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Bought a Winchester 1873 online, now the seller is asking for the transfer to go through a FFL. I tried to explain it’s considered an antique (pre 98) but to no effect. Thought the GCA of 1968 set 1898 as date for firearms to be considered antiques, not subject to FFL transfer. How to I show him this or am I wrong?
Thanks,
Steve
Steve,
About all you can do is send him links to the law. Here is one link to Gun Broker. If he still wants to send through a FFL then tell him he has to pick up the fees for the transfer.
Bob
WACA Life Member--- NRA Life Member---- Cody Firearms member since 1991 Researching the Winchester 1873's
Email: [email protected]
Steve,
http://about.usps.com/postal-bulletin/2011/pb22321/html/updt_001.htm
Here is a link to USPS and have him check out the definition of a “Firearm” (but the term shall not include an antique firearm.) and the definition of a “Antique” (or any firearm (including those with a matchlock, flintlock, percussion cap, or similar type of ignition system) manufactured on or before 1898,)
The key is for him to understand a Antique gun is not a Firearm and therefor not regulated.
Bob
WACA Life Member--- NRA Life Member---- Cody Firearms member since 1991 Researching the Winchester 1873's
Email: [email protected]
For future reference, I would clarify with the seller up front if they require an FFL for an antique transfer. I’ve noticed that all post whether an FFL is required or not on gunbroker.com and the majority of those who want an FFL for an antique seem to be in the East.
I just checked the 1885’s listed as antiques on Gunbroker. After discarding the post 1898’s, which aren’t antiques, I came up with 9. 8 don’t require and FFL and one does (for riffle listed as a 2nd year production) and he is in Virginia. Interestingly, I found 1 listing that requires and FFL, but has no serial number. The photos indicate that the serial number may have been filed off. The seller says he requires and FFL transfer because he can’t tell when the rifle was made. As I understand it, if the gun was made after 1898 and has no serial number, it is an illegal weapon. If it was made before 1899 it doesn’t need to have a serial number. Since the seller is a dealer it seems to me that he shouldn’t be listing that rifle.
http://www.gunbroker.com/Auction/ViewItem.aspx?Item=462701167
"This is the West, sir. When the legend becomes fact, print the legend."
It wasn’t until the Gun Control act of 68 that required serial numbers on all guns but a filed off serial number would be illegal.
27 CFR 478.34
“No person shall knowingly transport, ship, or receive in interstate or foreign commerce any firearm which has had the importer’s or manufacturer’s serial number removed, obliterated, or altered, or possess or receive any firearm which has had the importer’s or manufacturer’s serial number removed, obliterated, or altered and has, at any time, been shipped or transported in interstate or foreign commerce.“
Bob
WACA Life Member--- NRA Life Member---- Cody Firearms member since 1991 Researching the Winchester 1873's
Email: [email protected]
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