When do guns become antiques

Original Antique Shotgun. Go to top of page. Original Antique Rifle Determinants for Classification: Even though this weapon may exhibit a barrel shorter than 16 inches, it is subject to NFA regulations governing those dimensions because it employs a conventional ignition system and uses fixed ammunition that is readily available through ordinary channels of commercial trade.

While most states provide exceptions from various licensing requirements for antique firearms, what is considered an "antique" may vary extensively.

If you want to legally own an antique firearm, the law in the state where you live and plan to store the weapon is the most important.

Bureau of Alcohol, Tobacco, and Firearms U. Log in Social login does not work in incognito and private browsers. Please log in with your username or email to continue. No account yet? Create an account. Edit this Article. We use cookies to make wikiHow great. By using our site, you agree to our cookie policy. Cookie Settings. Learn why people trust wikiHow. Download Article Explore this Article parts. Related Articles. Part 1. Check your state law.

Since gun laws vary significantly from state to state, it's important to check the laws of the state in which you live before you buy an antique firearm. If you move to another state, don't assume the laws are the same and you can continue to legally own an antique firearm just because you legally owned it somewhere else. However, this prohibition doesn't apply to many antique firearms. The types of guns included, however, depend on state law.

Muzzle-loading rifles, shotguns, and pistols that use black powder rather than fixed ammunition generally can be purchased by felons. However, if the weapons are converted so that they can fire fixed ammunition, they may not be allowed. Additionally, many states have additional regulations regarding characteristics such as flintlocks, barrel length, and who may own them.

Evaluate the "antique firearms" exception. Most states exempt antique firearms from the general licensing and ownership requirements to legally own modern firearms. However, each state applies this exception in different ways, and may define "antique firearm" differently.

The federal definition also includes replicas, which means the firearm may have been manufactured recently, but if it was manufactured to exactly duplicate a firearm produced before , it is still considered an antique firearm.

Most states use the same definition as federal law. However, some states include newer firearms as well. In these states, a firearm is considered an antique if it was manufactured more than 50 years ago and is not still being manufactured. With these relatively newer weapons that are still considered antiques, there may be additional restrictions on their ownership. Typically that depends on the type of ammunition they use.

Contact an expert. If you're unsure about how the exception applies, of if you are eligible to purchase or own an antique firearm legally, speaking to someone such as a federal firearms licensee can help you understand the law. Not at all relevant Quite useful Useful Very useful Excellent. If you can't find the answer? Ask a question. More related questions. Questions Are BB guns illegal? Are BB guns toys? Can they be in the possession of young children?

Are stun guns illegal? Can I have an imitation firearm? Can I use a Taser for self defence? Existing owners are those people who possessed such a firearm immediately before the Commencement Regulations and Antique Regulations come into force on 22 March Under the Commencement Regulations, they will have six months until on 21 September — a transition period - to make an application to their local police force for a firearm or shotgun certificate or a variation to an existing certificate.

The vast majority of firearms affected are expected to be handguns and will therefore also become prohibited weapons under section 5 1 aba of the Act, from which they will no longer be exempt as a result of the changes. However, existing owners will be able to apply to possess them on a firearms certificate without needing a section 5 authority under section 5 of the Act - but see below in relation to dealers.

In the case of any firearms which do not become prohibited weapons - for example, rifles — owners will be able to retain them on a firearm certificate too see above in relation to the transition period during which such application can be made. In all cases, the usual requirements for being granted a firearm certificate or a shotgun certificate, if applicable , or for such a certificate being renewed, will apply, except it will not be necessary to show good reason for possessing the firearm section 6 and 7 of the Act.

The police will need to be satisfied that applicants are fit to be entrusted with the firearm, are not a prohibited person, and will not represent a danger to public safety or to the peace.

Applicants will be required to put in place appropriate security measures to prevent unauthorised access to their firearm s. The precise arrangements are for the police to determine based on the level of risk involved in each case, taking account of factors such as local crime rates and location of the property, as set out in the Firearms Security Handbook However, the typical level of security required for handguns will be the same as for firearms possessed under section 7 1 of the Firearms Amendment Act This would normally mean level 2 security where no more than two such firearms are held in domestic premises, and level 3 otherwise.

The police will also need to determine what conditions to apply to firearm certificates they grant or vary. The key consideration is that these firearms should not be fired and we suggest a condition for pistols and revolvers along the lines of:.

Not to possess ammunition suitable for that firearm. Not to be fired. The Commencement Regulations provide that no offence will be committed under section 1 1 a or 2 1 of the Firearms Act possession of a firearm or shotgun without a certificate where someone has applied for a firearm certificate or a shotgun certificate, if applicable or a variation of one, during the 6 month transition period and their application remains outstanding or is the subject of an outstanding appeal.

To evidence this, it is recommended that police forces issue acknowledgements of applications, and that applicants keep a copy of their application. While the Government is content for existing owners of these firearms to retain them on a firearm certificate, it is not intended that those which are prohibited weapons should subsequently be traded. These weapons have been shown to be particularly attractive to criminals and often feature in crime. Selling or transferring them in the future will therefore not normally be permitted in order to minimise the possibility of them falling into criminal hands.

Any future transaction involving such prohibited weapons would need to be authorised under section 5 of the Act in respect of both parties.

While each case would be considered on its merits, a section 5 authority would not normally be granted for the public safety reasons set out above. The situation will be different where a firearm meets the criteria for a historic handgun under section 7 of the Firearms Amendment Act and is licensed accordingly see below where the owner will, as now, be able to sell or transfer the firearm to other collectors with the relevant section 7 firearm certificate. See also the section below in relation to sale or transfer during the transition period.

Should a firearm meet the criteria for a historic handgun under sections 7 1 or 7 3 of the Firearms Amendment Act , the owner can apply for a firearm certificate relying on one of those sections see chapter 9 of the Home Office Guide on Firearms Licensing Law. In accordance with section 7, a section 5 authority is not required where such a certificate is held. The onus will be on applicants to demonstrate that their firearm meets the relevant criteria under section 7 of the Act, but the Home Office will also reinstate the Historic Firearms Reference Panel to assist police forces, where necessary, with additional technical and historical advice in relation to such applications.

The exemption from section 5 provided under section 5 of the Act does not apply in the case of firearms dealers who wish to retain such firearms for the purposes of their business. In such cases, dealers will need to apply to the Home Office or Scottish Government for section 5 authority before the end of the transition period ie, on 21 September Dealers who are not already registered with the police will also have to apply for registration.

This also applies to the servants of dealers. Alternatively, a dealer could apply in an individual capacity to retain such firearms on a firearm certificate or shotgun certificate, if applicable for their own personal collection see above.