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Is A FFL Required For Me To Ship This Pistol?

6BladeKnife6BladeKnife Member Posts: 3 ✭✭
edited May 2002 in Ask the Experts
I recently sold a Smith & Wesson .38 Double Action Pistol that was made in 1892. The "original condition" gun is old enough to be considered an antique, but the problem is, it is capable of firing currently manufactured .38 cal. ammunition. I've ask two different ATF agents (whether or not) I can ship the gun (out of state) directly to the buyer, and I have been given two totally different answers to my question.

Can anyone tell me if I have to ship the pistol to a FFL Holder, or someone with a C&R license, or is it OK for me to ship the gun directly to the (non-licensed) buyer? Thank you in advance for your advice. Carl
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Comments

  • nmyersnmyers Member Posts: 16,887 ✭✭✭✭
    edited November -1
    Under federal law, it is not considered a firearm; it can be shipped directly to a non-licensee. The fact that it fires a cartridge that is currently available is irrelevant. BATF agents usually give accurate advice, but sometimes make a mistake. You can go to the "source" and read it for yourself: Federal Firearms Regulations Reference Guide (ATF P 5300.4), available online on their website.

    Local law in the recipients state, however, may restrict this transaction. Check State Laws and Published Ordinances-Firearms (ATF P 5300.5), or have the recipient check with his police dept. (This is HIS problem, not yours, since, if you live in another state, you couldn't be held responsible for violations of HIS local laws.)

    Neal
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  • EOD GuyEOD Guy Member Posts: 931 ✭
    edited November -1
    A lot of people get confused about the modern cartridge thing. That prohibition only applies to REPRODUCTIONS of antique firearms.
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  • 6BladeKnife6BladeKnife Member Posts: 3 ✭✭
    edited November -1
    Thank you Neil, and "EOD Guy" for taking the time to respond to my inquiry. I appreciate your information! Sincerely, Carl
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