Transfer of an antique shotgun

[metrotps]

I have this verified pre-1898 shotgun. (DOB 1890) Was a 20 gauge Damascus barreled double. The Damascus barrels were so pitted that they had to be lined with modern steel to fire 28 gauge shells. Does this still qualify as an antique? Am I required to transfer it per I-594?
I am confused per RCW 9.41.113, Firearm sales or transfers—Background checks—Requirements—Exceptions.
(4) This section does not apply to:
(b) The sale or transfer of an antique firearm;

[MadPick]

Here you go:
http://apps.leg.wa.gov/rcw/default.aspx?cite=9.41.010

(1) "Antique firearm" means a firearm or replica of a firearm not designed or redesigned for using rim fire or conventional center fire ignition with fixed ammunition and manufactured in or before 1898, including any matchlock, flintlock, percussion cap, or similar type of ignition system and also any firearm using fixed ammunition manufactured in or before 1898, for which ammunition is no longer manufactured in the United States and is not readily available in the ordinary channels of commercial trade.

[MadPick]

I am not a lawyer and this is not legal advice . . . but my understanding per Washington law is that your shotgun is NOT an antique because it fires modern ammunition.

[metrotps]

Thanks I also believe now that RCW 9.41.010 Section 1 "Antique firearm" means a firearm or replica of a firearm not designed or redesigned for using rim fire or conventional center fire ignition with fixed ammunition and manufactured in or before 1898, including any matchlock, flintlock, percussion cap, or similar type of ignition system and also any firearm using fixed ammunition manufactured in or before 1898" is the sticking point and thus negates the antique qualification. Since I no longer shoot this shotgun I intend to sell it and want to follow the law.

[usrifle]

Seems contradictory.....Mosin Nagant made before Jan 1st 1899 is an Antique.
It fires ammunition made before and after that date.
Under Federal Law, no problem it's not a firearm, it's an Antique.
WA Law? .......WTF?
Was shotgun ammo before 1898 not center-fire?

[MadPick]

Thanks I also believe now that RCW 9.41.010 Section 1 "Antique firearm" means a firearm or replica of a firearm not designed or redesigned for using rim fire or conventional center fire ignition with fixed ammunition and manufactured in or before 1898, including any matchlock, flintlock, percussion cap, or similar type of ignition system and also any firearm using fixed ammunition manufactured in or before 1898" is the sticking point and thus negates the antique qualification. Since I no longer shoot this shotgun I intend to sell it and want to follow the law.

I think the second part of the RCW is the applicable part . . . but still, like I mentioned above, my opinion is that it's not an antique.

Seems contradictory.....Mosin Nagant made before Jan 1st 1899 is an Antique.
It fires ammunition made before and after that date.
Under Federal Law, no problem it's not a firearm, it's an Antique.
WA Law? .......WTF?
Was shotgun ammo before 1898 not center-fire?

As with other things, there's a difference between federal and Washington law. Since we're just talking about 594 requirements here, federal law is irrelevant and only the Washington definition applies.

[metrotps]

"Was shotgun ammo before 1898 not center-fire?"
I believe the RCW intent is to distinguish pre98 chamberings such as 2-1/2 inch black powder from post98 modern shot shells. Remember I-594 is not about common sense or what is just...it's about control!

[leadcounsel]

I have this verified pre-1898 shotgun. (DOB 1890) Was a 20 gauge Damascus barreled double. The Damascus barrels were so pitted that they had to be lined with modern steel to fire 28 gauge shells. Does this still qualify as an antique? Am I required to transfer it per I-594?
I am confused per RCW 9.41.113, Firearm sales or transfers—Background checks—Requirements—Exceptions.
(4) This section does not apply to:
(b) The sale or transfer of an antique firearm;

Here's my legal advice. I don't know the answer, since WA really made it confusing. And given that significant changes were made to the gun, it might alter the "antique-ness" of it anyway (for instance, C&R guns can lose their status if materially altered).

See federal definition of antique for starters:

https://www.law.cornell.edu/uscode/text/18/921
18 US Code Sec 921
(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; or
(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; or
(C) any muzzle loading rifle, muzzle loading shotgun, or muzzle loading pistol, which is designed to use black powder, or a black powder substitute, and which cannot use fixed ammunition. For purposes of this subparagraph, the term “antique firearm” shall not include any weapon which incorporates a firearm frame or receiver, any firearm which is converted into a muzzle loading weapon, or any muzzle loading weapon which can be readily converted to fire fixed ammunition by replacing the barrel, bolt, breechblock, or any combination thereof.

http://apps.leg.wa.gov/rcw/default.aspx?cite=9.41.010
RCW 9.41.10
(1) "Antique firearm" means a firearm or replica of a firearm not designed or redesigned for using rim fire or conventional center fire ignition with fixed ammunition and manufactured in or before 1898, including any matchlock, flintlock, percussion cap, or similar type of ignition system and also any firearm using fixed ammunition manufactured in or before 1898, for which ammunition is no longer manufactured in the United States and is not readily available in the ordinary channels of commercial trade.

What I do know is there are 4 options:

1. Pay $15 for a transfer and be 100% sure you're in compliance
2. Don't pay $15 transfer and risk committing a misdemeanor (1st time, felony 2nd offense)
3. Hire a lawyer for $200/hr to research and give you an opinion, which may be wrong
4. Keep it and avoid the headache

[metrotps]

Thanks for weighing in on this "leadcounsel" as I previously believed the federal law prevailed on the "Antique" question as "usrifle" posted "Seems contradictory.....Mosin Nagant made before Jan 1st 1899 is an Antique. It fires ammunition made before and after that date. Under Federal Law, no problem it's not a firearm, it's an Antique. WA Law? .......WTF? Was shotgun ammo before 1898 not center-fire?" Thanks to "usrifle" for your post also.
I really appreciate all the posts, and besides selling this shotgun.. I thought this "antique" question could be of value to the members of this forum.

[Unicorn]

Whomever wrote the RCW seems to have just copied a lot of it directly from federal law. Federal law has the wording about ammunition,

"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."

Last edited by Unicorn on Fri Jun 02, 2017 10:59 am, edited 1 time in total.

[MadPick]

Unicorn, you usually come into these threads and put us on the path of righteousness . . . but I think you're wrong on this one.

State law is different than federal law in this case. Yes, it's close but it's not the same.

Take a look at the ATF link that you provided. The section that you quoted ("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") applies only to replicas of antique firearms. All firearms actually manufactured in 1898 or earlier are "antique," regardless of the ammo they use.

[Unicorn]

I missed the word replica.