Firearms antique
People are always getting the laws around "antique firearms" mixed up, so I might as well write this down, so I can copy and paste it in the future.
Federal laws and Californian laws are different about antique firearms.
Under federal law, 18 USC 921(a)(3), an "antique firearm" as defined under federal law is not legally a firearm, so many of the federal laws about firearms don't apply to "antique firearms".
Under federal law, 18 USC 921(a)(16), a firearm manufactured in 1898 or earlier, regardless of the type of cartridge it uses, is an antique firearm.
A replica of a firearm manufactured in 1898 or earlier, as long as it doesn't use "rimfire or conventional centerfire fixed ammunition," under federal law, is an antique firearm.
"Any muzzle loading rifle, muzzle loading shotgun, or muzzle loading pistol, which is designed to use black powder, or a black powder substitute, and which cannot use fixed ammunition" is under federal law, an antique firearm.
Because federal firearms laws don't apply to antique firearms, this means prohibited people are allowed under federal law to possess antique firearms.
Californian law is different than federal law. Californian law defines "antique firearms" different than federal law. Californian law also does say antique firearms are considered firearms for most laws. This is a big difference from federal law. This means that a prohibited person cannot legally possess an antique firearm.
Under Penal Code section 30515, subdivision (d), paragraph (1), a firearm manufactured before January 1, 1899 is not an assault weapon.
Under Penal Code section 30530, subdivision (b), a firearm manufactured before January 1, 1899 is legally not a .50 BMG rifle.
A firearm manufactured before January 1, 1899 and that doesn't use rimfire or centerfire, or uses fixed ammunition that is no longer commercially available, is not a firearm for "firearm precursor parts" law under Penal Code section 16531
A firearm manufactured before January 1, 1899 and that doesn't use rimfire or centerfire, or uses fixed ammunition that is no longer commercially available, is not a firearm for purposes of being a prohibited air gauge knife, ballistic knife, belt buckle knife, cane gun, firearm that is not immediately recognizable as a firearm, short-barreled rifle or short-barreled shotgun, unconventional pistol, undetectable firearm, wallet gun, or zip gun under Penal Code section 17700. Yes, you read that right; there's a way to legally have a short-barreled rifle or short-barreled shotgun--just got to find something old enough. It's been done. I know someone with a really old sawed-off side-by-side.
Firearms defined by federal law as antique firearms aren't requierd to be solid with a firearms safety device, such as a gun lock, under Penal Code section 23630.
A handgun that is defined under federal law as an antique firearm is allowed to be sold to someone over age 18 under Penal Code section 27505.
A firearm that is defined under federal law as an antique firearm does not require a buyer to have a Firearms Safety Certificate, under Penal Code section 31615.
Under Penal Code section 16520, subdivision (d) only for a certain subset of laws are unloaded antique firearms legally not firearms. For all of the following, the federal definition of antique firearm applies.
(1) Section 16730.
So unloaded antiques don't count as transactions for a person selling without a FFL.
(2) Section 16550.
Unloaded antiques don't need a 4473.
(3) Section 16960.
Unloaded antiques don't need an OPLAW.
(4) Section 17310.
Unloaded antiques don't count as "used firearms" for the FFL03 gunshow limits.
(5) Chapter 6 (commencing with Section 26350) of Division 5 of Title 4.
Unloaded antiques aren't firearms for purpose of prohibiting unloaded open carry of a handgun. Loaded means "there is an unexpended cartridge or shell, consisting of a case that holds a charge of powder and a bullet or shot, in, or attached in any manner to, the firearm, including, but not limited to, in the firing chamber, magazine, or clip thereof attached to the firearm." Also, "a muzzle-loader firearm shall be deemed to be loaded when it is capped or primed and has a powder charge and ball or shot in the barrel or cylinder."
(6) Chapter 7 (commencing with Section 26400) of Division 5 of Title 4.
Unloaded antiques aren't firearms for purposes of prohibiting unloaded open carry of long arms. Loaded means "there is an unexpended cartridge or shell, consisting of a case that holds a charge of powder and a bullet or shot, in, or attached in any manner to, the firearm, including, but not limited to, in the firing chamber, magazine, or clip thereof attached to the firearm." Also, "a muzzle-loader firearm shall be deemed to be loaded when it is capped or primed and has a powder charge and ball or shot in the barrel or cylinder."
(7) Sections 26500 to 26588, inclusive. (8) Sections 26700 to 26915, inclusive.
Unloaded antiques don't need an FFL to sell.
(9) Section 27510.
Unloaded antiques aren't considered firearms, for the prohibition of transferring firearms to people under 21 years of age. However, Penal Code section 29610 does apply to unloaded antiques. PC29610 says a person under 18 can't have a handgun or a semiautomatic centerfire rifle, and starting July 1, 2023, a person under 18 cannot have any firearm.
(10) Section 27530.
Unloaded antiques aren't firearms for the law that requires sold firearms to have serial numbers.
(11) Section 27540.
Unloaded antiques aren't firearms for all the delivery requirements for firearms, such as a 10-day waiting period, possession of Firearms Safety Certificate, etc.
(12) Section 27545.
Unloaded antiques aren't firearms for the purpose of the Private Party Transfer law requiring transfers through a dealer.
(13) Sections 27555 to 27585, inclusive.
Unloaded antiques don't have to go through DROS. Unloaded antiques don't have to be registered with the state by a new resident. Unloaded antiques don't have to imported into the state through a FFL.
(14) Sections 29010 to 29150, inclusive.
Unloaded antiques aren't firearms for the purpose of the law requiring a manufacturer's license for making firearms.
(15) Section 25135.
Unloaded antiques aren't considered firearms for the storage requirements for living with a prohibited person. People prohibited from having firearms, such as convicted felons, cannot possess antique firearms. But people living with convicted felons don't have to follow the storage requirements. But that's just a recipe for getting someone in trouble.
(16) Section 29180.
Unloaded antiques aren't firearms for the purpose of the self-built firearms laws.