America is a wonderful place to live. We enjoy great prosperity and far more freedom than the citizens of most other nations. Our right to keep and bear arms is enshrined in the Constitution. But, as a union of 50 sovereign States, we also live with a patchwork of laws. Something that is perfectly legal in one State can be a misdemeanor or even a felony in another. I feel fortunate to live in a very gun-friendly state in the Northern Rockies with permitless open carry, permitless concealed carry, and permitless vehicular carry. Here, nobody blinks an eye when they see a holstered pistol or a rifle in the back window of a pickup truck. But, meanwhile, gun owners who live in “blue” states often live in fear of violating some obscure state law or local ordinance. They cannot walk into a gun show and buy a modern gun from a fellow Private Party, and walk out the door. And, sadly, ever since 1968, nobody living in any state can buy a modern (post-1898) gun across state lines without processing the transaction through a FFL, filling out a Form 4473, and — more recently — passing a NICS (FBI) background check.
Another important legal change took place in 1968: There became two distinct categories of guns in the United States: Post-1898 “Firearms” and pre-1899 “Antiques.” Antique guns (and blackpowder replicas) can be freely bought and sold across state lines. Under Federal law, they are treated like slingshots and BB guns: no paperwork and no Federal jurisdiction. It all comes down to the date of manufacture of the gun’s frame or receiver. A Winchester Model 1894 .30-30 with a frame made in 1898 is an Antique, but one on a frame made in 1899 is a Firearm, with all the requisite paperwork. Note that to be legally “antique” (i.e. from 1894 to 1898 production) a Winchester Model 1894 must have a serial number below 147,685.
Functionally, many antique and modern production guns are identical, but legally, they are in different worlds. Rebarreling, rechambering, rebluing, sporterizing, scoping, or otherwise altering a pre-1899 Antique gun does not change its legal category. The only exception is shortening the barrel of an Antique cartridge gun to less than 18 inches for shotguns or 16 inches for rifles. That would place them under the National Firearms Act (NFA) of 1934 restrictions.
Starting in the 1980s, I have been a part-time dealer in antique guns. I’ve sold hundreds of antique guns by mail order to folks all over the country. My main specialty is antique Mauser rifles. I also sell a lot of blackpowder (percussion cap) replica revolvers from makers like Ruger, Uberti, and Pietta. Those have become very popular with gun collectors in recent years, with the advent of cartridge conversion cylinders. Folks in most states can order a blackpowder revolver from me without paperwork, and separately order a .45 Colt or .45 ACP cylinder without paperwork made by companies like Kirst or Howell. Keep in mind that installing such a cylinder in a blackpowder replica might be a violation of some state laws, but that is no concern of mine. (Be sure to check your state and local laws before doing so.)
There are many oddities with state gun laws. For example, in some states, the definition of antique only includes muzzleloaders, and in some others, “antique” includes cartridge guns only if the cartridges are no longer made and not readily available in normal commerce. In some states, you can legally carry an antique gun without a permit, but not a modern gun. In some states, antique cartridge guns are treated differently from blackpowder muzzleloaders. In many states, you can hunt with a blackpowder muzzleloader in an extended hunting season. In some states, antique handguns are treated differently from antique long guns. In most states, antique guns of any type can be bought and sold without a background check. In some states, convicted felons can legally possess antique guns but not modern guns. Again, this requires doing some research. Do your due diligence before you buy a gun, or before you travel with a gun through various states.
Purchasing Privacy
The first-time sales of virtually all newly-manufactured cartridge guns must be handled by FFL holders, in all 50 states. In 16 states of the Union, there are no longer any legal secondary sales of modern guns without paperwork and a background check. But in the other 34 States, there are still “private party sales.” You can often find private party sellers at gun shows or on GunBroker.com and GunsAmerica.com.
The FindLaw.com website provides a handy reference chart, showing the locales where there is still firearms purchasing privacy. Again, 34 states still have some gun purchasing privacy, but the other 16 states do not. However, for the folks living in most of the 16 states with so-called “universal background checks” there is at least still some privacy for antique gun sales.
Finding a Practical Pre-1899
Some of you reading this might scoff, thinking that pre-1899 cartridge guns are “impractical”, “obsolete”, “inaccurate”, or “under-powered”. But some pre-1899 guns can be just as accurate and powerful as a newly-manufactured gun. For example, I sell a lot of Swedish Mauser Model 1894 carbines and Model 1896 rifles. These shoot the smokeless high velocity 6.5×55 cartridge which is renowned for its accuracy. And it is plenty powerful for deer hunting or for self-defense. If equipped with a scope, a Swedish Mauser is capable of very accurate long-range shooting. I’d gladly go to war, carrying one as a medium-range sniper rifle.
For defensive handguns, pre-1899s run the gamut from under-powered .32 S&Ws up to the very capable .45 Colt and .44-40. Personally, I consider .38 S&W to be the minimum caliber for practical self-defense.
For shotguns, there are a lot of pre-1899 12-gauge and 20-gauge models regularly on the market. I generally avoid Damascus steel barrels, but a fluid steel barrel antique shotgun is comparable to a modern gun. And even Damascus barrel guns can safely be fired with modern smokeless powder shells when using a subcaliber sleeve such as a Savage Four Tenner.
Be advised that the chamber length on some antique shotguns is shorter than modern standards. Back in 1898, the 12 gauge 2-1/2″ or 2-9/16″-length chamber was considered standard. With some searching, you can find fluid steel-barreled antique shotguns with 2-3/4″ chambers. Most of these are guns that went back to the factory for refurbishment, and typically that included resleeving or chamber deepening.
One of my favorite antique shotguns is an early-production Winchester Model 1897. Thankfully, those all had 2-3/4″ chambers. Note that to be legally “antique” (i.e. 1897 or 1898 production) a Model 1897 must have a serial number below 63,633.
Collectibility and Investment Potential
Pre-1899 antique guns have excellent investment potential. Even mainstream news outlets have begun to tout them. Because contemporary guns are still coming off the assembly lines, they are essentially a commodity. Most of them wil barely keep up with currency inflation. But the supply of pre-1899 guns is frozen, and the law of supply and demand is inescapable. This means that they can only go up in resale value. There are also a few modern percussion “antique” revolvers that are no longer in production. Most notably, this includes the Ruger Old Army revolvers, which went out of production in 2006. Because there will be no more of them produced, they can only go up in value.
Affordabilty
The limited supply of pre-1899 guns has put a lot of upward pressure on their prices in recent years. In particular, Colt revolvers, Merwin Hulbert revolvers, and Winchester rifles have been bid up to stratospheric heights. The prices realized at auction have continued to climb, especially for scarce models, engraved guns, and “special order” variants. But there are still a few bargains to be found. Many Smith & Wesson, Iver Johnson, and Harrington & Richardson revolvers are still quite affordable for middle-class shooters and collectors. Likewise, there are still many affordable Mauser and Mosin-Nagant rifles. Though the importation of pre-1899 military surplus rifles has nearly ended, there are still a few trickling into the country. One type that bears particular mention is the Swiss Schmidt-Rubin Model 1896/11 service rifle. These can shoot the modern full-power 7.5x55mm Swiss cartridge, which is still readily available. But to be legally antique, a Model 1896/11 must have a serial number below 236,500. (Higher-number examples were made in or after 1899.)
Key References
My mention of the Swiss Model 1896/11 reminds me to point out something quite important for folks who attend gun shows: With many guns being advertised as “antique”, you need to be a savvy buyer. Very few guns have their actual year of manufacture marked. (Those include military arsenal Swedish Mausers, Steyr Model 1895 rifles, and most Italian Carcano rifles.) Because production of many models spanned the December 31, 1898 threshold, you need to do your homework on production dates and serial numbers.
Back in the early 1990s, I was the co-author of a reference piece called The Pre-1899 FAQ. It includes the serial number “cutoff dates” delineating pre-1899 and post-1898 production, for dozens of models. I recommend printing out a copy of that FAQ and carrying it with you on your gun shopping excursions. The difference of just one year can mean a great difference in price, and of course also a huge difference in legality. (You can buy a pre-1899 antique out of state sans papiers, but “modern” 1899 and later guns have to go through a FFL dealer.)
Another important reference is the book Flayderman’s Guide
Just as when investing in other collectables, knowledge is power. Once you’ve pinned down one or two brands or models of interest, then I recommend that you invest in the best references that you can find.
Conclusion
I’ll end this article with a little bit of shameless self-promotion. I keep a good inventory of pre-1899 and replica blackpowder antiques at my Elk Creek Company side business. I have carefully curated my inventory for condition, practicality, and investment potential. I have a lot of repeat customers, for good reason: My prices are competitive, and I have a very good eye for pre-1899 guns. – JWR
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