HOW DOES CA HANDLE THIS ONE ?
Sold this to California resident.. Can this be shipped directly to buyer ? FFL etc..
http://www.GunBroker.com/Auction/ViewItem.aspx?Item=360403196
http://www.GunBroker.com/Auction/ViewItem.aspx?Item=360403196
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There are no regulations on Antique guns. The can be shipped direct to a Calif buyer or any other buyer. Pre 1898 guns are not regulated. 0 -
If it is a legitimate antique, made prior to 1899, then it is not a firearm in CA. 0 -
They were made 1861-62 so are pre 1898 and should not matter who sold to. 0 -
Ok I thought so but wanted to make sure because it is California 0 -
This is an antique handgun but it also takes a cartridge which is okay as long as the cartridge is no longer manufactured. CA has a list of handgun cartridges that would make a hangun sale restricted but I can't find it when I need it in the maze of regulations. 32 rimfire should be fine. Antique cartridge long guns are good to go. 0 -
quote:Originally posted by gartman
This is an antique handgun but it also takes a cartridge which is okay as long as the cartridge is no longer manufactured. CA has a list of handgun cartridges that would make a hangun sale restricted but I can't find it when I need it in the maze of regulations. 32 rimfire should be fine. Antique cartridge long guns are good to go.
You can't find the cartridge list because there is no such thing. California law is the same as Federal law concerning antiques. The fact that the firearm uses fixed cartridges makes no difference, nor does the caliber or commercial availability.0 -
MFI and all,
http://www.google.com/#fp=f8c956aa7f9c3dd3&q=ca+doj+firearms+division
As has been said before... for something as touchy in consequence for getting potentially wrong info on firearm legalities, as surely can happen on the internet, I for one would go right to the horses mouth.
Once I had a question our local gun shop was not quite sure about. No problemo-- they called the DOJ and had the correct answer in
minutes.
EDITI should add am not sure if the shop had perhaps a direct phone number to DOJ for dealers/FFL'S? But still, if cannot find an answer in their web-site, a call is worth the wait.
45er0 -
quote:Originally posted by EOD Guy
You can't find the cartridge list because there is no such thing. California law is the same as Federal law concerning antiques. The fact that the firearm uses fixed cartridges makes no difference, nor does the caliber or commercial availability.
If California law is the same as Federal law concerning antiques, then the commercial availability of ammunition would make a difference.
26 U.S.C. ? 5845(G)
For the purposes of the National Firearms Act, the term "Antique Firearms" means any firearm not intended or redesigned for using rim fire or conventional center fire ignition with fixed ammunition and manufactured in or before 1898 (including any matchlock, flintlock, percussion cap or similar type of ignition system or replica thereof, whether actually manufactured before or after the year 1898) and also any firearm using fixed ammunition manufactured in or before 1898, for which ammunition is no longer manufactured in the United States and is not readily available in the ordinary channels of commercial trade.
http://www.atf.gov/firearms/guides/importation-verification/firearms-verification-nfa-antique-firearm.html
32 rimfire ammunition is NOT available in the ordinary channesl of commercial trade.0 -
quote:Originally posted by competentone
quote:Originally posted by EOD Guy
You can't find the cartridge list because there is no such thing. California law is the same as Federal law concerning antiques. The fact that the firearm uses fixed cartridges makes no difference, nor does the caliber or commercial availability.
If California law is the same as Federal law concerning antiques, then the commercial availability of ammunition would make a difference.
26 U.S.C. ? 5845(G)
For the purposes of the National Firearms Act, the term "Antique Firearms" means any firearm not intended or redesigned for using rim fire or conventional center fire ignition with fixed ammunition and manufactured in or before 1898 (including any matchlock, flintlock, percussion cap or similar type of ignition system or replica thereof, whether actually manufactured before or after the year 1898) and also any firearm using fixed ammunition manufactured in or before 1898, for which ammunition is no longer manufactured in the United States and is not readily available in the ordinary channels of commercial trade.
http://www.atf.gov/firearms/guides/importation-verification/firearms-verification-nfa-antique-firearm.html
32 rimfire ammunition is NOT available in the ordinary channesl of commercial trade.
You are quoting the wrong law. Your quote concerns the National Firearms Act, which regulates machine guns. short barrel rifles and shotguns and certain other firearms. The Gun Control Act covers regular firearms and gives a different definition for antique and does not concern itself with the availability of ammunition except for replicas of antique firearms.
NFA Definition:
quote:Title 27 - Alcohol, Tobacco Products, and Firearms. CHAPTER II - BUREAU OF ALCOHOL, TOBACCO, FIREARMS, AND EXPLOSIVES, DEPARTMENT OF JUSTICE. SUBCHAPTER B - FIREARMS AND AMMUNITION. PART 479 - MACHINE GUNS, DESTRUCTIVE DEVICES, AND CERTAIN OTHER FIREARMS.
Subpart B - Definitions.
? 479.11 Meaning of terms.
Antique firearm. Any firearm not designed or redesigned for using rim fire or conventional center fire ignition with fixed ammunition and manufactured in or before 1898 (including any matchlock, flintlock, percussion cap, or similar type of ignition system or replica thereof, whether actually manufactured before or after the year 1898) and also any firearm using fixed ammunition manufactured in or before 1898, for which ammunition is no longer manufactured in the United States and is not readily available in the ordinary channels of commercial trade.
GCA Definition:
quote:Title 27 - Alcohol, Tobacco Products, and Firearms. CHAPTER II - BUREAU OF ALCOHOL, TOBACCO, FIREARMS, AND EXPLOSIVES, DEPARTMENT OF JUSTICE. SUBCHAPTER B - FIREARMS AND AMMUNITION. PART 478 - COMMERCE IN FIREARMS AND AMMUNITION.
Subpart B-Definitions
? 478.11 Meaning of terms.
Antique firearm. (a) Any firearm (including any firearm with a matchlock, flintlock, percussion cap, or similar type of ignition system) manufactured in or before 1898; and (b) any replica of any firearm described in paragraph (a) of this definition if such replica (1) is not designed or redesigned for using rimfire or conventional centerfire fixed ammunition, or (2) 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.0 -
quote:Originally posted by EOD Guy
quote:Originally posted by competentone
quote:Originally posted by EOD Guy
You can't find the cartridge list because there is no such thing. California law is the same as Federal law concerning antiques. The fact that the firearm uses fixed cartridges makes no difference, nor does the caliber or commercial availability.
If California law is the same as Federal law concerning antiques, then the commercial availability of ammunition would make a difference.
26 U.S.C. ? 5845(G)
For the purposes of the National Firearms Act, the term "Antique Firearms" means any firearm not intended or redesigned for using rim fire or conventional center fire ignition with fixed ammunition and manufactured in or before 1898 (including any matchlock, flintlock, percussion cap or similar type of ignition system or replica thereof, whether actually manufactured before or after the year 1898) and also any firearm using fixed ammunition manufactured in or before 1898, for which ammunition is no longer manufactured in the United States and is not readily available in the ordinary channels of commercial trade.
http://www.atf.gov/firearms/guides/importation-verification/firearms-verification-nfa-antique-firearm.html
32 rimfire ammunition is NOT available in the ordinary channesl of commercial trade.
You are quoting the wrong law. Your quote concerns the National Firearms Act, which regulates machine guns. short barrel rifles and shotguns and certain other firearms. The Gun Control Act covers regular firearms and gives a different definition for antique and does not concern itself with the availability of ammunition except for replicas of antique firearms.
NFA Definition:
quote:Title 27 - Alcohol, Tobacco Products, and Firearms. CHAPTER II - BUREAU OF ALCOHOL, TOBACCO, FIREARMS, AND EXPLOSIVES, DEPARTMENT OF JUSTICE. SUBCHAPTER B - FIREARMS AND AMMUNITION. PART 479 - MACHINE GUNS, DESTRUCTIVE DEVICES, AND CERTAIN OTHER FIREARMS.
Subpart B - Definitions.
? 479.11 Meaning of terms.
Antique firearm. Any firearm not designed or redesigned for using rim fire or conventional center fire ignition with fixed ammunition and manufactured in or before 1898 (including any matchlock, flintlock, percussion cap, or similar type of ignition system or replica thereof, whether actually manufactured before or after the year 1898) and also any firearm using fixed ammunition manufactured in or before 1898, for which ammunition is no longer manufactured in the United States and is not readily available in the ordinary channels of commercial trade.
GCA Definition:
quote:Title 27 - Alcohol, Tobacco Products, and Firearms. CHAPTER II - BUREAU OF ALCOHOL, TOBACCO, FIREARMS, AND EXPLOSIVES, DEPARTMENT OF JUSTICE. SUBCHAPTER B - FIREARMS AND AMMUNITION. PART 478 - COMMERCE IN FIREARMS AND AMMUNITION.
Subpart B-Definitions
? 478.11 Meaning of terms.
Antique firearm. (a) Any firearm (including any firearm with a matchlock, flintlock, percussion cap, or similar type of ignition system) manufactured in or before 1898; and (b) any replica of any firearm described in paragraph (a) of this definition if such replica (1) is not designed or redesigned for using rimfire or conventional centerfire fixed ammunition, or (2) 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.
Read your own post. The definitions for "antique firearm" are exactly the same. The 1934 Act and 1968 Act don't use different definitions for firearms -- it's the same law.0
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