[cjwils]

Right now on the internet, several different sellers on several different gun auction sites are listing old single shot pistols from various manufacturers, similar to the one in the attached photo. Most were made in the mid to late 1800s, generally prior to 1899. Many of these are capable of shooting widely available .22 rimfire ammo.

Most buyers and sellers of these apparently assume that these are all “antiques” under the Gun Control Act of 1968 (also known as Title 1 of the federal firearms laws); and as “antiques” made prior to 1899; they can be sold, transferred, and owned without federal restrictions. I have seen comments on the internet to the effect that any gun made prior to 1899 is exempt from federal regulation.

But here is my concern: Many of these single shot pocket pistols were made with smooth bores. Title 2 of the federal firearms laws (the Federal Firearms Act of 1934), has a category entitled Any Other Weapons, which seems to indicate that smooth bore cartridge pistols are regulated regardless of their age. Title 2’s definition of antiques is different from the definition in Title 1. Title 2 says (paraphrasing) that a gun made prior to 1899 is not an antique if it uses widely available cartridge ammo. So, are old smooth bore .22 pistols like the example in the photo regulated under Title 2 or are they exempt from all federal regulation like most other antique firearms? If you own one of these (I don't), what must you do?