What exactly is an antique?

[illinoisburt]

Looking at the Federal definition seems indicate 2 categories - those firearms manufactured pre-1898, and replicas of those firearms which do not use readily available centerfire or rimfire ammunition. Certainly states may have more restrictive rules, but generally how are older cartridge rifles treated?

For example if one wanted to purchase a 1891 Mosin, 1895 Mauser, or older lever or falling block 45-70 with receiver dated pre-98 ? Would they be mail order like black powder guns are in some states, or subject to 4473?

 

[Jim Watson]

I recall Sportsman's Guide advertising pre-98 Mexican Mausers for mail order sale.
GEW 88s from them or other dealer, too.

Haven't seen them lately. Supplies dried up or regulation in excess of GCA?
I don't know.

 

[AlexanderA]

Actually it's pre-1899. The law defines an antique as any firearm manufactured "in or before 1898." Note that this is the date it was actually manufactured, not the model date. If you have a model that was manufactured both before and after the cutoff date, such as a Model 1898 Mauser or a Model 1898 Krag (or a Mosin, Carcano, or earlier model Mauser), you have to compare the serial number to the production records. If the serial number records are not available, it's presumed to be post-1898.

 

[Frank Ettin]

To be sure that we have a common understanding of the applicable federal law definitions, under federal law, "firearm" is defined as (18 USC 921(a)(3)):

(3) The term “firearm” means

(A) any weapon (including a starter gun) which will or is designed to or may readily be converted to expel a projectile by the action of an explosive;

(B) the frame or receiver of any such weapon;

(C) any firearm muffler or firearm silencer; or

(D) any destructive device.
​

Such term does not include an antique firearm.

And just to cover all the bases, "antique firearm" means (18 USC 921(a)(16), emphasis added):

(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.​

Note also:

1. These definitions are for the purposes of federal law relating to the shipment and/or transfer of firearms. Different definitions might apply under state law relating to the shipment and/or transfer of firearms.
   
   
2. Notwithstanding definitions of antique firearms for the purposes of laws relating to the shipment and/or transfer of firearms, state laws relating to the possession, carrying, and/or use of firearms or dangerous weapons generally could still apply to antique firearms.

 

[Jim Watson]

"Pre '98 antique" is kind of like "Pre '64 Winchester" vs "Post '64 Winchester." Did Winchester not make rifles in 1964? They did, because like Antique means "Pre END OF 1898" so does "Post '64 Winchester" means "Post BEGINNING OF 1964."

Not only do you run into trouble trying to apply Federal definitions to State situations, you can bump up against other agencies' regulations. I had the very devil of a time trying to mail a pellet gun. The only Walther pellet gun shop in North America is in Canada. They require pellet guns be mailed with appropriate Customs forms. The postal clerk got plumb hysterical over my .177 Walther LP2, it was a PISTOL! I had to get a FFL to provide the necessary paperwork to mail ANYTHING handheld that would launch a projectile.

Like shipping a gun to yourself at a hunting camp, etc. Legal, but the common carriers won't touch it.