Federal firearms laws impose strict penalties on certain individuals who possess firearms or ammunition that have traveled in interstate commerce.

Under 18 U.S.C. § 922(g), convicted felons, individuals subject to restraining orders, those with certain mental health adjudications, and others may be charged with a serious federal felony simply for possessing a firearm.

However, federal law contains a narrow but powerful exception: firearms manufactured in or before 1898, known as antique firearms, are excluded from the statutory definition of a firearm.

When properly established, this exception—commonly called the antiquity defense—can result in dismissal of federal felon-in-possession charges.

Because the antiquity defense is technical and evidence-driven, success often depends on early investigation and experienced federal criminal defense representation.

Your best hope of avoiding the worst outcomes is with a skilled criminal defense attorney at Eisner Gorin LLP. To schedule a consultation, call (818) 781-1570 or contact us here.

Overview of Federal Firearms Possession Charges (18 U.S.C. § 922(g))

Under 18 U.S.C. § 922(g), it is unlawful for certain categories of individuals to possess, transport, or receive a firearm or ammunition that has moved in interstate or foreign commerce. These categories include:

• Convicted felons and individuals convicted of crimes punishable by more than one year

• Individuals convicted of misdemeanor crimes of domestic violence

• Individuals subject to qualifying restraining orders

• Unlawful users of or those addicted to controlled substances

• Fugitives from justice

• Individuals dishonorably discharged from the military

To secure a conviction, federal prosecutors must prove all three elements beyond a reasonable doubt:

1. Status – The defendant belongs to a prohibited category

2. Possession – The defendant knowingly possessed the firearm or ammunition

3. Interstate Commerce – The firearm or ammunition traveled in interstate or foreign commerce

What Is the Antiquity Defense?

The antiquity defense arises from 18 U.S.C. § 921(a)(16), which expressly excludes antique firearms from the definition of a “firearm” under federal law.

Because antique firearms are not legally considered firearms, possession of such weapons does not violate § 922(g), even for individuals otherwise prohibited from possessing modern firearms.

In practical terms, if the weapon qualifies as an antique firearm, the federal charge fails as a matter of law.

What Qualifies as an “Antique Firearm” Under Federal Law?

Federal law defines an antique firearm as:

• Any firearm manufactured in or before 1898, including matchlock, flintlock, or percussion-cap firearms

• Certain replicas of antique firearms, provided they are not designed or redesigned to use conventional ammunition

• Muzzle-loading firearms designed to use black powder or a substitute and incapable of firing fixed ammunition

A firearm does not qualify if it:

• Is a modern weapon merely styled to look antique

• Has been modified to fire modern, commercially available ammunition

• Was substantially altered from its original antique configuration

Who Bears the Burden of Proof?

Because the antiquity defense is an exception to the general firearms prohibition, the burden rests with the defendant. The defense must establish that the firearm qualifies as an antique under federal law.

This typically requires:

• Documentary proof of the firearm's manufacture date

• Expert testimony from firearms historians or ballistics specialists

• Physical examination of the weapon and its firing mechanism

Courts do not accept unsupported assertions—credible, verifiable evidence is essential.

How the Antiquity Defense Is Raised in Federal Court

Successfully asserting the antiquity defense often involves:

• Tracing the firearm's manufacturing origin and serial information

• Establishing that the weapon predates 1899

• Demonstrating that any replica cannot fire modern ammunition

• Challenging the government's classification of the firearm

Because federal prosecutors frequently dispute antiquity claims, these cases often become technical battles of expert testimony and forensic detail.

Why the Antiquity Defense Is Narrow—but Powerful

The antiquity defense does not apply to most firearms, and courts interpret it strictly. However, when applicable, it is often case-dispositive, meaning:

• The government cannot meet the statutory definition of a firearm

• Felon-in-possession charges may be dismissed

• Conviction and sentencing exposure may be avoided entirely

For collectors, historians, or individuals who unknowingly possessed an antique weapon, this defense can be life-changing.

Related Federal Firearms Statutes

Antiquity defense cases often intersect with other provisions of 18 U.S. Code Chapter 44, including statutes governing firearm definitions, licensing, penalties, and forfeiture. Understanding how these laws interact is critical to an effective defense strategy.

Role of a Federal Criminal Defense Attorney

Federal firearms prosecutions are aggressive, technical, and unforgiving. An experienced federal criminal defense attorney can:

• Investigate the firearm's provenance and history

• Retain qualified experts to establish antiquity

• Challenge the government's forensic conclusions

• Explore additional defenses, such as lack of knowing possession or improper interstate commerce evidence

Early legal intervention is often decisive—once charges are filed, opportunities narrow quickly.

Speak With a Federal Firearms Defense Lawyer

If you are charged with being a felon in possession of a firearm and believe the weapon may qualify as an antique, immediate legal guidance is critical.

Contact Eisner Gorin LLP, a law firm experienced in defending high-stakes federal firearms cases. Our attorneys represent clients in Los Angeles and throughout California in complex federal prosecutions where technical defenses can determine the outcome.

Related Content:

• Career Offender under Federal Law
• Firearm Possession with Protection Order
• Title 18 U.S. Code § 922 - Unlawful Acts
• Frequently Asked Firearms Questions
• National Antique Firearms Act Definitions