What is the Legal Definition of an Antique Firearm?

Monday, April 20th, 2009 at 11:49 pm

From 18 U.S.c. § 921(a)(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.

Following this legal definition, ATF has made a judgment and it says that there are certain muzzle loading models that are considered firearms and do not qualify as antiques. The reason for these exceptions are that the frame or the receiver of these firearms are capable of accepting other barrels. These barrels are designed for rimfire or centerfire ammunition. And because of this, these muzzleloaders don’t fall under the definition of an antique firearm.

The following is a partial list of muzzleloaders that are classified as firearms, and not antiques. This is by no means a complete list and is subject to change at any time:

1. Savage Model 10ML (early, 1st version).
2. Mossberg 500 shotgun with muzzle loading barrel.
3. Remington 870 shotgun with muzzle loading barrel.
4. Mauser 98 rifle with muzzle loading barrel.
5. SKS rifle with muzzle loading barrel
6. RPB sM10 pistol with muzzle loading barrel.
7. H&R/New England Firearm Huntsman.
8. Thompson Center Encore/Contender.
9. Rossi .50 muzzle loading rifle.