I would like to further clarify you statements about pre-1898 firearms.  You are right in that the NFA laws do say that pre-1898 firearms are considered antique firearms and are exempt from many of the gun control laws, but it goes on to say unless they use modern ammunition (i.e. ammunition that can still be purchased through a regular market) therefore not everything from before 1898 is antique.  Also, just because the NFA does not require you to have a license to own, sell or purchase them it does not mean they are outside of other gun control laws.

 

There are really three questions you need to check.  The real question is will the traveling exhibit cross state lines?  If yes, you need to check your interstate commerce laws.  You often must have a firearms license to transport firearms across state lines.  Check with your local law enforcement or a local firearms dealer.  They will know.  You also need to check with the museum that the exhibit is going to and any state it will travel through.  As a state agency, we are exempt and are not required to have a firearms license and can hold NFA title 2 weapons, but we can not ship or receive firearms directly.  We must have them sent to our local police department and then go pick them up from there.

 

How are you transporting the exhibit?  You can not send firearms through the mail and most package delivery companies will not let you send firearms through their services without a license for both the send and the receiver. If you are sending them by courier, they may need a license also.  Check again with you local or state law enforcement.  You can fly with certain kinds of firearms, but they must be checked and you must follow all the FAA guidelines about transporting firearms.  This often takes them outside of the couriers control which can be problematic.

 

How are you going to secure these firearms during transport?  Firearms are a hot item on the black market and must be protected against theft from both those interested in museum objects and firearms. 

 

Also, remember, if the exhibit includes something that is covered by the NFA (check it out on line at www.atf.gov) then the hosting institution must be able to have those firearms at their institution.  MOST museums CANNOT house NFA weapons.  IF the museum can have a NFA weapon you are required to notify ATF if it leaves you location, how long it will be in a new location and who has control of the item.   Also, use caution with the items listed as curios because although they do not require you to have a license to own or purchase, they are still covered under the firearms control acts for transporting, etc.

 

The best way to find the answers that you need is to check with state law enforcement and/or the AFT NFA branch themselves.  They are usually very helpful.  You can get their contact information off the website.

 

Sincerely,

Tracie Evans

Collections Manager

Texas Ranger Hall of Fame and Museum

 

 

 

 

The question is what is traveling. according to the Federal Firearms Control ( 1969) act anything made before 1898 is not a firearm.  If what is traveling is really antique - pre 98...there is no issue.The two areas one can run into problems are things prohibited by the NFA such as machine guns (unless registered) and trying to fly with anything that looks like a gun. (or shipping by us mail)

If you are worried make sure you are not in violation of local ordanances. The BATF published a book of all known firearm laws...or have the receiving institution check it out.  When I put two shotguns on exhibit where I used to work, as a safety procedure since they were somewhat accessible, the fireing mechanisms were reversibally decomissioned and the weapons alarmed. Really think there probably is no cause to worry.

Rob Howard

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