Antique Handguns

[littlejake]

Not sure if this belongs here or in legal or in the handgun forum... moderators, please move if not appropriate forum.

The S&W 1st model 32 safety hammerless was made from 1890 to 1902. If, by serial number, it is known to be manufactured prior to 1899, federal law considers it a non-firearm; permitting its interstate transfer to a person not in a denied class.

California law confuses me. Does such a transfer to a CA resident require a CA dealer in the loop? i.e. -- does CA treat an Antique handgun that fires a cartridge still available in commerce the same as federal law for the purpose of transfer???

I know CA treats antique handguns the same as modern under the loaded and concealed carry laws.

[Mssr. Eleganté]

For the purposes of selling, loaning and transferring, California does not consider "antiques" to be firearms. So the gun you describe can be transfered in California without going through an FFL. It doesn't matter that it can fire modern ammo. The fact that it was made before 1899 means it is exempt.

For just about every other section of the Penal Code that gun would be considered a firearm in California. PC Section 12001 is where "firearm" is defined in California law. You can see that 12001(e) gives the exemption to certain sections of 12071 and 12072. Those sections are the ones that deal with transferring firearms in California.

12001. (a)(1) As used in this title, the terms "pistol," "revolver," and "firearm capable of being concealed upon the person" shall apply to and include any device designed to be used as a weapon, from which is expelled a projectile by the force of any explosion, or other form of combustion, and that has a barrel less than 16 inches in length. These terms also include any device that has a barrel 16 inches or more in length which is designed to be interchanged with a barrel less than 16 inches in length.
(2) As used in this title, the term "handgun" means any "pistol," "revolver," or "firearm capable of being concealed upon the person."
(b) As used in this title, "firearm" means any device, designed to be used as a weapon, from which is expelled through a barrel a projectile by the force of any explosion or other form of combustion.
(c) As used in Sections 12021, 12021.1, 12070, 12071, 12072, 12073, 12078, 12101, and 12801 of this code, and Sections 8100, 8101, and 8103 of the Welfare and Institutions Code, the term "firearm" includes the frame or receiver of the weapon.
(d) For the purposes of Sections 12025 and 12031, the term "firearm" also shall include any rocket, rocket propelled projectile launcher, or similar device containing any explosive or incendiary material whether or not the device is designed for emergency or distress signaling purposes.
(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.

You can see that it just references the Federal definition of "antique" from the Gun Control Act. That's the definition that includes cartridge firing guns as long as they were made before 1899.

[bruceflinch]

So you don't have to be 21 to buy an antique handgun?

[littlejake]

For the purposes of selling, loaning and transferring, California does not consider "antiques" to be firearms. So the gun you describe can be transfered in California without going through an FFL. It doesn't matter that it can fire modern ammo. The fact that it was made before 1899 means it is exempt.

For just about every other section of the Penal Code that gun would be considered a firearm in California. PC Section 12001 is where "firearm" is defined in California law. You can see that 12001(e) gives the exemption to certain sections of 12071 and 12072. Those sections are the ones that deal with transferring firearms in California.



You can see that it just references the Federal definition of "antique" from the Gun Control Act. That's the definition that includes cartridge firing guns as long as they were made before 1899.

Thank you. That's what I was looking for.

[Mssr. Eleganté]

So you don't have to be 21 to buy an antique handgun?

You have to be at least 18. But you have to be at least 21 to buy cartridges for your antique handgun.