|
Forum Rules | Firearms Safety | Firearms Photos | Links | Library | Lost Password | Email Changes |
Register | FAQ | Calendar | Search | Today's Posts | Mark Forums Read |
|
Thread Tools | Search this Thread |
September 1, 2011, 12:02 AM | #1 |
Senior Member
Join Date: November 28, 2010
Location: Washington state
Posts: 401
|
Special aspects for an antique
The attached image shows a "pocket rifle" made in the 1870s. It is a single shot with a 12 inch barrel and removable stock. Is this a simple "antique", that can be bought and owned with no FFL or other legal processes? Or do special legal requirements apply to something like this? I am asking about federal law; my state is relatively open for such things.
|
September 1, 2011, 12:13 AM | #2 |
Senior Member
Join Date: October 20, 2007
Location: Richardson, TX
Posts: 7,523
|
There are no special requirements under federal law. All firearms made before 1/1/1899 are legal antiques, period.
BUT... The burden of proof is on the parties transferring such a firearm to demonstrate that the gun was, in fact, made before 1899. Beware of fakes. EDIT: In the case of this particular gun, it appears the barrel is less that 16" long, so be aware of the federal NFA guidelines if it fires conventional metallic cartridge ammunition. http://www.atf.gov/firearms/guides/i...e-firearm.html
__________________
"Smokey, this is not 'Nam. This is bowling. There are rules... MARK IT ZERO!!" - Walter Sobchak Last edited by carguychris; September 1, 2011 at 12:21 AM. |
September 1, 2011, 07:00 AM | #3 |
Senior Member
Join Date: April 25, 2010
Location: Arkansas
Posts: 3,309
|
Very true. I had a friend convicted (he was sentenced Tuesday) for having a short rifle in violation of NFA. This came even though, in court, it was proven the gun was made before the NFA went into effect and it was supposedly therefore exempt. It was his military survival rifle, he was special ops and it was given to him on his retirement after 34 years service.
Don't say "they can't do that". They did do that. Be careful out there. |
September 1, 2011, 08:43 AM | #4 | |
Senior Member
Join Date: October 20, 2007
Location: Richardson, TX
Posts: 7,523
|
Quote:
I will admit that I am largely ignorant regarding NFA regulations, but my basic understanding is that the gun could be exempt IF it is all-original. The problem is the big fat "IF". Reread what I wrote earlier about burden of proof. Let it sink in. Mull it over for a little while. Do you know the gun is pre-1899 and all-original? How? What do you really know about the gun's provenance, and can you prove it beyond a reasonable doubt? This would not be nearly as thorny of an issue without the potential NFA question. When it comes to NFA items, the Feds don't play around.
__________________
"Smokey, this is not 'Nam. This is bowling. There are rules... MARK IT ZERO!!" - Walter Sobchak |
|
September 1, 2011, 08:45 AM | #5 |
Senior Member
Join Date: June 21, 2009
Location: West Central Missouri
Posts: 2,592
|
The gun in the picture is only legal in Missouri. Please send it to me and I will ensure it gets a proper home.
With so many laws and restrictions on guns, and opinions from the BATFE, it is a wonder anyone can own an antique gun. Do your homework and make sure you are legal. I would hate to see such a beautiful thing end up in some scrap pile to be melted down.
__________________
Inside Every Bright Idea Is The 50% Probability Of A Disaster Waiting To Happen. |
September 1, 2011, 10:35 AM | #6 |
Senior Member
Join Date: October 17, 2007
Location: Cowtown of course!
Posts: 1,747
|
OOOPS!
__________________
NRA Chief Range Safety Officer, Home Firearms Safety, Pistol and Rifle Instructor “Today, we need a nation of Minutemen, citizens who are not only prepared to take arms, but citizens who regard the preservation of freedom as the basic purpose of their daily life......” President John F. Kennedy Last edited by CowTowner; September 1, 2011 at 10:46 AM. |
September 1, 2011, 01:38 PM | #7 | ||
Senior Member
Join Date: February 18, 1999
Location: Concord, CA, USA
Posts: 726
|
Quote:
Also, the firearm the OP has may no longer be regulated by the NFA. Several models of the Stevens Pocket Rifle have been removed from the NFA and also removed from the GCA as antiques. See Section IIIA of the BATF Firearms Curios or Relics List. Quote:
|
||
September 1, 2011, 03:47 PM | #8 |
Senior Member
Join Date: April 14, 2009
Location: Sunny Southern Idaho
Posts: 1,909
|
To further [muddy|clarify] the waters, it's not terribly difficult to petition the ATF to declare a firearm a curio or relic or to have it removed from the NFA. In particular, if you look through the C&R book, you'll see a number of examples of specific Winchester rifles, identified with serial numbers, that were manufactured with short barrels. Normally, they'd be an SBR, regulated by the NFA. All it takes is a request, accompanied by a letter from, say, the curator of a museum attesting to the value of the item as a curio or relic and the ATF can exempt it from the NFA and put it on the C&R list. That's not to say they will, but it's not too tough to ask.
But, as EOD Guy posted, the gun in the OP probably fits the exemption already allowed.
__________________
Well we don't rent pigs and I figure it's better to say it right out front because a man that does like to rent pigs is... he's hard to stop - Gus McCrae |
Thread Tools | Search this Thread |
|
|