Different Definitions in the CA Penal Code:
What is an "antique firearm"?
There is the old line that a Rose by any other name is still a Rose,
but that is not the case for an "antique firearm".
In the CA Penal Code it seems that the term means something different,
depending on which code section you are looking at.
I am not sure of how a person is supposed to keep track of all these
differences,
but the government loves to say that ignorance of the law is no excuse.
Below are the references in the CA Penal Code as found by using:
http://www.leginfo.ca.gov/calaw.html
.
While some of the definitions are close,
some are quite a bit different since it only includes the manufacture date and
does not include replicas.
While I am not an attorney,
it seems that the definition of an "antique firearm" depends on the specific
code section which applies.
You had better hope that two code sections don't apply with different
definitions!!!
12001. (e) For purposes of Sections 12070, 12071, and paragraph (8) of
subdivision (a), and subdivisions (b), (c), (d), and (f) of Section
12072, the term "firearm" does not include an unloaded firearm that
is defined as an "antique firearm" in Section 921(a)(16) of Title 18
of the United States Code.
12020. (b) (5) Any antique firearm. For purposes of this section, "antique
firearm" means any firearm not designed or redesigned for using
rimfire 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.
12078. (B) The firearm is an antique firearm as defined in paragraph (16)
of subsection (a) of Section 921 of Title 18 of the United States
Code.
12085. (e) (3) For purposes of this section and Section 12086, the term
"firearm" does not include an unloaded firearm that is defined as an
"antique firearm" in paragraph (16) of subsection (a) of Section 921
of Title 18 of the United States Code.
12088.8. (a) This article does not apply to the commerce of any
firearm defined as an "antique firearm" in paragraph (16) of
subsection (a) of Section 921 of Title 18 of the United States Code.
12276.1. (c) "Assault weapon" does not include either of the following:
(1) Any antique firearm.
(3) "Antique firearm" means any firearm manufactured prior to
January 1, 1899.
12278. (c) A ".50 BMG rifle" does not include any "antique firearm," nor
any curio or relic as defined in Section 178.11 of Title 27 of the
Code of Federal Regulations.
(d) As used in this section, "antique firearm" means any firearm
manufactured prior to January 1, 1899.
12801. (a) As used in this article, the following definitions shall
apply:
(1) Purchase or receive any handgun, except an antique firearm, as
defined in paragraph (16) of subsection (a) of Section 921 of Title
18 of the United States Code, without a valid handgun safety
certificate.
(2) Sell, deliver, loan, or transfer any handgun, except an
antique firearm, as defined in paragraph (16) of subsection (a) of
Section 921 of Title 18 of the United States Code, to any person who
does not have a valid handgun safety certificate.