ATF Reason Behind Pre-1899 For Antiques

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  • I see this come up often, so I'm going to explain the deal on antiques in laymen's terms...
    The reason 1898 was selected as the cutoff is because metallurgy changed significantly just before the turn of the century. The steel used increased in quality dramatically at that time.
    Firearms made in 1895 have very little strength compared to firearms made at the turn of the century.
     

    Threeband

    The M1 Does My Talking
    MDS Supporter
    Dec 30, 2006
    25,305
    Carroll County
    Mainly, they pulled that number out of thin air, though.

    I think a Swedish Mauser from 1896 had better steel than an American Springfield from 1916: more consistent heat-treating, anyway.

    They could have chosen 1900 or 1890, but the year they did choose was "70 years ago."

    Just settled on the round number.
     

    Sirex

    Powered by natural gas
    Oct 30, 2010
    10,419
    Westminster, MD
    My antique Mosins don't care. They shoot and shoot and shoot and shoot and............ Besides, from what I have read/heard, the early 20's was the point for weaker steel in Mosins. The Finns kept using the antique receivers as long as they could.
     

    Machodoc

    Old Guy
    Jun 27, 2012
    5,745
    Just South of Chuck County
    Mainly, they pulled that number out of thin air, though.

    Maybe. What year did they make that ruling? Did it happen to be around 1998? In most European countries something needs to be at least 100 years old to be marketed as an antique. I wonder if they were applying something like that to the ruling at the time. Still, I agree that it's pretty arbitrary, with only scant rationale for setting that date.
     

    Threeband

    The M1 Does My Talking
    MDS Supporter
    Dec 30, 2006
    25,305
    Carroll County
    Maybe. What year did they make that ruling? Did it happen to be around 1998? In most European countries something needs to be at least 100 years old to be marketed as an antique. I wonder if they were applying something like that to the ruling at the time. Still, I agree that it's pretty arbitrary, with only scant rationale for setting that date.



    It was the Gun Control Act of 1968 which established "70 years ago" as the cut off.

    1968- 1898 = 70



    Smokeless powder = 1886

    "Antique" is nothing more than "70 years ago", when the GCA of 1968 was passed.


    http://en.wikipedia.org/wiki/Gun_Control_Act_of_1968
     

    Mike OTDP

    Ultimate Member
    Feb 12, 2008
    3,324
    Yup. Which means the definition REALLY needs to be updated from a 45-year-old law.
     

    Threeband

    The M1 Does My Talking
    MDS Supporter
    Dec 30, 2006
    25,305
    Carroll County
    They are NEVER going to allow the cut-off year to "roll". That would make any pre-1943 firearm an antique.

    Best we'll get is the rolling 50 years for C&Rs.
     

    WeaponsCollector

    EXTREME GUN OWNER
    Mar 30, 2009
    12,120
    Southern MD
    Definitely time to update those outdated old laws.
    70 years ago was 1943 - got to be some way to make it so guns made in 1943 and before can be considered antique.
     

    Furious George

    Active Member
    May 10, 2010
    340
    Antiques are not considered firearms under the current law.

    There was some talk of updating the antique year cut off when the FOPA was being crafted in 1986.

    Then someone pointed out that a 303 Vickers and an Maxim MG08 would become uncontrolled antiques if the cut off started rolling forward.

    At that point the discussion was over.
     

    Mike OTDP

    Ultimate Member
    Feb 12, 2008
    3,324
    It would not be hard to exempt full auto.

    If I were doing it, I'd go with a fixed date. Say 1935, with the ATF authorized to declare certain makes and models of firearms made after that date as all antiques.
     

    Threeband

    The M1 Does My Talking
    MDS Supporter
    Dec 30, 2006
    25,305
    Carroll County
    ...

    Then someone pointed out that a 303 Vickers and an Maxim MG08 would become uncontrolled antiques if the cut off started rolling forward.

    ...


    Say hello to my little Potato Digger.


    Bwa-ha-ha-ha-ha!

    images
     
    I've pondered this as well, why 1898 in particular? I think it came down to several factors

    * At the time, the Centennial of the American Civil War was still a recent memory, and Westerns were still very popular in theaters and on TV. Congress didn't want to alienate the people who collected the Old West or Civil War re-enactors.

    * The Smith & Wesson .38 Hand Ejector/Military & Police/Victory/Model 10 was introduced in 1899

    * There were only a handful of semi-auto pistols available prior to 1899 (the Broomhandle and Borchardt predominantly).

    * The Model 1898 Mauser would not have gone into serious production until 1899

    * Also precludes all Savage 1899/99 rifles from being antique (1895s still are)

    As others mentioned, Congress wanted a clear dividing line between non-gun antique and "modern" firearm and 1899 was, in their estimation, the best place to draw the line.
     

    K31

    "Part of that Ultra MAGA Crowd"
    MDS Supporter
    Jan 15, 2006
    35,674
    AA county
    The 1899 rule came into being due to a widespread defect in primitive computers of the 1860's known as the Year 1900 Bug. If they had based the definition on an offset such as 70 years then when it hit 1900, all firearms would then be declared antiques.

    What a great year that would have been...
     

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