Federal law does not include 'antique firearms' as firearms for purposes of 18 USC 922.
California law is less forgiving; while transfer may be made without using an FFL, 'antique firearms' ARE firearms for purposes of transfer to and possession by felons, and for purposes of carry and possession by persons who are not disabled by law.
Definition
Generically a weapon made in or before 1898
Find Serial Number Enter the serial number, without spaces or dashes, to search the database. If multiple models appear for your serial number simply match the date with the appropriate model, as certain vintage firearms can share serial numbers between different models. The firearm did have a serial number, as the manufacturer had utilized serial numbers on its firearms voluntarily. However, the serial number was removed for aesthetic or other reasons AFTER October 22, 1968. Possession of the firearm is illegal. Suppose there is a non-NFA firearm which was manufactured PRE October 22, 1968.
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 -
California law
Penal Code 16250 says
Penal Code 27500 is the prohibition on transfer to ineligibles:
Violation is punished according to Penal Code 27590
Penal Code 29800 is the punishment for an ineligible in possession
Unloaded open carry
For a very special circumstance, the ban on unloaded open carry at PC 26350 exempts unloaded 'antique firearms' through PC 16520(d)(5).
(1) ORS 166.250 (Unlawful possession of firearms), 166.260 (Persons not affected by ORS 166.250), 166.291 (Issuance of concealed handgun license) to 166.295 (Renewal of license), 166.410 (Manufacture, importation or sale of firearms), 166.412 (Definitions), 166.425 (Unlawfully purchasing a firearm), 166.434 (Requirements for criminal background checks), 166.438 (Transfer of firearms at gun shows) and 166.450 (Obliteration or change of identification number on firearms) do not apply to antique firearms.
(2) Notwithstanding the provisions of subsection (1) of this section, possession of an antique firearm by a person described in ORS 166.250 (Unlawful possession of firearms) (1)(c)(B) to (D) or (G) constitutes a violation of ORS 166.250 (Unlawful possession of firearms). [Amended by 1979 c.779 §6; 1989 c.839 §25; 1993 c.735 §8; 1995 c.729 §9; 2001 c.1 §11; 2001 c.666 §§35,47; 2003 c.614 §10; 2009 c.499 §5; 2015 c.50 §14]
Law Review Citations
51 OLR 427-637 (1972); 69 OLR 169 (1990)
- 166.410
Manufacture, importation or sale of firearms - 166.435
Firearm transfers by unlicensed persons - 166.445
Short title
Firearms Serial Lookup
3 OregonLaws.org assembles these lists by analyzing references between Sections. Eachlisted item refers back to the current Section in its own text. The result revealsrelationships in the code that may not have otherwise been apparent. Currency Information