Antique Firearms

From Calguns Wiki

Definition

Generically a weapon made in or before 1898

CA Penal Code routinely defines Antique Firearm as those that are defined in USC 18, Sec 921(a)( 16). In at least one place, CA Penal Code defines Antique Firearm as "made prior to January 1, 1899". In one area, dealing with "destructive devices", it defines it according to [Section 479.11 of Title 27 of the Code of Federal Regulations.] [1]

[USC 18, Sec. 921(a)(16)][2] reads:

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.

Exceptions

Though antique firearms are not legally considered firearms when it comes to laws regarding the acquisition and purchase of firearms, a loaded black powder pistol is subject to the same restrictions as modern pistols with regard to concealed and open carry laws.