1873 Win 38-40 made in 1880, Antique?

mac1911

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Is the 1883 win 38-40 made in 1880 a Antique?
I was reading ATF web site and it appears because its centerfire it does not hold its Antique Status ?
Am I reading that right

 

For the purposes of the National Firearms Act, the term “Antique Firearms” means any firearm not intended 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 or replica thereof, whether actually manufactured before or after the year 1898) 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.
 

For the purposes of the National Firearms Act, the term “Antique Firearms” means any firearm not intended 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 or replica thereof, whether actually manufactured before or after the year 1898) 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.
So since it was not redesigned/converted for center fire its a antique?
Or does it loose its Antique status because center fire ammo is produced for it commercially.
Maybe my comprehension sucks but reading that… I feel like it says
If theres center fire ammo made for your antique rifle today its not a antique rifle anymore?
 
I have some firearms that were made before 1898 that take modern ammo,but loaded to
black powder levels, like 45 long colt,45-70, and a few more.Now these were sold to me
by a few big firearms sales companies as Antiques.
This. My 1892 Trapdoor and 1890 Gew88 use center fire ammo, but it’s ‘unavailable’.
T
 
Just talking out loud here, I don’t know anyone that has ever been hassled on it. The only ones I know that have been really, really worried about it, are those who had older 45-70 cal rifles.

But when you think about it, those older guns were shot using ‘black powder loads’ and modern smokeless ‘heavier’ loads could destroy them, like that which happens to the Ballad rifles at every national shoot, 1 or 2 go KaBoom!

And I don’t know of anyone selling BP loads, But if they do, I would argue that is custom or special and may not fit the ‘only God knows Massachusetts unknown definition of commercial’ …
 
So since it was not redesigned/converted for center fire its a antique?
Or does it loose its Antique status because center fire ammo is produced for it commercially.
That’s the way I read it … however, if it helps you, I just looked on ‘Ammo Seek’ and there’s no 38-40 listed.
45-70,is still commercially made even specifically for the original springfield.

As is 38-40 might not been in stock anywhere but it is still made
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Is the 1883 win 38-40 made in 1880 a Antique?
I was reading ATF web site and it appears because its centerfire it does not hold its Antique Status ?
Am I reading that right


No, you're reading too much into it.

Anything manufactured in or before 1898 (Pre-1899), is an antique. It doesn't matter what kind of ammo it uses.

The only time ammo availability is in play is if it's a reproduction of an antique.
 
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