Antiques and the Beaver State?

[CountryGent]

As far as the Federales are concerned, pre—1898 firearm aren't, legally, "firearms" for GCA68 purposes and can be shipped direct sans FFL. As far as I can tell, despite the deluge of unconstitutional, BS laws, Oregon still sees it the same way. Anyone have info to the contrary? (I'm looking at a pre-1898 Webley at auction that is an "antique".) Thanks!

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[Member 55555]

I had a C&R license for many years and loved buying pre-1898 firearms for that reason. As far as I know that has not changed.

 

[MikeInOr]

I had a C&R license for many years and loved buying pre-1898 firearms for that reason. As far as I know that has not changed.

I had a C&R license for many years and don't believe it had any affect on antiques. Antiques are not considered firearms so they are not controlled at all so anyone can purchase one. Just like modern muzzle loading black powder arms. There is no restriction on purchasing one through the mail.

@CountryGent To my knowledge there are no current laws in Oregon that prevent purchasing an Antique without going through an FFL. BUT it really is up to the seller if they want to follow the law or require it be sent to an FFL. If they require that it be sent through an FFL there isn't much you can do. If you have already made payment to them before they disclose their policy it will be a messy situation. I would check with the seller before bidding on the antique.

 

[CountryGent]

Thanks fellows. I too couldn't find anything new on that front. And SB 941 seems to treat antiques, essentially, the same way the Feds do.

 

[JamesAllen1]

Antique firearms are pre-1899, I believe, and use ammunition not available through ordinary commercial channels.

 

[orygun]

Antique firearms are pre-1899, I believe, and use ammunition not available through ordinary commercial channels.

I've read a little about the ammo availability thing causing some potential restrictions, say a pre 1899 in 30WCF, but I don't think anyone gives a crap...
Technically, though, you can't go to a store and buy boxed, headstamped ammo that says 30 WCF anymore. ;-)

 

[JamesAllen1]

I choose a broad interpretation of commercially available ammunition. Yes, I can buy .45 Colt ammunition for a first generation Peacemaker but is it proper pressures for pre-1899 metallurgy? Nope.

 

[slowinahurry]

Antique firearms are pre-1899, I believe, and use ammunition not available through ordinary commercial channels.

Nah, there are plenty of .38 s&w you can find

 

[Member 55555]

I find that definitions change over time...
This is what I find online:

Title: Definition of Firearm Under 18 U.S.C. 921(a)(16)

Based on the search results provided, 18 U.S.C. § 921(a)(16) defines the term "antique firearm" under federal firearms law

Definition

The term "antique firearm" means
(A) Any firearm (including any firearm with a matchlock, flintlock, percussion cap, or similar type of ignition system) manufactured in or before 1898
(B) Any replica of any firearm described in subparagraph (A) if such replica :

• Is not designed or redesigned for using rimfire or conventional centerfire fixed ammunition, or
• Uses rimfire or conventional centerfire fixed ammunition which is no longer manufactured in the United States and which is not readily available in the ordinary channels of commercial trade ;

(C) Any muzzle loading rifle, muzzle loading shotgun, or muzzle loading pistol, which is designed to use black powder, or a black powder substitute, and which cannot use fixed ammunition

Important Exclusions

The term "antique firearm" does not include:

• Any weapon which incorporates a firearm frame or receiver
• Any firearm which is converted into a muzzle loading weapon
• Any muzzle loading weapon which can be readily converted to fire fixed ammunition by replacing the barrel, bolt, breechblock, or any combination thereof

Significance

This definition is significant because antique firearms are generally exempt from many federal firearms regulations that apply to modern firearms 1
. The definitions in 18 U.S.C. § 921 apply specifically to Chapter 44 of Title 18, which governs federal firearms laws .


It appears that the ammo availability restriction only applies to replicas.

 

[JamesAllen1]

Flintlock,

The link to the indicated site appears broken.

The current ATF website regarding 26 U.S.C. 5845 G includes the ammunition criteria for both original and replica weapons.

However, even under a more restrictive definition of antique firearms my conscience is clear. Similar appearing smokeless cartridges readily available in ordinary commercial channels are not the same as black powder originals as far as ballistics or fun.

Vive la difference!

 

[Member 55555]

Federal register, 2022
This definition in the Federal Register dated 2022 still only applies the ammunition restriction to "replicas."
If someone has a link to a more authoritative source, please post it.

"Antique firearm.
(1) Any firearm (including any firearm with a matchlock, flintlock, percussion cap, or similar type of ignition system) manufactured in or before 1898;

(2) Any replica of any firearm described in paragraph (a) of this definition if such replica:

(i) Is not designed or redesigned for using rimfire or conventional centerfire fixed ammunition; or

(ii) Uses rimfire or conventional centerfire fixed ammunition that is no longer manufactured in the United States and that is not readily available in the ordinary channels of commercial trade; or

(3) Any muzzle loading rifle, muzzle loading shotgun, or muzzle loading pistol that is designed to use black powder, or a black powder substitute, and that cannot use fixed ammunition. For purposes of this paragraph (3), the term "antique firearm" does not include any weapon that incorporates a firearm frame or receiver, any firearm that is converted into a muzzle loading weapon, or any muzzle loading weapon that can be readily converted to fire fixed ammunition by replacing the barrel, bolt, breechblock, or any combination thereof.