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View Full Version : need the codes that pretain to the xfer of antique firearms.


cseabass
10-29-2007, 1:32 PM
just as it says in the title my boss and i are having a disagreement on the legalities. so i was wondering if i could get the codes from the fine calgunners.

Bill i could use ya here.




thank you,
Ian

bwiese
10-29-2007, 1:48 PM
I'm not too up on antiques and C&R stuff details on Fed level. Perhaps you have a more specific question - "Is XYZ exempt?"

Under CA law, 12125-12133PC covers the whole 'unsafe handguns' suite, incl. Roster maintenance, drop testing, SB489 stuff - as well as exemptions (dimensionally-compliant single action revolvers & single shot pistols, and C&R stuff).

12125(b)(3) PC exempts from Roster/safe handgun testing/etc. matters:

12125(b)(3) Firearms listed as curios or relics, as defined in Section
478.11 of Title 27 of the Code of Federal Regulations."

cseabass
10-29-2007, 1:51 PM
thats just HSC reqs. what im looking for is infro pretaining to the FTF xfer of them not needing a dealer for antiques.

JawBone
10-29-2007, 2:13 PM
Cal. Penal Code 12072(d) [for reference]:

(d) Where neither party to the transaction holds a dealer's license issued pursuant to Section 12071, the parties to the transaction shall complete the sale, loan, or transfer of that firearm through a licensed firearms dealer pursuant to Section 12082.

Cal. Penal Code 12001(e):

(e) For purposes of Sections 12070, 12071, and paragraph (8) of subdivision (a), and subdivisions (b), (c), (d), and (f) of Section 12072,the term "firearm" does not include an unloaded firearm that is defined as an "antique firearm" in Section 921(a)(16) of Title 18 of the United States Code.

18 U.S.C. 921(a)(16):

(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.

cseabass
10-29-2007, 4:18 PM
thats what i needed.

BCS Paladin
12-02-2008, 1:18 PM
Thanks also for info posted regarding antiques.
I have a couple of antiques I want to buy on Gun Broker. There are some real "misinformed" sellers out there.
Just a side point but Im getting pretty sick about their dumb sheet attitudes and spelling of California.

Any event it appears quite clear to me that there are no restrictions on me buying an antique pistol or rifle on Gun Broker and having it mailed directly to my house. No FFL of any kind is required to be involved in the transaction.

Im not talking about the rare exceptions that might happen like an old old double barrelled shot gun that has been cut down to 12 inches etc.