Question about antique handguns?

[ch60639]

What makes a handgun a true antique? is it just the year is was made (before 1898) or cannot use 'modern ammo?

there is an FFL in Costa Mesa i found while browsing gunbroker, and looks like he could be 'possibly' breaking the law with these top break revolvers.

I was thinking about buying one, but didnt want to break any laws.

here is link in question.

http://www.gunbroker.com/Auction/ViewItem.aspx?Item=330350480

[kemasa]

Well, there is the law, which has different definitions based on the PC sections, and then there is the view of the DOJ. One view is that because it accepts ammunition which is still available, it is not an antique, then there is the definition that if it is made before 1899, then it is an antique.

You can ask the CA DOJ and you might get an answer which does not follow the law, depending on which law you look at.

In other words the only way you will know if it is legal or not is if a judge rules on it.

[Mssr. Eleganté]

What makes a handgun a true antique? is it just the year is was made (before 1898) or cannot use 'modern ammo?

The Gun Control Act says any gun made before 1899 is an antique under federal law and is not considered a firearm, even if it uses modern ammo.

California law says that anything considered an antique under the Gun Control Act is exempt from having to be transfered through a California licensed dealer.

In the Gun Control Act, the whole part about not being able to use modern ammo only applies to guns made after 1898.

The National Firearms Act of 1934 has a more strict definition of "antique" that does include the restriction on being able to fire modern ammo. But the NFA only applies to machine guns, short barreled rifles and exotic stuff like that. California also uses this more strict definition of "antique" in part of the Penal Code having to do with exotic weapons, but not in the parts having to do with buying and selling firearms.