Can anyone explain pre-1899 gun laws please ?

C

Churchmouse

New member
Can anyone please explain the laws covering pre-1899 guns to me in simple language ? I'm wondering things like- can they be bought without paperwork, can they be mailed, any restrictions on ownership, etc. I have no experience with old guns, but I am interested in acquiring an old revolver or derringer.
 
1) Yes.

2) Rifles and shotguns, yes. Handguns, no, unless you are a Dealer, Pawnbroker, or Manufacturer FFL. The restriction against mailing handguns comes from the postal regulations, NOT the firearms regulations, and AFAIK the postal regulations do not distinguish between antiques and modern firearms.

3) Most federal restrictions on firearm ownership do not apply to antiques, but the same is not necessarily true for state law. As the old saying goes, check your local laws. (Your profile does not reveal where you live.)
 
The rule applies because most pre-1899 firearms were not made for smokeless powder. Only a few pre-1899 arms were marked NITRO and were built for the high pressure loads we use today.
The only pre-1899 arms that are regutaled are short barreled weapons and machine guns.
If you find a Colt 45 made in 1895, no dealer or FFL holder need be involved with the sale or shipping.
You should be able to ship this via mial, Fedex or UPS. Check with the shipping company (or USPS) and check your local laws.
 
I stand corrected regarding mailability.

From Section 432.1(c) of the Postal Regulations:
Unloaded antique firearms sent as curios or museum pieces are generally permitted, as specified in Exhibit 432.1 and DMM 601.11.2.
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Section 431.3, Definitions:
431.3 Antique Firearm
An antique firearm (including one with a matchlock, flintlock, percussion cap, or similar type of ignition system) is any firearm manufactured in or before 1898, or a replica of such a firearm, that meets either of the following conditions:

It is not designed or redesigned for using rimfire or conventional centerfire fixed ammunition.
It uses rimfire or conventional centerfire fixed ammunition that is no longer manufactured in the United States and that is not readily available through commercial trade channels.
Click to expand...
(emphasis mine)
Seems you're good to go.

FWIW UPS and FedEx may still enforce their requirement that you have to ship handguns via Next Day Air, but given the fact that USPS shipment is legal, IMHO there's no reason to choose UPS or FedEx over the USPS Priority Mail Flat Rate Box. :)
 
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