PDA

View Full Version : Unloaded Antique Question


halifax
10-29-2007, 4:46 PM
12001.
...
(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.

So an unloaded antique is not a firearm when it comes to DROSing, but if it's loaded it needs to be DROSed? WTF?

A FFL receives an antique shotgun from out-of-state. If its unloaded is it exempt from DROS?

Again, help un-confuse me.

Thanks

Piper
10-29-2007, 6:54 PM
As I understand it, any fire made prior to 1898 and any firearm that is a reproduction or replica of that type o firearm is not a firearm if it is unloaded. It's pretty much cut and dry.

CSACANNONEER
10-29-2007, 6:59 PM
As I understand it, any fire made prior to 1898 and any firearm that is a reproduction or replica of that type o firearm is not a firearm if it is unloaded. It's pretty much cut and dry.

I've always wondered why my 1954 model 94 isn't classified as a reproduction of my 1897 model 94.

JawBone
10-29-2007, 7:10 PM
I've always wondered why my 1954 model 94 isn't classified as a reproduction of my 1897 model 94.

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.


Basically, "Replicas" have to be blackpowder to qualify as an antique.

CSACANNONEER
10-29-2007, 7:17 PM
Thanks, I guess I always just skimmed over that part because, it didn't make a difference to me.

JawBone
10-29-2007, 7:20 PM
An 1897 94...that's a nice piece of history! :drool5:

CSACANNONEER
10-29-2007, 7:39 PM
An 1897 94...that's a nice piece of history! :drool5:

I lied! I was just trying to understand the law better. The earliest 94 I have is a 1899 that was rebarreled with a 1920's barrel.

metalhead357
10-29-2007, 9:16 PM
1898???????

I thought it was anything before 1899:confused:

JawBone
10-29-2007, 9:19 PM
You have it right...."manufactured in or before 1898"= before 1899 ;)

halifax
10-29-2007, 10:39 PM
So if it's not a firearm by definition none of the gun laws apply? No ATF, BOF, nothing. The guy in the other state can just mail the hunk of metal to someone here?

Scarecrow Repair
10-30-2007, 8:20 AM
Basically, "Replicas" have to be blackpowder to qualify as an antique.

There must be more to it than that. Replica Colt SAAa from 1873 don't qualify. But I have a replica 1858 Remington and its conversion cylinder to fire black powder cartridges, all cash and carry.