Purchase of pre 1898 revolver...

[TwincamJim]

So a friend of mine asked me to find information on a handgun she found in her mom's attic that belonged to her grandfather.. After sending me a picture and me googling images I believe it is a pre 1898 Hopkins & Allen revolver "the Dictator"... If she would sell this to me what would we need to do in order to accomplish this??

[bob308]

if it is a pre 1898 not a thing. just pay for it and take it.

[R L Suehr]

^^^THIS^^^

Pre-1898 os considered an antique and doesn't require any kind of transfer as long as your not prohibited in some way. If you decide to shoot it I defenitly would take it to a quality gunsmith and have it checked out first.

[TwincamJim]

I have my PA CCW and own a few handguns... Thanks for the info... Now to wait till i get more info on it and what she wants to do with it..

[eyecanshoot]

What if ,from the best available sources, it dated from 1898? Would it be exempt under the language of the law or would it not? Isn't most dating from this period based mainly on educated guesses and hard to prove for certain?

I only ask because I have a H&R revolver (.32 black powder cartridge) that I was told was made in 1898. My mother gave it to me so I didn't need a background check but I would still like to know the law. Also doesn't it qualify as exempt if ammo is no longer available?

[R L Suehr]

What if ,from the best available sources, it dated from 1898? Would it be exempt under the language of the law or would it not? Isn't most dating from this period based mainly on educated guesses and hard to prove for certain?

I only ask because I have a H&R revolver (.32 black powder cartridge) that I was told was made in 1898. My mother gave it to me so I didn't need a background check but I would still like to know the law. Also doesn't it qualify as exempt if ammo is no longer available?

I don't have the actual law in front of me and IANAL. I believe the language states that to be considerd antique it has to be proven that it was made before 1898. Meaning that manufactured in 1898 would make a transfer required if you were to sell it. I don't think being in a caliber that is no longer made would make it eligable to be an antique automatically as there are lots of guns manufactured in the 20th century that are chambered in calibers that are no longer made. This might make something C&R eligable but not an antique.

[R L Suehr]

Looks like I was wrong. The ATF page shows the law to state that any firearm designed in or before 1898 so gun manufactured in 1898 would qualify as an antique.

[eyecanshoot]

Looks like I was wrong. The ATF page shows the law to state that any firearm designed in or before 1898 so gun manufactured in 1898 would qualify as an antique.

Thank you! I did check there before but I believe it only used to read "manufactured after 1898" and thats where my confusion came from. I thought after 1898 could be interpreted as Jan 1st, 1898 or Dec 31st, 1898. Again thank you very much.

I think your also right about the ammunition no longer being manufactured as just qualifying as a C&R. Rep coming your way.

[tl_3237]

Looks like I was wrong. The ATF page shows the law to state that any firearm designed in or before 1898 so gun manufactured in 1898 would qualify as an antique.

The date of manufacture, not design, is the deterministic factor:

18 USC 921(a)(16) The term “antique firearm” means-
(A) any firearm (including any firearm with a matchlock, flintlock, percussion cap, or similar type of ignition system) manufactured in or before 1898;

What ATF page are you referring to???

[indianjack]

I own a S&W lemon Squeezer that was designed before 1898, but might have been manufactured after. I needed to get the instant check to buy it. Also note any pistol with a design that wasn't carried into the 20th century, ie cap and ball, muzzle loader etc, doesn't need instant check. An interesting side note, if you buy a colt or Remington replica built in the 21st century modify it with a cartridge conversion kit you basically have a single action every bit as good as a colt peacemaker but need no FFA to purchase it.