You have a valid point !

I purchased a rather nice circa 1897 Marlin Model 1895 in 38-56 from Leroy Merz a number of years back and he shipped it direct to me via UPS no signature required . Now bear in mind I live in the country . And they just propped it against the wall right beside the front door .

BUT it was right there pretty much the first thing an unwanted visitor would notice and on top of that it naturally was in a cardboard box so if there was rain well you get the picture .

Getting back to Craig's original post, I am of the opinion that ATF does not want "non guns", in other words, pre 1898, in a licensee's bound book. Their reasoning is that a non gun is none of their business.

My understanding is that this has nothing to do with ATF and everything to do with New York’s safe act.

This just taken from the ATF’s website under “Questions & Answers”


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Hmmm, looks like North Missouri auctioneers are compliant. That is hardly ever the case.:rotf:

The NY Safe Act has a universal background check for all sales and transfer with a few exceptions. The background check must be done by a 01 FFL. How can an 01 FFL do a background check on an antique firearm that is outside the jurisdiction of the ATF? That is why the NY Safe Act does not apply to antique firearms in my opinion. That being said Morphy's can make up any rules they feel comfortable with, but it is a inconvenience to customers.

Under the United States Gun Control Act of 1968, any cartridge firearm made in or before 1898 ("pre-1899") is classified as an "antique", and is generally outside of Federal jurisdiction,[8] as administered and enforced by the Bureau of Alcohol, Tobacco, Firearms and Explosives (BATFE). The only exceptions to the Federal exemption are antique machineguns (such as the Maxim gun and Colt Model 1895 "Potato Digger") and shotguns firing shotgun shells that are classified as "short barreled" per the U.S. Gun Control Act of 1968, namely cartridge rifles with a barrel less than 16 inches long, or shotguns firing shotgun shells with a barrel less than 18 inches long, or either cartridge rifles or shotgun-shell-firing shotguns with an overall length of less than 26 inches.

Yup, I think Craig and I agree. Pre 1898 guns are "non guns" and the ATF considers them none of their business. States can make all the laws they wish, but it isn't any concern of "instantcheck" or ATF.

Or either cartridge rifles or shotgun-shell-firing shotguns with an overall length of less than 26 inches.[/QUOTE]

I don’t understand this pert at all... can somebody explain what this means?





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Dean if a gun fits the description of an antique but has been modified to be less than 26 inches overall then it is considered a firearm.

from https://safeact.ny.gov/gun-owners

Antique Guns & Magazines
Q: Is there any exception for historic or antique guns and magazines?
A: Yes, they are exempt from the prohibition against transfer, but if the gun qualifies as an assault weapon or the magazine holds over ten rounds it must be registered.