Currently, any firearm made before 1899 (few excepts such as full autos) are exempt from being defined as firearms under federal law. There was a case in which a person used a pre-1899 in a bank robbery and a federal court ruled this was not a robbery committed with a firearm under federal law. Also included are black powder muzzleloaders and reproductions of them. Some such antique firearms are semi-auto (revolvers). These can be sold without any background check, no ID required and even sold mail order directly to the buyer. Some such as double action S&W 38 double action revolvers bring top dollar because they have never been registered so are off-the-map. I have a top break as-new 1895 S&W stub pocket 38 double action worth 5 times a new DA 38 for that reason. Double action black powder 44s have nearly the same ballistics as a 9mm at close range. They can be bought as new replicas via mail order directly from the seller/dealer to the buyer. No background check. No government record of the sale. Conversion kits to holding cartridges also do not require any background check and can be bought directly via mail order. Time to time it is proposed to update that law to 1913 as the cut-off date. This would predate such as the BAR semi-auto magazine fed 30.06 and Thompson 45, which can hold a 50 round canister. However, it would allow early German Lugers, which is a magazine fed handgun. http://www.truthrevolt.org/news/bill-change-definition-antique-firearms Your thoughts?
They fetch more money because they have never been registered? LOL No. They are worth money because they are collectible antiques. Collectors pay big money for old guns. All of my pre-1899 firearms are blackpowder. Guns today are not registered. The article is silly.
At present, any firearm that is fifty years old or more constitutes a curio or relic, and can be purchased through the mail, so long as the purchaser holds the right form. This means that a number of original model AR-15 rifles are legally classified as relics, and can be purchased through the mail almost as easily as one would purchase a black powder firearm. There is no reason for the qualifier of what is an antique, to not be updated.
Well, the "right form" is a C&R FFL, so it is still like sending to like any other FFL. Which is very different from a blackpowder firearm. I would know as I do have a C&R and a I have purchased quite a few firearms from it. The OP is referring to very old firearms which are not considered to be subject FFL regulations. Which is true. However claiming that antique pre-1899 firearms are sought because they are not "registered" is especially stupid.
I have a few pre 1899 Civil War black powder ball and cap guns and a Springfield Trapdoor black powder cartridge gun. The Mosin can be pre 1899 and is a 5 cartridge rifle. You can find some of those that have been reworked to carbines in the 50's but are still considered pre 1899.
I don't believe any federal regulations of firearms are proper but the less firearms subject to that unconstitutional nonsense the better. I would suggest anything before Korean war should be considered antique
Which models though? I have quite a few Mosins, and they are all post 1922. The carbines came about in 1938 with the M38, and 1944 with the bayonet mounted M44.
I have quite a few black powder pistols and revolvers from the 1750s thru the late 1800s. My Trapdoor is a quite rare 1865 first model Allin conversion, which at the time was sleeved to a 50-70. The later 45-70s were produced by the hundreds of thousands. For black powder revolvers I actually prefer quality reproductions as they are superior built. The actual issue (in part) is mail order received firearms not going thru an FFL. No background check or even reliable proof of age. While some sellers ask for a photocopy of a DL as some fashion of proof, many do not. Just mail a postal money and receive the firearm. As stated, there are legal implications of an firearm being "antique" in terms of laws. Under federal law, many crimes are enhanced if committed using a firearm. However, it the past it has been held that such enhancement does not apply if the firearm was an "antique." In some states for how state laws are constructed, it is arguable this exemption also applies to state laws. The criminal enhancement for committing a crime with a firearm is substantial. There also are issues of whether a felon is prohibited from having an antique firearm, where otherwise prohibited from having a firearm.
Which is incredibly stupid and leaves the door open to prosecutorial misuse. Suppose for example that a scam artist sells a replica flintlock pistol to a collector for a large sum of money by falsely claiming it is an authentic historic relic. They could be charged with a firearm enhancement on top of their fraud. And thus they could be potentially subject to an unfairly long prison sentence.
Seeing how the Mosin 3 line rifle is the longest running gun ever produced. It was adopted in 1891. Of course many more were made for WWII and a lot of those reconfigured for WWIII and stored away which are many of the ones we see today. I have a 91/38 carbine that is a 1906 receiver.
Beyond the issue of prosecutors refusing to pursue firearm charges, and rather dropping such charges to expedite a plea deal? Any firearm designed to use loose black powder, and loaded from the muzzle, is legally regarded as an antique, regardless of its age.
