Gun show sale in Illinois

slumlord44

June 21, 2012 20:12

Illinois law requires that all gun show sales have a background check and the applicable waiting period applies including private individual sales. Does this also apply to an antique(pre 1898)gun? Federal law says pre 1898 is not a firearm but Illinois is anal retentive about such things.

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  tsr1965

  June 22, 2012 01:51

  IMHO, federal law defines a Pre 1899 as a non-firearm. Being a non-firearm, it should ride on it is not a gun, and does not need the background check.
  
  However, it never hurts to be safe, and do it anyway. IMHO, again, if someone is prohibited from owning a firearm, that should apply to antiques, and muzzleloader's also. I have several muzzle loader's, a TC Triumph, and hand full of Encores in 45 and 50 cal., that have taken deer well beyond the 200 yard mark, with "one shot, one kill".
  
  Best

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  nmyers

  June 22, 2012 06:23

  That could be a problem.
  
  Federal firearms law gives state & local laws precedence when they are more restrictive than federal law. So, technically, a state could define either an antique firearm or a ham sandwich as a "firearm".
  
  BUT, ATF prohibits the use of NICS by a dealer unless a person is buying a (federally defined) firearm, so a dealer could get into trouble using it for an antique firearm.
  
  The direct answer to your question should be found in ATF P5300.5, although I find IL firearms laws to be impossible to understand.
  
  Neal

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