In
the United States any weapon manufactured prior to1899 is usually
considered an antique. These firearms receive special exceptions to
federal regulations. Australia, Canada, the Netherlands, Norway, the UK
also have similar exceptions
though the year of manufacture cut off varies slightly. The threshold
is pre-1898 in Canada, and pre-1901 in Australia. England has exemptions
for certain antiques but no specific year based cut off. Here are the
exact guidelines from the United States Code
for a firearm to be classified as an antique.
18 U.S.C., § 921(A)(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; and is not designed or redesigned for using rimfire or
conventional centerfire fixed
ammunition, or 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.
C. Any muzzle loading rifle,
muzzle loading shotgun, or muzzle loading pistol, which is designed to
use black powder, or black powder substitute, and which cannot use fixed
ammunition. For purposes of this subparagraph, the term antique
firearm shall not include any weapon which includes 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.
The NFA also dictates that “The term “firearm” shall not include an antique firearm..."26 U.S.C. § 5845(a).
That
whole “fixed ammo/ readily available” part is the source of a lot of
confusion. One could argue that none of these weapons was designed to
shoot modern ammo; almost all were based on black powder loads which are
not readily available.
Luckily to save the confusion a hair splitting the ATF has determined
that any firearm made in or before 1898 is an antique, and not subject
to the provisions of the gun control act of 1968, or the NFA. The only
exceptions are machine guns, short barreled
shotguns and rifles, and “destructive devices”. And of course the term
“destructive device requires another set of inclusive specifications
listed below. Keep in mind that like any other law it depends on what
enforcement Officer or Official you ask. There
is always a little room for interpretation and a lot of room for
ignorance and preferential or selective enforcement.
For the purposes of the National Firearms Act, the term “Destructive Device” means:
- A missile having an explosive or incendiary charge of more than 1/4 oz.
- Any type of weapon by whatever name known which will, or which may readily be converted to expel a projectile, by the action of an explosive or other propellant, the barrel or barrels of which have a bore greater than one-half inch in diameter.
- A combination of parts designed and intended for use in converting a device into a destructive device and from which a destructive device can be readily assembled.
Antique
firearms are used primarily for collection and display purposes. The
ones that are designed for cartridge type ammunition are designed for
use with black powder loads which produce less pressure and therefore do
not require the
metal to be as hardened and strong as a modern firearm. Plus they are
over 100 years old! For these reasons anyone who is planning on firing
an antique firearm should use only black powder loads. The firearm
should also be thoroughly checked out by a gunsmith.
This is not to say that all of these guns are unsafe to shoot, in fact
some are probably as good or better quality than ones you would buy in a
store today. A lot of people shoot their antique guns on a regular
basis and I’m sure some are still used for hunting
or self-defense. I use to carry and old Smith and Wesson model 1 ½ as
my truck gun.
One
of the biggest benefits of collecting antique firearms is they are no
longer even considered as firearms under law by the ATF and NFA. This
means they have no jurisdiction over them and cannot control their sale,
possession or transport.
For you as a collector this is a huge advantage because you can buy
them without any licensing requirements or background checks. No ATF
forms to fill out or red tape to go through. You can also have them
shipped directly to your house or ship them directly
to your buyer using any shipping method you choose. I have received
many antique revolvers in USPS flat rate mailing boxes right in the
mailbox. Of course you want to check your state and local laws
regarding this but most or all state laws mirror or reference
the above definition and do not regulate their sale or transport. Of
course I would recommend some self-imposed common sense guidelines when
selling or shipping. I require a proof of age and photo ID to be sure
that the person is at least 18. I would also
NEVER ship a loaded weapon or even ship a weapon in the same container
as ammunition. I make sure I communicate to the buyer that it is their
responsibility to be sure they can legally possess such an antique. I
also make sure I include in communications
the following … “This Antique firearm is sold for collection and
display purposes only. It should be thoroughly inspected for safety by a
competent and qualified gunsmith if you plan on firing it. Ammo should
also be verified by the gunsmith to ensure it is
of the proper chambering and powder type”.
Not
all firearms of course have a date of manufacture stamped on them so
sometimes you will have to research to find if a certain piece was
manufactured prior to 1889. Some models were all manufactured pre-1889
and some you have to know
the serial number range to determine if it qualifies. There is a handy
list of a lot of popular firearm models I found on the Empire Arms
website HERE
https://www.empirearms.com/pre-1899.html
, it was compiled by James Wesley Rawles. He also has a handy Q&A
on Antique firearms qualifications that may cover some things I did not
cover in this article.