Stumble Leena Posted December 18, 2015 Share Posted December 18, 2015 Hi Guys, I have a question. I am cleaning out a few guns, and have come across this one. Its a Marlin 1888 and want to put up for sale. Do I have to send to FFL or is it an antique and can send straight to buyers home? Thanks, Stumble Leena Link to comment Share on other sites More sharing options...
Reuben McCoy Rankin # 34239 Posted December 18, 2015 Share Posted December 18, 2015 You better look it up before u put it up for sale. Might be with more than u think Link to comment Share on other sites More sharing options...
Chickasaw Bill SASS #70001 Posted December 18, 2015 Share Posted December 18, 2015 Please look it up as to the price also try to determine the Mfg date , if made on or after 1 Jan 1899 , it is a moderan firearm , according to the BAFTE pre 1898 is antique , but local regulations may require going through an FFL , Chickasaw Bill Link to comment Share on other sites More sharing options...
cowrustler Posted December 18, 2015 Share Posted December 18, 2015 None of these require an ffl unless the buyer lives in some oddball state. They were all made before 1889. Depending on condition, they are worth a few hundred to several thousand dollars. Get an opinion from some one who isn't looking to buy it. I'm one who would. Link to comment Share on other sites More sharing options...
Stumble Leena Posted December 18, 2015 Author Share Posted December 18, 2015 Thanks guys! Stumble Leena + Link to comment Share on other sites More sharing options...
BoomStick Jay Posted December 18, 2015 Share Posted December 18, 2015 I'll buy it! Pending price of course lol Link to comment Share on other sites More sharing options...
Stumble Leena Posted December 18, 2015 Author Share Posted December 18, 2015 You guys are too funny! I just got the pictures posted to photo bucket. (Can't figure out how to add them here) and I took a lot of them so you'all can see all the little knooks and krannys! But will post tomorrow with price and link to pictures, if I can figure that out. Thanks for all the help! Especially to Mudflat Mike! See ya tomorrow! Stumble Leena + Link to comment Share on other sites More sharing options...
Nickel City Dude Posted December 18, 2015 Share Posted December 18, 2015 Remember it only fall into the pre 1898 category if it uses "ammunition that is not available in the normal channels of trade". Link to comment Share on other sites More sharing options...
Bad Hand Posted December 18, 2015 Share Posted December 18, 2015 Remember it only fall into the pre 1898 category if it uses "ammunition that is not available in the normal channels of trade". That is not true, maybe in New York but not by BATF regulations Link to comment Share on other sites More sharing options...
Nickel City Dude Posted December 18, 2015 Share Posted December 18, 2015 That is not true, maybe in New York but not by BATF regulations You might want to go back and read that part of the law again. That exemption has two parts the first part has to do with the date of manufacture and the second has to do with the type of ammunition it uses. Lots of people stop reading after the part about 1898 but the part about the ammunition also has a lot to do with its exemption for being an antique. And it is not just a NY thing this is nation wide. But I will give you this NY laws are really stupid. Here is the law in a nutshell:| A: From the Gun Control Act of 1968 (Which modified Title 18, U.S. Code): 18 USC 921 (a)(16). (A) any firearm (including any firearm with a matchlock, flintlock, percussion cap, or similar type of ignition system) manufactured in or before 1898; or ( 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. Link to comment Share on other sites More sharing options...
Goody, SASS #26190 Posted December 18, 2015 Share Posted December 18, 2015 It's an 'Or', not 'And'. If it fits the first example, it is a an antique, period. Link to comment Share on other sites More sharing options...
cowrustler Posted December 18, 2015 Share Posted December 18, 2015 Good Lord! How many people read this wrong? The 2nd part refers to replicas. Ms. Stumble's 1888 Marlin is not a replica. I've seen this error repeated so many times by people who are so sure of their position and are so wrong. If the gun was made prior to 1898 it is an antique. Period. It doesn't matter if Cabelas is giving away ammunition for it. Link to comment Share on other sites More sharing options...
Nickel City Dude Posted December 18, 2015 Share Posted December 18, 2015 It's an 'Or', not 'And'. If it fits the first example, it is a an antique, period. I have a lodge brother that is a BATF agent and he told me that both the date of manufacture and the ammunition designated an antique. But as you pointed out the word is not “and” it is “or” and seams to deal specifically with replicas not originals. You may have a point that he is not aware of, I will have to run this past him at our next meeting. I do know that Armisport makes an 1865 Spencer reproduction in both 44-40 and 45 LC and they are required to go threw an FFL for transfer. They also make one in the original caliber of 56-50 that also has to got threw an FFL. You make a good point, I will have to look into it further. Link to comment Share on other sites More sharing options...
cowrustler Posted December 18, 2015 Share Posted December 18, 2015 Nickel City, the Spencer requiring an ffl is a replica and shoots available ammunition. The version firing 56-50 is a replica does not as the ammunition is not available. But the ammunition availability relates only to replicas. Your BATF friend needs to go back and read the regs. He's wrong, completely wrong, but most government employees are loath to ever admit that. Bet him $1000 and see if he takes it. If he takes the bet, you are well on your way to a new firearm courtesy of the BATF! Link to comment Share on other sites More sharing options...
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