Antiques?

Gunplummer

New member
What is the minimum manufacture date on rifles to be classified as a non-FFL items? Every once and a while a barreled action pops up on ebay. Just curious.
 

Skans

Active member
Pre-1899 is "antique" and not (legally) considered a firearm for federal purposes. State laws may vary.

Last I checked, there was an attempt to revise this law to include firearms made pre 1914, but I don't know what happened to it.
 

carguychris

New member
Here is what the GCA of 1968 says, my emphasis in boldface.

18 USC § 921(a)(16):
(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.
27 CFR 478.11:
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 paragraph (a) of this definition if such replica (1) is not designed or redesigned for using rimfire or conventional centerfire fixed ammunition, or (2) 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.
From the NFA of 1934, 26 USC § 5845(g):
The term “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 the year 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.
Although the OP's question pertains to the GCA more so than the NFA, note that the definitions are subtly different. The GCA definition encompasses anything made prior to 1/1/1899. The NFA definition only encompasses firearms that cannot accept commercially-available fixed ammunition and were made prior to 1/1/1899. IOW if you want to build a SBR based on an 1893 Spanish Mauser receiver, you can buy the receiver without a NICS check, but you still need a tax stamp before you put it all together!
spacecoast said:
I think it also extends to firearms based on pre-1899 designs, such as modern replicas of Colt BP Revolvers.
Only if the weapon cannot accept commercially-available fixed ammunition. Refer to the above definitions.
 
Last edited:
Top