Expert: Robert P. Firriolo - 11/3/2011

Question
Dear Sir,

  I am just curious about the law on "antique guns" and persons who have lost their gun rights. I understand that muzzleloaders are ok with ATF. Just really curious about the part of the law that states that if a gun fires a cartridge that is no longer manufactured in the US & is not not readily available in the ordinary channels of commercial trade it is allowed. So an 1874 sharps that fires a 45-110 that is not loaded by the major manufacturers and is not readily available & must be loaded by the individual should fall under this... correct ? I know an 1896 Mauser that fires a 7.63 Mauser round falls under all these catagories, also as far as my limited interpertation goes. On the other hand a 1888 German commission rifle which fires an 8mm Mauser round, which is currently available commercially would fall into the ATF purview and therefore make it a gun I couldn't shoot because the ammo is off limits. By the way I have had my state rights restored recently and am looking into a Presidental Pardon to get my Federal rights restored so that none of this will be a problem for me. I'd just like to be able to hunt again without worrying about the fact that I could be in any type of trouble. Unlike some people I want to do exactly what the law allows me to and not step over any lines. Your interpretation & any slivers of knowledge you may be able to impart to me would be greatly appreciated.

Answer
A firearm manufactured in or before 1898 is an antique firearm. 18 U.S.C. § 921(a)(16)(A). It is irrelevant whether it fires ammunition currently manufactured in the USA.

However, a modern replica of an antique firearm is not an "antique firearm" under federal law unless it is a muzzleloader 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.

So, an 1874 Sharps made before 1899 is an antique firearm regardless of what caliber it fires. However, a modern reproduction of an 1874 Sharps is a "firearm" under the federal Gun Control Act (and not an antique firearm) unless it is chambered for a caliber that "is no longer manufactured in the United States and which is not readily available in the ordinary channels of commercial trade." .45-110 Sharps is currently made by at least two US manufacturers of which I am aware (Ten-X Ammunition, Old Western Scrounger) and is readily available from retailers like Midway USA. Thus, a .45-110 replica 1874 Sharps is not an "antique firearm" as long as you can readily buy US-made ammo for it.

The fact that the definition turns on the production and availability of ammo may be very problematic for some people. For example, say somebody is prohibited from possessing firearms under federal law, so he purchases a reproduction of an antique rifle for which no ammo is manufactured in the US and is not readily available for purchase in ordinary channels of commercial trade. Then one day, some years later, without that person's knowledge, some company comes along and starts commercial production and sale of that caliber ammo. That prohibited person is now in possession of a "firearm" under fedral law, and potentially guilty of felony gun possession. He did nothing other than continue to possess something that was legal to possess until somebody else did a legal act (making the ammo), and without any change in the law. This illustrates the danger in a prohibited person attempting to lawfully possess under federal law an "antique firearm" that fires any kind of fixed ammunition.

An 1888 German Commission Rifle made before 1899 is an antique firearm even though it fires 8mm Mauser, which is currently produced in the USA and readily available. Again, under 18 U.S.C. § 921(a)(16)(A), ANY firearm made in or before 1898 is an "antique firearm."

Here is the full text of the definition for your review:

(16) 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; or

       (B) any replica of any firearm described in subparagraph (A) 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 which is no longer manufactured in the United States
       and which is not readily available in the ordinary channels of
       commercial trade; or

       (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. For
   purposes of this subparagraph, the term antique firearm'' shall
   not include any weapon which incorporates a firearm frame or
   receiver, any firearm which is converted into a muzzle loading
   weapon, or any muzzle loading weapon which can be readily converted
   to fire fixed ammunition by replacing the barrel, bolt, breechblock,
   or any combination thereof.

Best of luck to you.