8. ANTIQUE FIREARMS UNDER THE GCA, NFA
AND THE ARMS EXPORT CONTROL ACT
Under section 921(a)(16) of the GCA, 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; and
(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."
Under section 5845(g) of the NFA, antique firearm means:
"...Any firearm not designed or redesigned for using rim fire or conventional center fire ignition with fixed ammunition and manufactured in or before 1898 (including any matchlock, flintlock, percussion cap, or similar type of ignition system or replica thereof, whether actually manufactured before or after 1898) and also any firearm using fixed ammunition manufactured in or before 1898, for which ammunition is no longer manufactured in the United States and is not readily available in the ordinary channels of commercial trade."
To illustrate the distinction between the two definitions of antique firearm under the GCA and NFA, a rifle manufactured in or before 1898 would not come under the provisions of the GCA, even though it uses conventional ammunition. However, if such rifle has a barrel of less than 16 inches in length AND uses conventional fixed ammunition which is available in the ordinary channels of commercial trade, it would still be a firearm subject to the provisions of the NFA.
An antique firearm as defined in BOTH the GCA and NFA is exempt from all of the provisions and restrictions contained in both laws. Consequently, such an antique firearm may be bought, sold, transported, shipped, etc., without regard to the requirements of these laws.
Under the Arms Export Control Act certain "antique firearms" are not subject to the import controls under that Act. These "antique firearms" are substantially the same as those exempted under the GCA, except that replicas of firearms manufactured after 1898 are exempt from the Arms Export Control Act only if they have a matchlock, flintlock, percussion cap or similar type of ignition system. No all-inclusive list of antique firearms is published by ATF.
