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BATF regs: what is an antique

teacherteacher Member Posts: 73 ✭✭
edited February 2008 in Ask the Experts
I know an FFL holder is required for shipping a modern firearm. What I'm curious about (after trying to negotiate BATD website) is if a firearm manufactured before 1889(?) can be shipped individual to individual? Has anybody done this? Which shipper is the best (reasonably priced and cooperative) for shipping an antique? Does a Krag qualify as an antique? Does a Martini qualify as an antique? How do you find documentation that a firearm does qualify as an antique?
Thanks
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Comments

  • rufe-snowrufe-snow Member Posts: 18,650 ✭✭✭
    edited November -1
    Go to this link, it has the information your seeking.


    http://www.empirearms.com/pre-1899.htm
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  • 41 nut41 nut Member Posts: 3,016
    edited November -1
    An antique firearm is one that was manufactured before 1898. Just because a model started manufacture prior to 1898 does not make all guns of that model an antique. It depends on the year the particular gun was manufactured. For example a Winchester model 1886 that was manufactured in 1896 would be an antique, but one manufactured in 1898 or later would not be. This is under Federal Regulations, however some states may have a different law that requires them to go thru a FFL.
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  • ruger41ruger41 Member Posts: 14,665 ✭✭✭✭
    edited November -1
    If a firearm was made before 1898 it is considered a antique by the BATF and the person buying it can have it shipped to them without an FFL so long as they have no felonies or there are no restrictions in their city/state etc --as far as a Krag or Martini being an antique you would have to go by the serial number on it to see what year it was made as Krags were made well past '98--keep in mind serial numbers were not required on firearms before 1968.
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  • 11b6r11b6r Member Posts: 16,584 ✭✭✭
    edited November -1
    C&P from ATF regs:TITLE 18 U.S.C. CHAPTER 44 SECTION 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, breech-block, or any combination thereof.

    Since they are NOT firearms by Fed law, you can ship by US Mail, or any common carrier. Determining WHICH guns are old enuff- you must determine if ALL of that model is old enough, or if THAT GUN is old enough. Serial number range (if present) shipping documents, etc.
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  • allen griggsallen griggs Member Posts: 35,706 ✭✭✭✭
    edited November -1
    "An antique firearm is one that was manufactured before 1898"

    Actually, it is an antique if it was made before 1899.
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  • m.j.ryanm.j.ryan Member Posts: 91 ✭✭
    edited November -1
    Teacher,
    Go back to BATFE home page,
    Click on Firearms tab near top.
    Click on Curios & Relics tab on right.
    This brings up the C&R page with original C&R listing at top and three updates at bottom of page.
    Bear in mind information listed on any government site may be obsolete and is likely to be changed at any time. When in doubt, call the BATFE and pray you get a decent agent.
    Mike in Michigan
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  • teacherteacher Member Posts: 73 ✭✭
    edited November -1
    Thanks, All the advice has been helpful. My question was cleared up quickly.
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  • HerschelHerschel Member Posts: 2,035 ✭✭✭✭✭
    edited November -1
    m.j.ryan, What you have provided is good advice concerning C & R items. However, the question was about "antiques", which are a separate category as far as BATFE regs. are concerned.
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  • nmyersnmyers Member Posts: 16,892 ✭✭✭✭
    edited November -1
    The USPS definition of "antique firearm" is NOT the same as that of ATF. You must check Pub 52, section 432.3 to see their definition. You don't want to avoid violating ATF regs only to be arrested by a Postal Inspector.

    If you are unable to ship via USPS, you can use UPS or Fedex. UPS & Fedex will not pay claims > $500, however, so anything over that will be your risk.

    Neal
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