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Section 2.2 Antique firearm.
Firearms defined by the NFA as “antique firearms” are not subject to any controls under the NFA.[22] The NFA defines antique firearms based on their date of manufacture and the type of ignition system used to fire a projectile. Any firearm manufactured in or before 1898 that is not designed or redesigned for using rimfire or conventional center fire ignition with fixed ammunition is an antique firearm. Additionally, any firearm using a matchlock, flintlock, percussion cap or similar type ignition system, irrespective of the actual date of manufacture of the firearm, is also an antique firearm.
NFA firearms using fixed ammunition are antique firearms only if the weapon was actually manufactured in or before 1898 and the ammunition for the firearm is no longer manufactured in the United States and is not readily available in the ordinary channels of commercial trade. To qualify as an antique firearm, a fixed cartridge firing NFA weapon must meet both the age and ammunition availability standards of the definition.
Concerning ammunition availability, it is important to note that a specific type of fixed ammunition that has been out of production for many years may again become available due to increasing interest in older firearms. Therefore, the classification of a specific NFA firearm as an antique can change if ammunition for the weapon becomes readily available in the ordinary channels of commercial trade.
Hello,
I have a winchester 94 from 1898 that has a junk barrel. It needs no paper work because it is an antique, if I made it an sbr do I need to regester it?
In addition to what Kevlar posted, you seem to be missing a key point. If you made it an SBR today you would need to register it, well unless you have a time machine that will take back to some time 1898...IE. the "making" with regard to NFA is new (today when you do it)...
If it was a factory SBR from back then you "might" be fine to replace the barrel with a good one, if you check the C&R list you will see a number of original SBR's that have been removed from NFA.
maybe I am missing it but can you point out where you get your interpretation from?
Just keep in mind, according to Mass. law an SBR is a handgun
Can you point me to the MGL that states this? Not saying you're wrong, I just want to see the citation.
Its pretty easy, its not an existing "antique SBR" The SBR is being made "today" (not in 1898 or before) when he chops the barrel (or whatever he plans to do) of an antique rifle.maybe I am missing it but can you point out where you get your interpretation from?
Not really good advice (but on a technicallity) if you want a real ruling, you should not contact the LOCAL ATF branch, you NEED to talk to the Tech branch in DC (or west virginia, where ever they are now...)It may sound like heresy, but a call to the local BATFE branch may be helpful...
I do not think ill be doing that then. Does anybody know what the value of this gun would be? it is reblued but in overall good condition. the barrel is not tarrible but had a little rust that i removed. Also it is a saddle ring carbine made in 1898
Not really good advice (but on a technicallity) if you want a real ruling, you should not contact the LOCAL ATF branch, you NEED to talk to the Tech branch in DC (or west virginia, where ever they are now...)
Can you point me to the MGL that states this? Not saying you're wrong, I just want to see the citation.
“Firearm”, a pistol, revolver or other weapon of any description, loaded or unloaded, from which a shot or bullet can be discharged and of which the length of the barrel or barrels is less than 16 inches or 18 inches in the case of a shotgun as originally manufactured; provided, however, that the term firearm shall not include any weapon that is: (i) constructed in a shape that does not resemble a handgun, short-barreled rifle or short-barreled shotgun including, but not limited to, covert weapons that resemble key-chains, pens, cigarette-lighters or cigarette-packages; or (ii) not detectable as a weapon or potential weapon by x-ray machines commonly used at airports or walk- through metal detectors.
look around on gunbroker and similar sites, that will give a pretty realistic idea of actual selling prices
He is right, you can't make an SBR where one didn't exist originally. The NFA doesn't work the way the AWB does. I would argue that the replacing of the barrel may also negate the grandfathering but I don't know the NFA well enough. The OP should discuss this with a firearms attorney specializing in the NFA.
You certainly CAN make an SBR where one didn't exist originally. You use whats commonly called a "Form 1" to make an NFA firearm. You fill out the form. Submit it with CLEO signoff and prints (unless you have a trust, then none of that is necessary) and a check for $200 and then you wait for 3-6 months.
When you get back your form 1 with a stamp on it, you are cleared to hack that thing off, legally.