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.
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