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Old April 22, 2012, 10:04 PM   #23
Fishing_Cabin
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Join Date: February 10, 2010
Posts: 720
Thank you Frank...

U.S. v. Green is a favorite discussion point...Many view the definition as what the ATF defines. Not so.


Quote:
Originally Posted by cjwils
I am not an expert on this topic and not a lawyer, but federal law clearly defines "firearms" and it defines "antiques". There is no federal category of "antique firearms" A gun made before 1899 (except a full auto) is an "antique". It is NOT a "firearm" under federal law. Federal rules and prohibitions affecting firearms should not apply to antiques unless the law is being applied by people who never read the law.

State laws may vary. I suspect that many of the situations described above were under state law.
It "may" be a firearm under federal and state law, depending on how you intend to use it, and how the judge understands the definitions put out in this case. Dont put much stock in pre-1899, or "replica." It comes down to intent, and what you actually "do" with it.

Last edited by Fishing_Cabin; April 23, 2012 at 11:10 AM.
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