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Posted: 3/24/2012 6:58:57 PM EDT
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Hi fellas, I was in a pawn shop today looking at an 1893 Turkish Mauser.
The owner of the shop was a nice enough guy and while we were shit shooting, told me that all metallic cartridge firearms, regardless of age, are now legal firearms and must be put in his bound book. Have I been hiding under a rock? When did this change? |
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Nope. Didn't change. Pull the BATFE reg.
http://www.atf.gov/firearms/faq/collectors.html#antique-definition Gig 'em, backbencher |
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Quoted:
That's what I thought, I'm wondering if I should point it out to him or just let it lie. Is it against the rules to log an antique firearm as it falls outside the bounds of the 68 gca and is therefore NOT the business of the ATF? Edit: spelling No. In fact if you read ATF Ruling 2008-2 (deals with computerized log books) it states: Printouts may include antique firearms, but cannot include other merchandise. However, antique firearms must be identified as “ANT” in the “firearm type” column. |
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Quoted: Scary how many people sell guns for a living, but don't know squat about the laws I kind of agree with you, however the sheer number of laws and regulations is overwhelming. I think a lot of dealers just decide to err on the side of caution and make their own policies. Instead of researching the production dates it might be easier for the dealer in question to say, "hell with it, all cartridge guns I sell will have 4473s......" |
| People are still getting bad info on this topic from ATF. Recently I heard of a dealer who said that he called ATF on this, and they said that if a certain firearm used ammunition that was currently availble, regardless of when the firearm was made, then it was not an antique. This simply isn't true, and dealers need to look this information up on their own and challenge some this bad information. |
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(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 (C) any muzzle loading rifle, muzzle loading shotgun, or muzzle loading pistol, which is designed to use black powder, or a black powder substitute, and which cannot use fixed ammunition. For purposes of this subparagraph, the term "antique firearm" shall not include any weapon which incorporates a firearm frame or receiver, any firearm which is converted into a muzzle loading weapon, or any muzzle loading weapon which can be readily converted to fire fixed ammunition by replacing the barrel, bolt, breechblock, or any combination thereof. Anything 1898 or earlier falls under definition (A) and is exempt regardless of cartridge availability. Ammo type becomes important for firearms which are exempt under definition (B) as replicas of pre-1899 firearms. They are exempt only if they cannot use cartridge ammo, or so long as their cartridge ammo is not available "in the channels of commerce" Consider four guns - all nearly identical: 1) Mauser 1898 chambered in 8x57 manufactured on 12/31/1898 - antique firearm under (A) 2) Mauser 1898 chambered in 8x57 manufactured on 1/1/1899 - modern firearm - not under (A), fails ammo exception under (B)(i) and (B)(ii) 3) Mauser 1898 replica chambered in 8x57, manufactured yesterday - modern firearm - not under (A), fails ammo exception under (B)(i) and (B)(ii) 4) Mauser 1898 replica chambered in some oddball caliber no longer made, manufactured yesterday - antique firearm under (B)(ii) until and unless someone starts making the oddball caliber again commercially. However, the owner could privately make the oddball ammo for his own use. 1) and 2) are both C&R qualified, too, however. |
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