Posted on Jun 30, 2015
When are old family heirloom firearms subject to Federal Firearms Laws?
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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
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
Posted in these groups: 
Firearms and Guns
Firearms and Guns
Posted 9 y ago
Responses: 7
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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
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.
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SSgt Brycen Shumway
I went and got the rifle out, to look at it in detail. There is an imprint on the trigger housing that says: CRACKSHOT - 26
The Barrel has a stamp reading: J STEVENS ARMS COMPANY PAT. AP (could be a AD, unsure) 22-1913 CHICOPEE FALLS, MASS. U.S.A. 22-LONG RIFLE
That's all the markings I can find on the gun itself. The barrel is shorter than my Logitech G510 Keyboard. And I know the barrel says Long Rifle, but my dad swears it only uses 22 Short.
It's getting pretty late, so I will have to look over the link you posted tomorrow after work.
The Barrel has a stamp reading: J STEVENS ARMS COMPANY PAT. AP (could be a AD, unsure) 22-1913 CHICOPEE FALLS, MASS. U.S.A. 22-LONG RIFLE
That's all the markings I can find on the gun itself. The barrel is shorter than my Logitech G510 Keyboard. And I know the barrel says Long Rifle, but my dad swears it only uses 22 Short.
It's getting pretty late, so I will have to look over the link you posted tomorrow after work.
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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.
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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).
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).
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