Antique Exemptions: California's Magazine Law Explained

California has a magazine limit of 10 rounds, with restrictions on purchasing, selling, or transferring magazines of larger sizes. The state also prohibits the manufacturing, importing, selling, buying, or receiving of large-capacity magazines, defined as any ammunition feeding device that can accept more than ten rounds. However, there are exceptions for certain types of firearms, such as .22 caliber tube ammunition feeding devices or those permanently altered to accept ten rounds or less. These laws do not apply to antique firearms, which are generally defined as those manufactured before 1898. While antique firearms are exempt from some regulations, most gun control laws still apply, such as restrictions on concealed carry and possession by prohibited persons.

Antique firearms and the law

In the United States, the Gun Control Act of 1968, as codified in 18 U.S. Code section 921(a), states that any firearm manufactured in or before 1898 is considered an "antique firearm" and is therefore not included in the legal definition of a regulated firearm. This federal definition applies across all states, including California.

California State Law

Under California state law, antique firearms are exempt from some, but not all, firearms regulations. Here are the key points regarding antique firearms and the law in California:

• Antique firearms are exempt from the requirement to use a licensed dealer when transferring a firearm from one person to another within the state.
• Antique firearms are not subject to the same waiting period and dealer application requirements as modern firearms when being sold or transferred.
• Antique firearms are exempt from the ban on open carry of firearms in incorporated areas, as long as they are unloaded.
• Antique firearms are not considered "assault weapons" under California law and are therefore not subject to the same restrictions and registration requirements.
• Antique firearms are exempt from the ban on large-capacity magazines (LCMs) in California, which are defined as any ammunition-feeding device that can hold more than 10 rounds.

Important Considerations:

• While federal and state laws provide some exemptions for antique firearms, there may still be local regulations that apply. It is important to check all applicable laws before acquiring, carrying, or transporting antique firearms.
• The definition of an antique firearm may vary slightly depending on the specific jurisdiction and the context in which the term is being used. Always consult the relevant laws and regulations for the most accurate and up-to-date information.
• Even though antique firearms may be exempt from certain regulations, it is essential to handle and store them responsibly and in accordance with general firearm safety guidelines.

California's magazine limit

California has a magazine limit of 10 rounds. This means that, in the state, purchasing, selling, or transferring a magazine that can hold more than 10 rounds is a crime.

In some cases, magazines that were bought before the law was implemented must be registered with the police, while in other cases, they may only be loaded with up to 10 rounds. The law may vary in some cities.

The state's magazine limit was upheld by the 9th U.S. Circuit Court of Appeals in October 2023, which stated that the law likely remained valid even under the conservative-majority Supreme Court's ruling. The court's decision noted that federal judges across the nation had largely upheld large-capacity magazine restrictions since the Supreme Court ruling, and that a decision to the contrary could threaten public safety.

However, most gun control laws still apply to antiques. For example, you cannot carry antique revolvers concealed, and prohibited persons cannot possess them. Additionally, California has design restrictions that don't exist in most of the country. For example, the popular AR-15 model rifle cannot be sold in California because it is classified as an assault weapon.

Antique firearm registration

Antique firearms are exempt from many of the laws and regulations that apply to modern firearms in California.

According to the Gun Control Act of 1968, as codified in 18 U.S. Code section 921(a), any firearm made in or before 1898 is considered an "antique firearm" and is not included in the legal definition of a regulated firearm. This means that antique firearms can be transferred between states without the need for an FFL (Federal Firearms Licence).

However, the National Firearms Act (NFA) provides a different definition of "antique firearm", treating any firearm that uses modern ammunition as a regulated firearm, regardless of its production date. It's important to note that the NFA only applies to machine guns, sawn-off shotguns, silencers, and similar weapons, and not to conventional sporting arms.

In California, "antique firearms" are defined as any firearm not designed or redesigned for using rimfire or centerfire ammunition and manufactured in or before 1898. This includes matchlocks, flintlocks, percussion caps, or similar types of ignition systems, as well as replicas. Additionally, firearms manufactured before 1898 that use fixed ammunition no longer manufactured in the US and not readily available in commercial trade are also considered antique.

When shipping antique firearms to California, it's important to be aware of the state's complex laws regarding modern firearms. While there are no significant legal barriers to shipping antique firearms into the state, using a California FFL to facilitate the transfer may result in additional sales/use tax of about 10%.

For intra-family transfers of antique firearms in California, there are specific requirements that must be met:

• The transfer must meet the definition of "infrequent" under Penal Code 16730.
• The transfer must be between immediate family members only (parent, grandparent, child, or grandchild).
• A report must be filed with the CA DOJ within 30 days of the transfer, detailing the transfer and firearm.
• If a handgun is being transferred, the recipient must first obtain a handgun safety certificate.
• The recipient must be at least 18 years old.

It's important to note that California has strict laws regarding the possession, transfer, and storage of firearms, and failure to comply with these laws can result in civil and criminal penalties.

Antique firearm shipping

Antique firearms are generally defined as those manufactured in or before 1898. Antique firearms are exempt from certain shipping restrictions that apply to modern firearms.

Shipping Antique Firearms

In the US, antique firearms are exempt from the requirement to ship to a Federal Firearms License (FFL) holder. Antique firearms can be shipped directly to the buyer. However, it is important to note that antique firearms that use modern ammunition may be treated as regulated firearms.

When shipping antique firearms, it is important to comply with the relevant laws and regulations. Some key points to consider include:

• The firearm must be unloaded.
• Ammunition must be shipped separately and treated as dangerous or hazardous material.
• The carrier must be notified that the package contains a firearm.
• Specific carriers, such as UPS and FedEx, have different rules for shipping firearms, so it is important to review their guidelines.
• The US Postal Service has specific regulations for shipping firearms, including prohibiting the mailing of handguns.

California's Magazine Law

California's magazine law prohibits doing the following with large-capacity magazines (LCMs): selling, purchasing, giving away, importing, transporting, or manufacturing them. LCMs are defined as any ammunition-feeding device that can hold more than 10 rounds. Antique firearms that use fixed ammunition and were manufactured in or before 1898 are not considered LCMs under this law.

Shipping to California

Shipping antique firearms to California is not as difficult as some believe. While California has strict laws for shipping modern firearms, these laws do not apply to antiques. However, using a California FFL to ship an antique firearm may result in a 10% sales/use tax.

Antique firearm sales

However, it is important to note that California has its own set of laws and restrictions regarding firearms. In California, it is generally illegal to buy, manufacture, import, keep for sale, expose for sale, give, or lend any large-capacity magazine, which is defined as an ammunition feeding device capable of holding more than 10 rounds. There are some exceptions to this law, such as calibre tube ammunition feeding devices and tubular magazines contained in lever-action firearms.

Additionally, California voters passed Proposition 63 in 2016, which prohibited the possession of large-capacity magazines starting on July 1, 2017. Individuals who owned such magazines were required to modify or dispose of them before the deadline. While there are ongoing legal challenges to this law, it is important for antique firearm sellers to stay informed about the latest developments and comply with all applicable regulations.

When selling antique firearms in California, it is crucial to work with a licensed California firearms dealer. All firearms purchases and transfers, including private transactions and sales at gun shows, must go through this dealer under the Dealer's Record of Sale (DROS) process. The DROS process includes a 10-day waiting period before the firearm can be released to the purchaser or transferee.

It is worth noting that antique firearms, as defined by California law, are exempt from certain requirements. For example, the one-handgun-per-30-day restriction does not apply to antique firearms or curio or relic rifles/shotguns over 50 years old. However, other regulations, such as the requirement for a Firearm Safety Certificate (FSC) or a Handgun Safety Certificate (HSC), may still apply.

In conclusion, while antique firearm sales in California are subject to specific laws and regulations, understanding and complying with these requirements will help ensure smooth and legal transactions.

Frequently asked questions