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Posted: 1/2/2016 9:42:27 AM EDT
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This happens to me every time I sell an 1873 or 1884 Springfield Trapdoor rifle on GB. I always require an FFL for these because they use modern centerfire ammo, but it never fails, interested buyers email me telling me that these rifles are considered antiques and FFLs are not required. Some of them are down right rude about it. The ATF definition of an antique does tend to confuse the mind when you read it over and over. I do not like emailing the ATF, but it might be worth it for this. Then I could attach their reply letter to potential buyers who bust my balls about this.. Any opinions, thoughts, am I even right or wrong?
Here is the most recent email that was sent to me: I believe you may be incorrect on the FFL requirement. If this rifle was manufactured before 1898 (as all original Trapdoors were) then the BATF rules state that it is an antique and an FFL transfer is not required, unless you live in certain states. There is the possibility of confusion in CFR 478.11 and if not read carefully you will be led to believe that certain firearms require an FFL transfer when actually they are exempt. It states that any firearm manufactured in or before 1898 is exempt. It goes on to clarify that replicas that are designed to fire modern ammo do require an FFL. That is where some folks get confused. Here's the reg in question: Antique firearm. (a) Any firearm (including any firearm with a matchlock, flintlock, percussion cap, or similar type of ignition system) manufactured in or before 1898; and (b) any replica of any firearm described in paragraph (a) of this definition if such replica (1) is not designed or redesigned for using rimfire or conventional centerfire fixed ammunition, or (2) 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. |
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I'm not an FFL but the text states Antique firearm. (a) Any firearm (including any firearm with a matchlock, flintlock, percussion cap, or similar type of ignition system) manufactured in or before 1898; and (b) any replica of any firearm described in paragraph (a) of this definition if such replica (1) is not designed or redesigned for using rimfire or conventional centerfire fixed ammunition, or (2) 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. https://www.atf.gov/firearms/qa/do-antique-firearms-come-within-purview-gca No, assuming the antique firearm is not a replica designed or redesigned for using rimfire or conventional centerfire fixed ammunition. The antique firearm also cannot be a black powder muzzle loading weapon that incorporates a firearm frame or receiver, have been converted into a muzzle loading weapon, or uses fixed ammunition (or readily converted to do so). [18 U.S.C. 921(a)(3) and (16); 27 CFR 478.11 and 478.141(d)] |
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Quoted:
This happens to me every time I sell an 1873 or 1884 Springfield Trapdoor rifle on GB. I always require an FFL for these because they use modern centerfire ammo, but it never fails, interested buyers email me telling me that these rifles are considered antiques and FFLs are not required. Some of them are down right rude about it. The ATF definition of an antique does tend to confuse the mind when you read it over and over. I do not like emailing the ATF, but it might be worth it for this. Then I could attach their reply letter to potential buyers who bust my balls about this.. Any opinions, thoughts, am I even right or wrong? Here is the most recent email that was sent to me: I believe you may be incorrect on the FFL requirement. If this rifle was manufactured before 1898 (as all original Trapdoors were) then the BATF rules state that it is an antique and an FFL transfer is not required, unless you live in certain states. There is the possibility of confusion in CFR 478.11 and if not read carefully you will be led to believe that certain firearms require an FFL transfer when actually they are exempt. It states that any firearm manufactured in or before 1898 is exempt. It goes on to clarify that replicas that are designed to fire modern ammo do require an FFL. That is where some folks get confused. Here's the reg in question: Antique firearm. (a) Any firearm (including any firearm with a matchlock, flintlock, percussion cap, or similar type of ignition system) manufactured in or before 1898; and (b) any replica of any firearm described in paragraph (a) of this definition if such replica (1) is not designed or redesigned for using rimfire or conventional centerfire fixed ammunition, or (2) 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. You're wrong. Any firearm manufactured before 1 January 1899, is an antique, and not subject to the 1968 GCA. Some antique firearms ARE subject to the 1934 NFA, however. |
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Quoted:
....The ATF definition of an antique does tend to confuse the mind when you read it over and over.... No offense...........but whut? 
Antique firearm. (a) Any firearm (including any firearm with a matchlock, flintlock, percussion cap, or similar type of ignition system) manufactured in or before 1898; and (b) any replica of any firearm described in paragraph (a) of this definition if such replica (1) is not designed or redesigned for using rimfire or conventional centerfire fixed ammunition, or (2) 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. It's pretty damn clear no matter how many times you read it. 1. if its manufactured before 1898 its an antique......PERIOD. Don't read any further. 2. If it's a replica as described in (b) it must meet the criteria of (1) and (2). |
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