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Joined: Dec 2001
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Sidelock
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Sidelock

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I read the ATF bulletin but still not sure. If you purchase a pre-1898 12 bore shotgun from out of state does it need to be transferred by a FFL? Would a pre 1898 12 bore shotgun not be covered under the definition of "antique firearm" since ammunition is still readily available. Thanks

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Sidelock
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In the eyes of the BATFE that shotgun would be nothing but an antique, not a firearm. You can import them from out of country without an FFL involved.

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Sidelock
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The individual states can have additional layers of restrictions & requirements on top of the ATF rules.

one bad example is NJ. It does not recognize the pre-1898 firearms exemption, nor does it recognize C&R licenses. every purchase, including bb-guns and rusty old wall-hangers, is supposed to go thru an FFL and be reported to the state.


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Sidelock
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It's actually pre 1899. That is a gun made in 1898 or earlier.

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Amen






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Sidelock
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Sidelock

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Thanks Craig

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Sidelock
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From 'For Sale" section:

Colonel, see 1968 Gun Control Act <http://www.atf.gov/publications/download/p/atf-p-5300-4.pdf>

Section 921 contains the definitions of a firearm (a)(3) which specifically excludes antique firearms from the provisions of the GCA. Par.(a)(16) defines Antique Firearm as 1898 or earlier. What this means is that since 1898 and earlier guns are not treated as firearms under the act, none of the transfer or record keeping provisions of the Act apply.

There are FAQs here, but they seem to have been revised under the Obama regime to include practically nothing of value to anyone.<http://www.atf.gov/firearms/faq/>

Hope this is helpful...Geo

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Sidelock
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Even in New York State, a pre 1899 mfg 12ga shotgun meets the 'Antique Firearm' definition and requires no FFL involved in it's transfer.

There's no NYS law contrary to the Fed Antique Firearms definition when it comes to long guns.

... there is however with pre 1899 cartridge handguns in NY State.

As always,,watch those local and State laws..
Some municipalitys may have their own laws regulating possession, sale, etc.

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Sidelock
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Except in New York City, where "antique" is defined as pre-1893. If later, it must be registered as a firearm if you are an owner living in NYC.


Rich
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One thing which causes some confusion is a "Replica" must not fire readily available cartridges. Thus if you had a Spanish Mauser made in 1893 firing the 7x57 cartridge it is still an Antique. An exact replica of it would however require an ffl sale as the 7x57 is a readily available cartridge. This aspect under Federal law does not apply to the pre 1899 guns.


Miller/TN
I Didn't Say Everything I Said, Yogi Berra
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