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Firearms transcending the 1899 Antique rule

sandwarriorsandwarrior Member Posts: 5,453 ✭✭✭
edited March 2018 in Ask the Experts
So, a previous question came up about firearms/antiques that may pre-date or post-date the 1899 rule.

I know a gunshop owner who called on a 1895 Chilean that was sporterized and was told the sporterization was after 1899, and therefore a firearm.

I do not know the actual date of manufacture. The shop owner did give serial and model no. to the ATF. The response he got was it was a firearm because of the modification.

Now, Bert H. gave a good response in Springfield trapdoors being antiques no matter the modification. I thought the same thing about muzzle loaders never being firearms.

So, with a number of firearms being built across the 1899 timeline, would the response I heard be based on "You don't know, so they are all firearms?"

The rifle I mentioned goes along with a number of Mauser and Steyr contract rifles, along with Winchester lever actions and Savage lever actions.

What if there is no determining date? Serial number records don't show DOM?

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    Bert H.Bert H. Member Posts: 11,279 ✭✭✭
    edited November -1
    If the firearm in question can be proven to have been manufactured before January 1st, 1899, it is an "Antique" regardless of whether or not it has been sporterzed or altered, or when it was altered. Fortunately, all Winchester firearms that transcend the 1898/1899 timeframe can be verified. Colt, Marlin, and Springfield Krag Rifles can also be verified. For any firearm that the DOM cannot be verified, a BATF determination letter would be the safest bet.
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    11b6r11b6r Member Posts: 16,588 ✭✭✭
    edited November -1
    Unlike a C&R, which must remain in "original configuration", an antique firearm is still an antique- NOT a firearm. That has been the direction given by the ATF Firearms Tech Branch, and not the opinion of a local office.

    However, if the gun fires ammo available in ordinary trade, do NOT convert one into an NFA firearm. Even if your Gatling Gun was made in 1895, adding an electric motor to it is a no-no. Bert is quite correct.
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