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Antique....or is it?
mrs102 Member Posts: 1,117 ✭✭✭
edited July 2022 in Ask the Experts
I was browsing Colt Single Actions. Came across an 1894 in 45 Colt. Seller is requiring an ffl. I questioned the need since it is an antique. His response is that since it chambers and shoots a readily available center fire cartridge it must be transfered to an ffl. I looked at ATF website and think I found the appropriate information but its in government language and (not necessarily) English.
What do the experts think?
@Mike & DCastro....The serial number dated it as 1894 manufacture.
what it 'shoots' has nothing to do with it, mgf. before 1899 and it's an ' antique' dealer is just covering his *. his auction, his rules
It might be a Model 1894 but if production went past 1899 those need an FFL.
The Winchester Model 1894 rifle didn't stop production until 2006.
Just depends when that particular firearm was made.
An 1894 Colt SAA fired black powder ammo, which is not readily available. Furthermore, as it was manufactured prior to January 1, 1899, it is legally an antique and does not require an FFL (unless required under state law, like NY, New Jersey, Hawaii and others). Your seller is either super-paranoid or totally ignorant but, as others said, it's his auction and terms.
What it fires is only relevant if it is a MODERN REPRODUCTION of an antique. If I had a Burnside Carbine made last year, it would be an antique, since Burnside ammo is not available in ordinary course of trade.
However, if I have a lever action Winchester in 30-30 caliber that was made in 1896, it is an antique (specimen in question was produced prior to 1-1-1899).
But as Mike Whiskey correctly noted- his auction, his rules. Conversely, I dislike paying money for no reason. My money, my choice where I spend it. Would wish him a very good day and look elsewhere.
There a many folks practicing CYA with online sales today.
From what you state, you are looking at an antique that you should be able to buy without going through an FFL. Not sure what the laws are, but you could then ask your FFL if you would need to have the transfer documented through a 1044 or not.
Sellers are being sued when the sale goes through a background check. Were this firearm to be used in a crime and the victim or victim's family discovered that it was sold absent a background check, the state of our country today would make life very difficult for the seller.
Talk to your transfer dealer. There may be state laws involved regarding pistols that negate the Federal antique definition.
Regardless, If you like the revolver and the added price and hassle is not a deterrent, buy it.