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I just sold an old Turk 93 action on gunbroker. The guy who is wanting me to ship it directly to him and I told him that I would only shipp to a C&R or Class 1 FFL, and even stated that in the discription. He is saying since it is a 93 it qualifies as an Antique and that he doesn't need an FFL.

This is what I found on the BTAF web page under the FAQ:

quote:
Q: What qualifies as an antique firearm?
As defined in 18 U.S.C. § 921(a)(16) the term “antique firearm” means —

A. any firearm (including any firearm with a matchlock, flintlock, percussion cap, or similar type of ignition system) manufactured in or before 1898; or

B. any replica of any firearm described in subparagraph (A) if such replica —

i. is not designed or redesigned for using rimfire or conventional centerfire fixed ammunition, or

ii. uses rimfire or conventional centerfire fixed ammunition which is no longer manufactured in the United States and which is not readily available in the ordinary channels of commercial trade; or

C. any muzzle loading rifle, muzzle loading shotgun, or muzzle loading pistol, which is designed to use black powder, or a black powder substitute, and which cannot use fixed ammunition. For purposes of this subparagraph, the term ‘antique firearm’ shall not include any weapon which incorporates a firearm frame or receiver, any firearm which is converted into a muzzle loading weapon, or any muzzle loading weapon, which can be readily converted to fire fixed ammunition by replacing the barrel, bolt, breechblock, or any combination thereof.


ATF has previously determined that certain muzzle loading models are firearms and subject to the provisions of the Gun Control Act of 1968 (GCA). All of these guns incorporate the frame or receiver of a firearm that is capable of accepting other barrels designed to fire conventional rimfire or centerfire fixed ammunition. Therefore, these muzzle loading models do not meet the definition of “antique firearm” as that term is defined in the above-cited § 921(a)(16) and are “firearms” as defined in 18 U.S.C. § 921(a)(3)

Furthermore, as firearms, the models described above, as well as other similar models, regardless of installed barrel type, are subject to all provisions of the GCA. Persons who purchase these firearms from licensed dealers are required to fill out ATF Form 4473 and are subject to a National Instant Background Check System (NICS) check. Convicted felons and certain other persons are prohibited from receiving and possessing these firearms.

The following is a list of weapons that load from the muzzle and remain classified as firearms, not antiques, under the purview of the GCA since they incorporate the frame or receiver of a firearm:


I told him I required an FFL because by my understanding it could be built into a rifle that could use conventional centerfire ammunition (bolded and high lighted text). Luckily he didn't throw a big fit, and said he would get an FFL for the transaction when I told him it was a CYA on my part. I did send him a link to the BTAF's FAQ page as well.

Was I completly wrong by ask that it be shipped to an FFL?

Thanks
 
Posts: 2242 | Registered: 09 March 2006Reply With Quote
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It all depends when the rifle was built if it was made before 1898 then one doesn't need any ffl or other lic. Model year doesn't count it is the firearm in question has to have been made before 1898.

It can be hard to know when a certain firearm was made. If you can prove by manufactor records ect that it was built before 1898 your good to go.

Some states could still require it sent to a ffl holder.
 
Posts: 19736 | Location: wis | Registered: 21 April 2001Reply With Quote
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I had my 1891 shipped directly to me along with other firearms that are perfectly capable of being reworked to anything you want.
It doesn't matter what the rifle "could be" chambered for. It's what it is chambered for or was originally chambered for if it's an action only. If it has a new barrel or have been rechambered to the "readily available ammo" all bets are off. and it must be treated as a conventional modern firearm

That said the law is a little vague and somewhat contradicting. So all it would take is a agent with a hair up his ass to cause some major issues.


www.KLStottlemyer.com

Deport the Homeless and Give the Illegals citizenship. AT LEAST THE ILLEGALS WILL WORK
 
Posts: 2534 | Location: National City CA | Registered: 15 December 2008Reply With Quote
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What part of "I will only ship to a C&R or Class 1 FFL" doesn't he understand?

You don't know this guy from Jack, don't take the chance.
 
Posts: 8169 | Location: humboldt | Registered: 10 April 2002Reply With Quote
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I agree 110% with CRAIGSTER.

For what you probably sold the part for it really isn't worth the real aggravation you will have if it is made after 1898 and the packet comes open in transit!

These "Turks" were being made up to WWI.

So 1893 to 1918? Now that's a 1 in 5 chance it was made before 1898 and a 4 in 5 chance it was made after!

Not a gamble I'd want to make with "an agent with hair up his ass"!
 
Posts: 6823 | Location: United Kingdom | Registered: 18 November 2007Reply With Quote
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quote:
Originally posted by kcstott:
I had my 1891 shipped directly to me along with other firearms that are perfectly capable of being reworked to anything you want.
It doesn't matter what the rifle "could be" chambered for. It's what it is chambered for or was originally chambered for if it's an action only. If it has a new barrel or have been rechambered to the "readily available ammo" all bets are off. and it must be treated as a conventional modern firearm

That said the law is a little vague and somewhat contradicting. So all it would take is a agent with a hair up his ass to cause some major issues.


But wasn't the 1893 Turk chambered in 7x57 or 8x57? To me those are both commercialy available today. So that would not qualify the action as an antique?

I'll be honest, I don't know what year it was made and have no idea how to find out. It did have a date stamp of 1943 on it, but I didn't figure it was made that year. I think he was just trying to save a little money. I even gave him an out saying if he didn't want to do the deal I'd just relist it and not post any kind of feedback on GB about it. Like I said he agreed to get an FFL and send the paper work and my CYA rule is still working.
 
Posts: 2242 | Registered: 09 March 2006Reply With Quote
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pre 1898 mausers are sometimes hard to determine the manufacture date.

As far as 1891's go, if it was made by Loew it is an antique. DWM made very few pre 1898 and it is best to consider them all modern.

The BATFE uses Flayderman's guide for dating unserialed guns that may or may not be C&R, antiques, etc. If the non-serialed gun had these features in this date range that was good enough for the BATFE.

Mauser serials are not that complicated but there are a lot of partial overlaps and big discrepencies as to how they were sold and logged: Instead of saying GEW 98 made by Suhl with sn. 545aa it may have been logged in as Mauser 98 sn 545. There are a bunch of 98's with that sn out there. To be clear you need to know the model, manufacturer, and date range of serial codes. To add to this a lot of the records just do not exist.


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Posts: 1629 | Location: Potter County, Pennsylvania | Registered: 22 June 2005Reply With Quote
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Am I the only guy who thinks the BATF (and others) has agents trolling the auction sights on a regular basis?
 
Posts: 8169 | Location: humboldt | Registered: 10 April 2002Reply With Quote
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If you can't prove it's an 'Antique',,don't sell it as one.

I wouldn't have shipped it to a C&R either.
BATF has recently posted some clarification of the C&R status. They allow little modification of the original configuration to still keep C&R status it seems.



The definition for curio or relic (“C & R”) firearms found in 27 CFR § 478.11 does not specifically state that a firearm must be in its original condition to be classified as a C&R firearm. However, ATF Ruling 85-10, which discusses the importation of military C&R firearms, notes that they must be in original configuration and adds that a receiver is not a C&R item. Combining this ruling and the definition of C&R firearms, the Firearms Technology Branch (FTB) has concluded that a firearm must be in its original condition to be considered a C&R weapon.

It is also the opinion of FTB, however, that a minor change such as the addition of scope mounts, non-original sights, or sling swivels would not remove a firearm from its original condition. Moreover, we have determined that replacing particular firearms parts with new parts that are made to the original design would also be acceptable-for example, replacing a cracked M1 Grand stock with a new wooden stock of the same design, but replacing the original firearm stock with a plastic stock would change its classification as a C&R item.
 
Posts: 568 | Registered: 08 June 2008Reply With Quote
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To start with, its not "pre 98".....its pre '99.
If it was made by Loewe, then its a antique as that name ceased to be in 1896. After that, DWM was being stamped on the receivers. If a DWM made receiver, there's a good chance it was made after Jan 1 1899.

In the definition in the OP's first post...
Read sub paragraph A as it stands...."Any firearm manufactured in or before 1898"
Dont ADD sub paragraph B to it.
It clearly states "or".

Looky here.... http://www.mausercentral.com/f...iewtopic.php?t=15832
Follow the link there.


......civilize 'em with a Krag
 
Posts: 291 | Location: Way out west | Registered: 23 January 2007Reply With Quote
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quote:
Originally posted by ikesdad:
To start with, its not "pre 98".....its pre '99.
If it was made by Loewe, then its a antique as that name ceased to be in 1896. After that, DWM was being stamped on the receivers. If a DWM made receiver, there's a good chance it was made after Jan 1 1899.

In the definition in the OP's first post...
Read sub paragraph A as it stands...."Any firearm manufactured in or before 1898"
Dont ADD sub paragraph B to it.
It clearly states "or".

Looky here.... http://www.mausercentral.com/f...iewtopic.php?t=15832
Follow the link there.


Thanks for the corrections. Like I said I'm not good at figuring out the BTAF. I like to play it safe and use an FFL.

Thanks!
 
Posts: 2242 | Registered: 09 March 2006Reply With Quote
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In a nutshell....if its stamped "Loewe", then its an antique. No different than sending a pair of vise grips, or Aunt Sally's ball peen hammer.


......civilize 'em with a Krag
 
Posts: 291 | Location: Way out west | Registered: 23 January 2007Reply With Quote
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quote:
Originally posted by ikesdad:
In a nutshell....if its stamped "Loewe", then its an antique. No different than sending a pair of vise grips, or Aunt Sally's ball peen hammer.


I'll post some pics later but I never saw a "Loewe" on it.
 
Posts: 2242 | Registered: 09 March 2006Reply With Quote
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If anyone could find any in charge bureaucrat that could define and cast in concrete rulings and definitions, I would buy him a cigar.

These agents have their own agenda..they will interpret the law as they damn well please.

A friend just got audited...said agent informed him of an "announced inspection" while sitting in her car in his driveway.

She interpreted him as a "manufacturer" Now...mfg. license...extra $150.00 from BATF and referred him to the State Dept (Hillary's bailwick) for another license priced at $2200.00 per year.

How's that for "gun control" Lots of drive-by shootings committed with bolt action 270's, yaknow. What bullshit...and I'm telling you,..you better get damn well worked up...this is only the first step by BATF pricks.

The irony is that the more they close down hated "gun dealers", the faster they are working themselves out of a job...that may be the silver lining!
 
Posts: 2221 | Location: Tacoma, WA | Registered: 31 October 2003Reply With Quote
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Scrolling down on the link http://www.empirearms.com/pre-1899.htm
the 1893 Turkish contract rifle is exempt.

However....your receiver is marked with the arsenal and a 1940 date on the ring. So, is this a receiver that has been scrubbed when it went to the arsenal for rebuild? Or actually made in 1940? Is it a contract manufactured or domestic?

Did the Turks make 93 patterns in 1940?....probably not
With no more info than what is on the receiver, you did the prudent thing rather than trying to explain it to a Fed.


......civilize 'em with a Krag
 
Posts: 291 | Location: Way out west | Registered: 23 January 2007Reply With Quote
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Picture of jeffeosso
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quote:
Originally posted by craigster:
What part of "I will only ship to a C&R or Class 1 FFL" doesn't he understand?

You don't know this guy from Jack, don't take the chance.


opinions vary band of bubbas and STC hunting Club

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Posts: 40075 | Location: Conroe, TX | Registered: 01 June 2002Reply With Quote
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Just be SAFE!!! If it has a Ser #? Send it to an FFL! Then you know you`ll be ok.
Aloha, Mark


When the fear of death is no longer a concern----the Rules of War change!!
 
Posts: 978 | Location: S Oregon | Registered: 06 March 2004Reply With Quote
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Picture of Rub Line
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Find a new buyer. I won't even sell to C&R guys. If you want my gun, it goes through an FFL dealer, plain and simple. Screw that guy.


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Posts: 1992 | Location: WI | Registered: 28 September 2007Reply With Quote
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