to 1957.

So any of those shotguns made in or before 1898 are antiques.

Would you consider those made from 1899 to 1957 replicas of ones made in 1897 and 1898?



You could use M96 and GEW98 mausers, Mosin Nagants, and M1895 Nagants as examples as well.

I have a Finnish M39 Sako. The receiver is actually an 1897 Tula so it is an antique even though it was rebuilt in 1944 into an M39 by Sako.

I do not see any of the later M38, M44 or m91/30 Mosin Nagants as 'replicas' of the M1891, as they were continuation of production and variants in their own right. I see a replica as something that was made at a later date after production was stopped by the original producers.
Link Posted: 10/30/2006 5:27:52 AM EST

Originally Posted By CRC:
Because I am trying to amend the definition of 'antique firearm' in the National Firearms Act.


Excellent. I wish you luck.

However, what I meant was not why it matters to you, but rather, the relationship between antiques and replicas. I have only heard bits and pieces... I hope to learn a little more about this, and where it can be beneficial to us.

Thank you for the answer you gave though.
Link Posted: 10/30/2006 5:28:08 AM EST
So it would have to be a variant made in or before 1898 that was continued past 1898?

Link Posted: 10/30/2006 5:29:17 AM EST
[Last Edit: 10/30/2006 5:30:20 AM EST by CRC]
A BILL
To make conforming changes to the definition of ‘antique firearm’ in Federal tax and criminal law

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,


SECTION 1. SHORT TITLE.
This Act may be cited as the ..........


SEC. 2. FINDINGS

(1) The definition of ‘antique firearm’ is not the same in Federal criminal law as it is in Federal tax law.

(2) In 1954 Congress expressly made clear in Public Law 83-591 that ‘...blunderbusses, muzzle-loading shotguns, and other ancient or antique guns..’ should not be made subject to the National Firearms Act but some still are.

(3) In 1999 Congress exempted all muzzle loading black powder firearms from the Gun Control Act but not from the National Firearms Act.

(4) Many antique rifles are not subject to the Gun Control Act but are subject to the National Firearms Act.



SEC. 3. STANDARDIZING AMENDMENT

Section 5845(g) of Chapter 53 Title 26 United States Code is rewritten to read:

‘The term “antique firearm” has the same meaning (including replicas of such firearms) as found in Section 921(a)(16) of Chapter 44 Title 18 United States Code.’
Link Posted: 10/30/2006 3:11:09 PM EST

Originally Posted By CRC:
US law says that any firearm made in or before 1898 is an antique under the GCA.

The Winchester 1897 slide action shotgun was produced from 1897 to 1957.

So any of those shotguns made in or before 1898 are antiques.

Would you consider those made from 1899 to 1957 replicas of ones made in 1897 and 1898?



They would be neither. A replica is a reproduction of something that used to be made. The 97s made from 1899 - 1957 were just a continuation of the original production run.
Link Posted: 10/30/2006 3:21:26 PM EST

Noun 1. replica - copy that is not the original; something that has been copied

So an 1897 Winchester made in 1899 is not a copy of one made in 1898 if it is the same model?
Link Posted: 10/31/2006 8:03:20 AM EST

Originally Posted By CRC:
Noun 1. replica - copy that is not the original; something that has been copied

So an 1897 Winchester made in 1899 is not a copy of one made in 1898 if it is the same model?


Thats the problem, a Win 1897 made in 1898 is just as much an original as one made in 1899 or 1900 and so on. If that was not the case, then only the firearms made in the first year of production are originals, and every year after that, only replicas/reproductions are made.

That would mean that the only original M1 Garands were the ones produced in the first year and that all of the WW2 and Korean war Garands are just replicas.

A replica of the M1 Garand is one of the CAI, SA Inc. Garands. They are not originals, they are reproductions made after the real USGI ones stopped production.
Link Posted: 10/31/2006 10:46:20 AM EST
But is that how the BATFE sees it?

Thanks
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