US Government Info

  1. Home
  2. News & Issues
  3. US Government Info

Antique Firearms Defined

Guide Extra:

Under Title 18, Section 921(a)(3) of the United States Code, "antique firearms" are specifically excluded from the definition of "firearm" as follows:

"The term ''firearm'' means (A) any weapon (including a starter gun) which will or is designed to or may readily be converted to expel a projectile by the action of an explosive; (B) the frame or receiver of any such weapon; (C) any firearm muffler or firearm silencer; or (D) any destructive device. Such term does not include an antique firearm."

Title 18, Section 921(a)(16) then defines "antique firearm" as follows:

"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; and
  • (B) any replica of any firearm described in subparagraph (A) if such replica -
    • (i) is not designed or redesigned for using rimfire or conventional centerfire fixed ammunition, or
    • (ii) uses rimfire or conventional centerfire fixed ammunition which is no longer manufactured in the United States and which is not readily available in the ordinary channels of commercial trade."

A "destructive device" according to Title 18, Section 921(a)(4) is...

Gun Control Online Debate Read or join in a free online forum dedicated to the gun control.

"The term ''destructive device'' means -

  • (A) any explosive, incendiary, or poison gas -
    • (i) bomb,
    • (ii) grenade,
    • (iii) rocket having a propellant charge of more than four ounces,
    • (iv) missile having an explosive or incendiary charge of more than one-quarter ounce,
    • (v) mine, or
    • (vi) device similar to any of the devices described in the preceding clauses;
  • (B) any type of weapon (other than a shotgun or a shotgun shell which the Secretary finds is generally recognized as particularly suitable for sporting purposes) by whatever name known which will, or which may be readily converted to, expel a projectile by  the action of an explosive or other propellant, and which has any barrel with a bore of more than one-half inch in diameter; and
  • (C) any combination of parts either designed or intended for use in converting any device into any destructive device
    described in subparagraph (A) or (B) and from which a destructive device may be readily assembled. The term ''destructive device'' shall not include any device which is neither designed nor redesigned for use as a weapon; any device, although originally designed for use as a weapon, which is redesigned for use as a signaling, pyrotechnic, line throwing, safety, or similar device; surplus ordnance sold, loaned, or given by the Secretary of the Army pursuant to the provisions of section 4684(2), 4685, or 4686 of title 10; or any other device which the Secretary of the Treasury finds is not likely to be used as a weapon, is an antique, or is a rifle which the owner intends to use solely for sporting, recreational or cultural purposes."

More Gun-Related Laws

Gun Control Online Debate from_about.gif (913 bytes)
Read or join in a free online forum dedicated to the gun control issue from your About Guide.

Subscribe to the Newsletter
Name
Email

Explore US Government Info

More from About.com

US Government Info

  1. Home
  2. News & Issues
  3. US Government Info

©2008 About.com, a part of The New York Times Company.

All rights reserved.