When are old family heirloom firearms subject to Federal Firearms Laws?

SSgt Brycen Shumway — Tue, 30 Jun 2015 22:32:06 -0400

I keep reading a lot of Court Rulings slamming a person with "Possession of a Deadly Weapon". But the way the actual court documents make it sound, it sounds like the defendant was arrested first, then upon search of their household a firearm was found. Then there's a separate charge against the same person for "Possession of Ammunition".
So I went looking for the actual laws concerning this. Cause I'm curious about things like this, especially wherein most of the firearms I own, have been passed down through my family. I have a "Crackshot" Rifle. It's a legit Rifle, fires a .22 Short, and is probably barely a couple feet in length. Passed down to me from (probably) my Triple-Great Grandfather.
And according to 18 USC § 922(k), (o)& (v); 26 USC § 5861 - A Sawed-Off Rifle - Barrel Length less than 16" or overall length less than 26"... Does this mean that my ancestors unknowingly just placed me violation of a Federal Law? It's essentially a Family Heirloom. So does it fall under laws concerning stuff like that?
What about Ammunition? I have a 410 Shotgun (Garden Gun), as well as a .22 LR, and a 30-06. How much ammunition is 'Illegal'? Is it quantity of ammunition overall, or is it quantity based on the size of the caliber? I mean... I can think of some "shady" .22 LR ammo boxes wherein they would sell you 500 rounds of ammunition in a little old box. Gun always needed a cleaning when done shooting the stuff (but that's off-topic). Still... how much is too much, or is there a limit?

Just looking for some input on some laws I don't fully comprehend or may be looking at wrongly, and I'm fine.

http://www.justice.gov/sites/default/files/usao-ut/legacy/2013/06/03/guncard.pdf

Response by TSgt Private RallyPoint Member made Jun 30 at 2015 11:50 PM

TSgt Private RallyPoint Member — Tue, 30 Jun 2015 23:50:28 -0400

Your question is a little off. Due to legislation passed who knows when, some people were stripped of their right to keep and bear arms (a gross violation of the Constitution of the United States, but a topic for another day). As long as you are NOT a "prohibited person" as defined by the link you provided or live in a jurisdiction that has a habit of infringing on your rights, there is no "limit" on the number, types of firearms or how much ammunition you can store for your use. As to the heirloom rifle you mentioned, depending on its age, it may qualify as an antique and not be subject to any restrictions.

Keep in mind, that any legal advice you receive on the internet is worth every cent you paid for it. In other words, contact a legal eagle familiar with the laws of your current location. Your state's attorney general's office might be a good place to start.

Response by LTC Ed Ross made Jul 1 at 2015 1:19 AM

LTC Ed Ross — Wed, 01 Jul 2015 01:19:57 -0400

If the rifle was manufactured prior to 1936 it's legal. The first federal firearms law passed in the 1930s in reaction to the gangster gun violence of the era outlawed machine guns and sawedoff shotguns. See my column on gun control laws below. Is still possible to buy short barrel rifles but you must register them with the ATF and pay a tax around $200 I believe.

http://ewross.com/gun_control_vs_crime_control.htm

GUN CONTROL VS. CRIME CONTROL - EWRoss.com

It's difficult to write about the gun control debate without angering one side or the other. This column likely will anger both.

Response by PO1 John Miller made Jul 1 at 2015 2:52 AM

PO1 John Miller — Wed, 01 Jul 2015 02:52:31 -0400

SSgt Brycen Shumway, move to Arizona where our firearm laws are a lot more lenient, and it's also easier to register/acquire federally controlled firearms (fully automatic rifles for example).

Also, I'd LOVE to see a picture of your "sawed-off rifle." It sounds like a VERY cool "little" gun!

Response by Sgt Aaron Kennedy, MS made Jul 1 at 2015 6:26 AM

Sgt Aaron Kennedy, MS — Wed, 01 Jul 2015 06:26:52 -0400

As others have stated, it is VERY locale dependent.

Federal gun law is actually pretty easy to understand. For the most part, if you are NOT a convicted felon, have NOT been convicted of a crime which you could serve more than a year in prison (even if it is a misdemeanor), and have not been convicted of a Domestic Violence charge, you retain your Firearms Rights. Look at the ATF Form 4473 (the standard gun transaction form), and if you can fill that out without issue, you're probably okay, from a FEDERAL standpoint.

The issue most people run into is State & Local laws. State & Local laws have gotten MUCH more restrictive over the years, meaning you can be in violation of a State Law even though you are fine federally.

As an example, California has an "Approved List" which means if the firearm is not on the list by Model#, it isn't allowed. Combine that with registration requirements, and it becomes an "unregistered weapon" and/or "unlicensed person" in possession thereof.

The commonly quoted "more than 10,000 gun laws in the US" is because of all these rules and cross boundary issues.

You need to focus in on the National Firearms Act (1934), the Gun Control Act (1968), the Firearms' Owners Protection Act (1986), which are the 3 "main" federal laws. Then look at your state laws, and State Attorney General Opinions (and those of states you travel to frequently).

Response by SPC Private RallyPoint Member made Apr 9 at 2017 2:37 PM

SPC Private RallyPoint Member — Sun, 09 Apr 2017 14:37:04 -0400

Thankfully I live in Arizona where we don't deal with this sort of insanity. All firearms are legal, no magazine limits, no conceal carry weapons permit required but is still obtainable, 21 and older non-felons may conceal carry. You can own a machine gun or a suppressor if you want to pay the tax stamp. No waiting period. Private sales are legal.

All you have to do is pass a background check.

Response by LTC Lee Bouchard made Apr 1 at 2020 6:50 PM

LTC Lee Bouchard — Wed, 01 Apr 2020 18:50:21 -0400

you can contact ATF and they can give you a definitive answer. Usually, antique and collectables are exempt. But there many older models and types that are not. Ck with ATF or a knowledgeable gun dealer near you.

Response by CW2 Private RallyPoint Member made Apr 1 at 2020 10:06 PM

CW2 Private RallyPoint Member — Wed, 01 Apr 2020 22:06:59 -0400

A quick ( and I mean like 5 min) google shows the crackshot being a 16.5 inch barrel at the shortest I can find, with most coming OEM at 18" or 20". If it is indeed cut down that can change everything, as you cant prove anything then.
I have a 5.56 ar, 6.8 spc at, glock 20, .270, mosin-nagant, mossberg 500, 2 suppressors (paid stamp for both...so moot point and just bragging), ruger lcr .22mag, M&P shield m40 and M&P .22 and ammo for all which is plenty legal. I wouldnt worry about the ammo unless you're in either of the PRCs ( Peoples Republic of California/Connecticut).