Pre-1899 Hand Ejector Classification

[glowe]

. . . As a side issue, an FFL holder who insists they paper an antique, for a fee, has no defense to a letter to the ATF alleging fraud for monetary reward, and it could get them a black mark for their next audit. Ed.

Ed - I absolutely agree with your comments. I carry the following excerpts from the BATF Regulations. I present this to sellers who are requiring a 4473 and NICS check for antique weapons. So far, I have prevailed over the objections of the sellers and received the gun.

BATF Regulations Excerpts

Section IIIA. Weapons Removed from the NFA as Collectors' Items which are Antiques not Subject to the Provisions of the GCA: Weapons in this section are not subject to the provisions of either the NFA (National Firearms Act) or the GCA (Gun Control Act).

An antique firearm as defined in both the GCA and NFA is exempt from all of the provisions and restrictions contained in both laws. Consequently, such an antique firearm may be bought, sold, transported, and shipped, etc., without regard to the requirements of these laws.

No all-inclusive list of antique firearms is published by ATF.

(P10) Does the Brady law apply to the transfer of antique firearms?
No. Licensees need not comply with the Brady law when transferring a weapon that meets the Gun Control Act's definition of an "antique firearm."

(R28) Do I need a Form 6 NIA import permit to import a muzzle loading gun that is considered an antique firearm under the Gun Control Act?
No. Because antique firearms are not considered firearms for purposes of the Gun Control Act, none of the import regulations apply to the importation of antique firearms. Moreover, a nonimmigrant alien may possess antique firearms, even if the alien does not fall within an exception to the nonimmigrant alien prohibition. If you are not sure if your firearm is an antique firearm as defined by the Gun Control Act, contact ATF's Firearms Technology Branch.

 

[DWalt]

There was a lengthy discussion about all this some time ago, and it was surprising to me to find that many dealers did not seem aware that antique (as defined in GCA-68) guns are unregulated by BATFE. However, they may well be subject to state or local regulations in some jurisdictions. But if a FFL dealer insists on doing paperwork on an antique gun, there is not much you can do about it except to try to convince him that GCA-68 does not apply. The topic of shipping antique guns by USPS is another controversial topic which remains somewhat shrouded in confusion, and may remain so.