Definition of "Replica"

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  • halsem

    Member
    Dec 18, 2017
    19
    I am looking to sell a BP cap and ball revolver and just checking the legality. According to ATF, which MSP refers to as they don't have a definition on this issue, an antique firearm can be either older than 1899 or a replica of such that doesn't use modern ammunition (paraphrasing).
    I have a Pietta 1862 Police 6 shot 36 cal, which technically never existed in reality. Therefore it can't be a true replica. Whilst I am pretty sure I would have no issues selling without going through FFL, can anyone point to me a document from either MSP or ATF stating that a replica can also be 'representative' of an antique and not an exact replica of an antique?
     

    Blacksmith101

    Grumpy Old Man
    Jun 22, 2012
    22,287
    I am looking to sell a BP cap and ball revolver and just checking the legality. According to ATF, which MSP refers to as they don't have a definition on this issue, an antique firearm can be either older than 1899 or a replica of such that doesn't use modern ammunition (paraphrasing).
    I have a Pietta 1862 Police 6 shot 36 cal, which technically never existed in reality. Therefore it can't be a true replica. Whilst I am pretty sure I would have no issues selling without going through FFL, can anyone point to me a document from either MSP or ATF stating that a replica can also be 'representative' of an antique and not an exact replica of an antique?

    It is not considered a firearm by the ATF. See c. below.
    https://www.atf.gov/firearms/firear...arms-ammunition-gun-control-act-definitions-0

    C. Any muzzle loading rifle, muzzle loading shotgun, or muzzle loading pistol, which is designed to use black powder, or black powder substitute, and which cannot use fixed ammunition. For purposes of this subparagraph, the term antique firearm shall not include any weapon which includes 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.
     
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