In order to participate in the GunBroker Member forums, you must be logged in with your GunBroker.com account. Click the sign-in button at the top right of the forums page to get connected.
Options
Antique firearms definition...WOW!
sandwarrior
Member Posts: 5,453 ✭✭✭
First off let me say, I thought it was pretty simple, cut & dried. It's not.
After reading and re-reading and comparing the two pieces of legislation that primarily govern what sales take place in the firearms world, I came to these conclusions.
Per the GCA (1968) definitions, ANYTHING made before or during 1898 is an "Antique Firearm"
HERE'S THE CATCH
Per the NFA (1934) the definition reads anything made prior to or during 1898 that is not rimfire or centerfire.... replicas, etc.
This is the catch. The NFA definition only applies to NFA weapons.
So, if you have a full auto or short, short-barreled, or AOW made before 1898, guess what!?!?!?!... It's an NFA weapon. You therefore have to register and pay a tax on it, like any other NFA weapon.
Now, back to the antiques we've all called antiques. Anything before 1899 (edited), cartridge or not, is an antique. Unless it meets any NFA criteria it's an antique.
The last two posts really threw me because going to the NFA regs., it was not clear that it had (edited) to be an NFA weapon to qualify under those regs.
FWIW, the two definitions are not at all the same. Clarity was difficult to see.
Edit:
quote:Originally posted by 0oAKo47o0
I think the antique definition should be expanded to early 1900's pieces who's technology is the same as the pre 1898 weapons.
Do you mean like Mausers? That would encompass current "claw type rifle extractors.
After reading and re-reading and comparing the two pieces of legislation that primarily govern what sales take place in the firearms world, I came to these conclusions.
Per the GCA (1968) definitions, ANYTHING made before or during 1898 is an "Antique Firearm"
HERE'S THE CATCH
Per the NFA (1934) the definition reads anything made prior to or during 1898 that is not rimfire or centerfire.... replicas, etc.
This is the catch. The NFA definition only applies to NFA weapons.
So, if you have a full auto or short, short-barreled, or AOW made before 1898, guess what!?!?!?!... It's an NFA weapon. You therefore have to register and pay a tax on it, like any other NFA weapon.
Now, back to the antiques we've all called antiques. Anything before 1899 (edited), cartridge or not, is an antique. Unless it meets any NFA criteria it's an antique.
The last two posts really threw me because going to the NFA regs., it was not clear that it had (edited) to be an NFA weapon to qualify under those regs.
FWIW, the two definitions are not at all the same. Clarity was difficult to see.
Edit:
quote:Originally posted by 0oAKo47o0
I think the antique definition should be expanded to early 1900's pieces who's technology is the same as the pre 1898 weapons.
Do you mean like Mausers? That would encompass current "claw type rifle extractors.
Comments
First off let me say, I thought it was pretty simple, cut & dried. It's not.
After reading and re-reading and comparing the two pieces of legislation that primarily govern what sales take place in the firearms world, I came to these conclusions.
Per the GCA (1968) definitions, ANYTHING made before or during 1898 is an "Antique Firearm"
HERE'S THE CATCH
Per the NFA (1934) the definition reads anything made prior to or during 1898 that is not rimfire or centerfire.... replicas, etc.
This is the catch. The NFA definition only applies to NFA weapons.
So, if you have a full auto or short, short-barreled, or AOW made before 1898, guess what!?!?!?!... It's an NFA weapon. You therefore have to register and pay a tax on it.....
I don't think it really can be called a "catch."
A few years ago a member here explained it this way:
givette
Advanced Member
11149 Posts
Posted - 11/03/2010 : 11:10:53 AM
The antique category is restricted to title I firearms only. Title one firearms are the Long gun, Handgun, Shotgun-everyday type guns. NFA firearms do not have an antique category.
If you alter, (manufacture a NFA/title two firearm yourself) or it has been prior manufactured into a title II firearm (both items controlled by the National Firearms Act), there is no such thing as a date of manufacture consideration!.
Title two firearms are machineguns, short barrelled rifles, short barrelled shotguns, and AOW's (cane guns, etc).
In summary: The classification of antique [as defined] are reserved for the items in blue, above only. You lose the antique status when it is determined to be an NFA item.
quote:Originally posted by sandwarrior
First off let me say, I thought it was pretty simple, cut & dried. It's not.
After reading and re-reading and comparing the two pieces of legislation that primarily govern what sales take place in the firearms world, I came to these conclusions.
Per the GCA (1968) definitions, ANYTHING made before or during 1898 is an "Antique Firearm"
HERE'S THE CATCH
Per the NFA (1934) the definition reads anything made prior to or during 1898 that is not rimfire or centerfire.... replicas, etc.
This is the catch. The NFA definition only applies to NFA weapons.
So, if you have a full auto or short, short-barreled, or AOW made before 1898, guess what!?!?!?!... It's an NFA weapon. You therefore have to register and pay a tax on it.....
I don't think it really can be called a "catch."
A few years ago a member here explained it this way:
givette
Advanced Member
11149 Posts
Posted - 11/03/2010 : 11:10:53 AM
The antique category is restricted to title I firearms only. Title one firearms are the Long gun, Handgun, Shotgun-everyday type guns. NFA firearms do not have an antique category.
If you alter, (manufacture a NFA/title two firearm yourself) or it has been prior manufactured into a title II firearm (both items controlled by the National Firearms Act), there is no such thing as a date of manufacture consideration!.
Title two firearms are machineguns, short barrelled rifles, short barrelled shotguns, and AOW's (cane guns, etc).
In summary: The classification of antique [as defined] are reserved for the items in blue, above only. You lose the antique status when it is determined to be an NFA item.
Indeed it is a catch. The GCA never explains in full the NFA. Neither does the NFA update to explain the GCA. That's a "CATCH" in my book.
I will add. The biggest thing here is to help the fellow gunowner/seller of this issue. Don't get "un-involved" when your fellow gun owner who needs to sell, gets burned. If he goes through with a sale, at least help him (verbally) go about it in the right way. If you see a clear case of an NFA item being sold as an antique, at least explain to him what the issue is. Beyond that you can't change what he/she does, but at least you stood on the correct side of the law. I'm a believer that we should do what we can when it comes to helping out our fellow gun owners. For, without them we will stand more and more alone in the Gov't's fight to take them away from us.