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FFL Needed?
kannoneer
Member Posts: 3,393 ✭✭✭✭
I just saw an auction for a Colt 1877 made in 1893. The seller has 'No FFL needed' in the ad, but down below he amended it to state that it has been brought to his attention that an FFL WAS needed! He said the BATF claims that since it takes self-contained ammo which is still available it must go to an FFL. I am of the opinion that since it was manufactured prior to 1898 it is OK to send to any legal buyer no matter what cartridge it takes. I think the seller has received some erroneous info. You are welcome to set me straight on this.
Comments
If you ask the same question of five different ATF agents, you'll get five different answers.
You really don't need to ask an ATF agent anything. Anyone that can read knows what the definition of a gun is that was made before 1898. And it has nothing to do with what it shoots. It was made before 1898 and that's all that matters. The ones that hate that law are the know it all FFL holders that just can't stand the idea of a regular person having a gun mailed directly to them without having to go through the FFL. They all know what the law is but they'll put on this stupid act like it's not legal. It's a club and many of them don't like outsiders like people with a C&R license.
I gave up on this argument a long time ago. Truth is the law doesn't seem to matter for some stubborn sellers.
If I want a certain gun bad enough, I'll play their game. It is all about THE gun.
It is an antique if it was made before 1899. 1898 manufacture is antique, doesn't matter what ammo it shoots.
Antique, how badly do you want it?
For some people, it's much easier to go thru life being ignorant than to ever make an effort to try and learn anything.
The federal government doesn't require it. That mileage may vary with some states. I think New Jersey has the ammo requirement in their definition.
Mr. Griggs is correct. Made prior to 1-1-1899, by Federal law it is not a firearm. It is an ANTIQUE firearm- 1968 Gun Control Act does not apply. Only time ammo applies is with a REPRODUCTION of an antique cartridge arm that the ammo is not available in the ordinary course of trade.
An 1871 Remington Rolling block pistol made yesterday in the .50 Remington cartridge could still be an antique- since you will not find that ammo.
And a caplock, matchlock or flintlock that uses loose powder and shot is an antique, no matter when made. But some dealers are not comfortable with that, want everything to go thru a FFL..Their sale, their choice. My money, my choice.
What about the 100 year old antiques quotes about this subject.Is that just a error on my part?
serf
I think you're confusing that with 50 years for C&R.
There is no 100 year old rule for Antique firearms. The hard date is 1-1-1899. Before that, Antique Firearm. That date and later, not an antique. Defined in the US Code section below.
18 USC § 921(a)(16)