Do NFA regulations apply to antique firearms?

Discussion in 'NFA Firearms & Related Items' started by CampingJosh, Oct 23, 2011.

  1. zant

    zant Well-Known Member

    Sep 24, 2009
    S.Al
    As a side topic-did'nt NFA exempt Trapper model(15" barrel) a few years ago??Winchester did'nt make a lot of them.
     
  2. Jim K

    Jim K New Member

    Dec 6, 2009
    BATFE has a lot of leeway under the law about categorizing specific firearms, and I seem to recall that they exempted that model from the NFA and declared it a C&R. Note that those are two separate determinations. A gun can be a C&R (a WWII TSMG for example) and still be under the NFA as a MG, SBR, etc.)

    Jim
     

  3. CampingJosh

    CampingJosh Well-Known Member

    Sep 25, 2007
    Indiana
    OK then.

    So even if ATF determines that it is a Title II weapon and that I have to pay the $200 tax prior to converting it, it still seems that a shotgun manufactured prior to 1899 would still be exempted from the Indiana ban on short barrel shotguns.

    I think this may be my project no matter which way ATF determines on this one.
     
  4. CampingJosh

    CampingJosh Well-Known Member

    Sep 25, 2007
    Indiana
    OK, the letter is going with me to the post office. We'll see what response I get.
     
  5. Alpo

    Alpo Well-Known Member

    Feb 3, 2007
    NW Florida
    Hey Josh, it's been three years. Did you ever hear back? What was the decision?
     
  6. CampingJosh

    CampingJosh Well-Known Member

    Sep 25, 2007
    Indiana
    I never got a response.

    I kind of gave up on the idea for the time being. Wifey decided to go back to school for a master's degree, so money has been going to Ball State University instead of to guns. Seventeen months left.

    I ought to resend that letter, though.
     
  7. RJay

    RJay Well-Known Member

    Feb 22, 2004
    Goodyear, Arizona
    Antique, not antique, I can tell you now, if you take a antique cartridge shotgun, one that was made prior to 1201 hrs ( or 0001 hours if you prefer ) on 1 January 1899, if it takes a modern cartridge and you cut the barrels down past 18 inches, then you have passed out of the twilight zone and are in the BATFE zone. You can no longer use the antique excuse. Yes, I have researched it before and I'm not going to get a headache doing it again, but that is the way the regs read.
     
  8. CampingJosh

    CampingJosh Well-Known Member

    Sep 25, 2007
    Indiana
    I'm in an unusual spot in that I can't simply pay the $200 and get a SBS. Indiana doesn't allow them. I'm trying to figure out if there is any gap between the state law and the federal law.

    Gun owners here have been getting at least one small victory in the legislation each year, so maybe I'll just wait until SBS is no longer banned outright here. That sure would make this all easier.
     
  9. CampingJosh

    CampingJosh Well-Known Member

    Sep 25, 2007
    Indiana
    Well, I've got an update.

    I got a letter back from the local field office that they were sending my letter on to somebody above their heads. We'll see how long this takes...

    But, in much better news, as of July 1, 2015, Indiana residents can legally be in possession of properly registered short barreled shotguns! So my original workaround really isn't necessary anymore.

    I'm still interested in what they determine.
     

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  10. soundguy

    soundguy Well-Known Member

    May 8, 2012
    florida
    I wonder if one of those 'firearms' from black aces tactical is legal for you? Its not sbs, etc.
     
  11. nmckenzie

    nmckenzie Well-Known Member

    Aug 15, 2011
    Sitka, Alaska
    With regard to antiques and NFA classifications, about a year ago I had a conversation with a very well known dealer who'd confronted ATF on that question regarding a Maxim of Boer War vintage. Their finding/reply was that since this particular Maxim was documented to be of pre-1898 manufacture it was not considered by the Bureau to be a firearm, and therefore not subject to NFA regulation. Whether they've since done a 180 on that I don't know.
     
  12. CampingJosh

    CampingJosh Well-Known Member

    Sep 25, 2007
    Indiana
    Yes, those are legal. They are legal for anyone who can legally own a pistol.

    Explosive destructive devices are the only NFA items still prohibited in Indiana.
     
  13. CampingJosh

    CampingJosh Well-Known Member

    Sep 25, 2007
    Indiana
    I got a letter back from ATF today. I'll scan it and post it up here when I get into the office.

    Here is the deal: any firearm that is modified so as to fit the description of an NFA weapon, even an antique firearm, is regulated by the NFA.

    In the years that have passed since I first posed the question, Indiana has passed a law permitting the ownership of SBS so long as they are properly registered. So my original idea is now a moot point anyway.
     
  14. Uncle Duke

    Uncle Duke New Member

    2
    Jan 9, 2016
    Akron, Ohio
    By using the term "antique firearm", do you mean a firearm that falls within the definition of "Curio and Relic" or a firearm that does not use fixed ammunition. If you mean the former, then yes, your firearm would be subject to NFA rules. Even Thompson machineguns from the 20's and 30's fall under the jurisdiction of NFA. If you are talking about the latter, antique firearms that do not use fixed ammunition are not considered firearms that are regulated by BATFE and do not fall under the purview of the National Firearms Act. The exception would be if you created a suppressor and attached it to a non-fixed ammunition type firearm.
     
    Last edited: Jan 9, 2016
  15. Dog Soldier

    Dog Soldier Well-Known Member

    772
    Nov 7, 2012
    The Great Desert
    It is really straight forward. Federal Laws supersede state laws. Go by the Federal Statutes. Other wise you and Big Bubba may end up being roomies at the Greybar Hotel. :eek::eek:
     
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