Question on Antiques.

[gun toting monkeyboy]

Ok, I have been looking into the whole SBS/SBR/AOW thing here in California with C&R guns. And it got me wondering, what is the status of antique weapons? The Pre-1898 ones that the ATF says aren't firearms. Can you cut an antique shotgun barrel down to under 18" without having to file the paperwork or get the tax stamp? Or a rifle to under 16"? Can antique handguns be carried loaded or concealed without permits? Or does the state have other laws that apply to this situation? And if there are laws that cover it, which ones are they? I'm just curious and looking for opinions at this point.

-Mb

[Mssr. Eleganté]

One problem is that the 1934 National Firearms Act has a slightly different definiton of "antique" than the 1968 Gun Control Act. The GCA says anything made before 1899 is an antique, even if it fires modern ammunition. But the NFA says cartridge firearms made before 1899 are only antiques if they can't fire commercially available ammunition. The NFA is also different in that SBR's and SBS's are considered "firearms" while regular rifles and shotguns are not considered firearms.

So if you have a Springfield Trapdoor rifle made in 1892, the GCA says it is not a firearm. But when you cut the barrel down below 16 inches, it all of a sudden becomes a firearm under the NFA.

California's Penal Code section on SBR's and SBS's uses the same defintion of "antique" as used the the NFA, but other parts of the PC refer to the GCA defintion of "antique".

California's definition of "loaded firearm" includes both cartridge and black powder weapons.