What is the law Re: pre 1899? - The Firearms Forum

tmaca · 10-11-2010, 03:32 PM

Does anyone know the law as regards pre-1899 guns?

Do they have to be before 1899 or are they 1899 and earlier?

Is the relevant year the actual year of manufacture or the year the gun was first patented or the year it was first made? An Iver Johnson .38 Short Safety Automatic revolver, for instance, came in 3 versions, the 1st all made pre-1899, the 2nd made from 1898 to 1902, but all made for black powder, and the 3rd all made later, with possibly some made for black powder and later ones for smokeless (I'm not at all sure of that). Which of them are legally pre-1899 guns?

I'm told that pre-1899 guns are not firearms under the federal firearms control laws, and that they are not governed by ANY federal laws. If that is in fact the case, what does it mean in practical terms? Can they be sold, even by a gun store, without paperwork or registration of any kind? Can they be mailed both by someone and also to someone who has no FFL? How does the federal restricted person law (which says no convicted felon can possess a firearm) apply, or does it? How do state laws apply? Do any states define firearms as whatever the federal law says is a firearm (state laws and regulations often do that, referring to the definition of something that is already in federal law, instead of bothering to write their own definition). In any states which reference the federal definition, would that exempt the guns from state concealed carry permits and laws?

I have to admit that a lot of this doesn't apply to me personally since I have a concealed carry permit that's good in about 40 states, but these things are all interesting questions and I'd sure like to find the answers.

I'm going to post this in the C&R forum also.

10-11-2010, 03:32 PM	#1
tmaca Member Join Date: Oct 2008 Posts: 7	What is the law Re: pre 1899? Does anyone know the law as regards pre-1899 guns? Do they have to be before 1899 or are they 1899 and earlier? Is the relevant year the actual year of manufacture or the year the gun was first patented or the year it was first made? An Iver Johnson .38 Short Safety Automatic revolver, for instance, came in 3 versions, the 1st all made pre-1899, the 2nd made from 1898 to 1902, but all made for black powder, and the 3rd all made later, with possibly some made for black powder and later ones for smokeless (I'm not at all sure of that). Which of them are legally pre-1899 guns? I'm told that pre-1899 guns are not firearms under the federal firearms control laws, and that they are not governed by ANY federal laws. If that is in fact the case, what does it mean in practical terms? Can they be sold, even by a gun store, without paperwork or registration of any kind? Can they be mailed both by someone and also to someone who has no FFL? How does the federal restricted person law (which says no convicted felon can possess a firearm) apply, or does it? How do state laws apply? Do any states define firearms as whatever the federal law says is a firearm (state laws and regulations often do that, referring to the definition of something that is already in federal law, instead of bothering to write their own definition). In any states which reference the federal definition, would that exempt the guns from state concealed carry permits and laws? I have to admit that a lot of this doesn't apply to me personally since I have a concealed carry permit that's good in about 40 states, but these things are all interesting questions and I'd sure like to find the answers. I'm going to post this in the C&R forum also. -->