antique?

[RJTravel]

Inquired on another board but no response. Henry is now producing the Original Henry Rifle in .44-40. It is a reproduction of that which was available prior to 1898 - even in its smokless version. Would this fall under the 'antique repro' definition and not then be subject to FFL, BG checks, etc? If so, it could be purchased over-the-counter just like a C&B revolver - without all the bother. Whacha think?
Richard

 

[rromeo]

.44-40 ammo is a fixed cartridge, and readily available, so no.

 

[Jim Watson]

You got a link for that, RJ?
I cannot find mention of the modern Hernry Repeating Arms making a real repro.
But as rromeo says, new made in a current caliber does not qualify as an antique.

Uberti made a very few close repros right down to the .44 Henry rimfire.
THOSE sold as less regulated imitation antiques, but their readily shootable .44-40s never have.

 

[hirundo82]

Uberti has had a repro of the 1860 Henry for quite a while--it's a Title 1 firearm. Same with the numerous other reproductions of firearms designed in the early cartridge era.

The relevant federal law is 18 USC Section 921:

(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.

All the C&B revolvers fall under (B)(i) and (C). With the variety of ammo available today over the Internet, for a firearm to fall under (B)(ii), you'd have to chamber it in something really obscure, like one of the larger extinct rimfire rounds or something foreign (eg a cartridge only used by Latvia between 1887 and 1889).

 

[Jim Watson]

To quote a usually reliable source (ME!) Uberti did make a few correct .44 rimfires, qualifying under B ii.

I am still interested to learn about a Henry branded repro, even if in .44-40.

 

[RJTravel]

Sorry - I'm not 'puter literate. Hit 'The Truth About Guns' site and search 'Original Henry Rifle'. Don't know if .44-40 is the only selection. Per the fed laws cited above it seems that the disqualifier would be the caliber, assuming that is the only offering - however I am almost always wrong when trying to interpret law.
Richard

 

[Texan Scott]

Go for a reproduction cap and ball revolver, like a Remington 1858. Black powder, lead balls, caps and Crisco. They even come in stainless steel. In most states you can have all of it mailed to your house.