Under federal law, certain individuals are prohibited from possessing or transporting firearms, particularly when interstate commerce is involved (18 U.S.C. § 922(g)).

The antiquity defense to federal felon in possession charges allows an exemption of antique firearms from the definition of firearms.

These individuals, including those under restraining orders, with a history of mental health adjudications or substance abuse, and notably, convicted felons and those convicted of domestic violence crimes, are prohibited from possessing or transporting firearms under federal law (18 U.S.C. § 922 (g)). A conviction under this statute can lead to significant prison time, substantial financial penalties, and a lasting impact on your life, underscoring the gravity of the situation.

However, federal law does carve out an exception if the firearm in question was manufactured in or prior to 1898 (i.e., an 'antique firearm,' as defined in 18 U.S.C. § 921(a)(3) and (16)). Claiming this exception is known in courts as the 'antiquity defense.'

Successfully navigating the legal complexities of this defense, which include proving the age and functionality of the firearm, is a daunting task. This is where expert legal assistance becomes not just valuable, but crucial. With the right legal team, you can have the charges dismissed and avoid conviction altogether, providing you with the reassurance and guidance you need.

In essence, the 'antiquity defense' to 18 U.S. Code § 922(g) felon-in-possession-of-a-firearm charges, as found within 18 U.S.C. § 921(a)(16), offers a significant ray of hope. It allows for the exemption of antique firearms from the definition of 'firearm.'

Antique Firearm

An 'antique firearm' is any firearm manufactured in or before 1898, such as a flintlock pistol or a musket, or a replica of such a firearm that is not designed or redesigned to be functional.

These firearms are not considered firearms under the law and are therefore exempt from the restrictions of 18 U.S.C. § 922(g). In simpler terms, if the firearm is old enough or a non-functional replica, it may be considered an 'antique firearm' and exempt from the law.

An antique firearm is defined as any firearm manufactured in or before 1898, or any replica of such a firearm that is not designed or redesigned to use conventional ammunition. This means that individuals prohibited from possessing firearms under 18 U.S.C. § 922(g), such as felons, are not prohibited from possessing or receiving antique firearms.

It's important to note that the burden of establishing that a firearm is an antique falls on the defendant. This means that if you're claiming the 'antiquity defense,' you must be able to prove the age and functionality of the firearm in question. The replica firearm must not be designed or redesigned for use with conventional ammunition.

Overview of 18 U.S.C. 922

Under 18 U.S.C. § 922(g), it is illegal for a convicted felon or anyone else barred from owning, possession, or having access to a firearm or ammunition to have a firearm or ammunition.

To convict someone of this section, the government must prove the defendant was a felon, the defendant knowingly possessed a firearm or ammunition, and the firearm or ammunition "was in or affecting interstate commerce."

Simply put, this statute prohibits certain categories of individuals from possessing, transporting, or receiving firearms or ammunition that have traveled in interstate or foreign commerce. Individuals prohibited under this law include, but are not limited to:

• Felons and individuals convicted of crimes punishable by more than one year.
• Unlawful drug users and those addicted to controlled substances.
• Individuals subject to domestic violence restraining orders.
• Fugitives from justice.
• Individuals dishonorably discharged from the military.

For someone to be convicted under this law, the prosecution must prove all the following elements beyond a reasonable doubt:

• Status: The defendant belongs to one of the prohibited categories (e.g., convicted felon, fugitive, etc.).
• Possession: The defendant knowingly possessed or controlled the firearm or ammunition.
• Commerce: The firearm or ammunition traveled across state or national borders.

Firearm has a broad definition under 18 U.S.C. § 921(a)(3), but it also carves out a narrow exception: "such term does not include an antique firearm." An "antique firearm" is any firearm manufactured in or before 1898 (18 U.S.C. § 921(a)(16)(A)). This is otherwise known as the antiquity defense.

What Does Federal Law Say?

18 U.S.C. 922(g) says, "It shall be unlawful for any person (1) who has been convicted in any court of a crime punishable by imprisonment for a term exceeding one year; (2) who is a fugitive from justice,

(3) who is an unlawful user of or addicted to any controlled substance (as defined in section 102 of the Controlled Substances Act (21 U.S.C. 802));

(4) who has been adjudicated as a mental defective or who has been committed to a mental institution,

(5) who, being an alien (A), is illegally or unlawfully in the United States; or

(B) except as provided in subsection (y)(2), has been admitted to the United States under a nonimmigrant visa (as that term is defined in section 101(a)(26) of the Immigration and Nationality Act (8 U.S.C. 1101(a)(26))),

(6) who has been discharged from the Armed Forces under dishonorable conditions; (7) who, having been a citizen of the United States, has renounced his citizenship.

(8) who is subject to a court order that (A) was issued after a hearing of which such person received actual notice, and at which such person had an opportunity to participate,

(B) restrains such person from harassing, stalking, or threatening an intimate partner of such person or a child of such intimate partner or person, or engaging in other conduct that would place an intimate partner in reasonable fear of bodily injury to the partner or child; and

(C) (i) includes a finding that such person represents a credible threat to the physical safety of such intimate partner or child; or

(ii) by its terms explicitly prohibits the use, attempted use, or threatened use of physical force against such intimate partner or child that would reasonably be expected to cause bodily injury; or

(9) who has been convicted in any court of a misdemeanor crime of domestic violence, to ship or transport in interstate or foreign commerce, or possess in or affecting commerce, any firearm or ammunition; or to receive any firearm or ammunition which has been shipped or transported in interstate or foreign commerce."

Understanding the Antiquity Defense

The antiquity defense is a narrow exception carved out in federal firearm laws, focusing on whether a firearm qualifies as an "antique firearm." According to the statute, the term "antique firearm" applies to firearms manufactured in or before the year 1898.

Guns of this age are exempt from the restrictions of U.S.C. 922(g). Under federal law, a firearm meets the "antique" definition if it falls into one of the following categories:

• Manufactured Before 1898: Any firearm with a matchlock, flintlock, percussion cap, or similar ignition system made in or before 1898.
• Modern Replicas of Antique Firearms: Replicas designed to use obsolete ammunition that is no longer commercially manufactured or readily available in the U.S.
• Muzzle-Loading Firearms: Firearms designed to use black powder or a black powder substitute and incapable of using fixed ammunition.

Not all firearms fall under this exception, even if they appear old or outdated. For example, a modern firearm designed to resemble an antique but capable of firing conventional ammunition would not qualify as an antique firearm. Similarly, a firearm that has been substantially modified to become a muzzleloader is also excluded from this defense.

Proving the Antiquity Defense

Because the antiquity defense serves as an exception to the general rule of § 922(g), the burden of proof lies squarely on the defendant to show that the firearm in question meets these criteria. To prove the antiquity defense, a defendant must demonstrate the following:

• Age of Manufacture: Presenting evidence showing the firearm was manufactured in or before 1898. Authentic documentation or expert examination is often required to satisfy this criterion.
• Qualification as an "Antique": Confirming that the firearm fits within the statutory definitions for antique firearms (e.g., a flintlock, percussion cap, or muzzleloader).
• Functional Limitations: If the firearm is a replica, establishing that it uses ammunition no longer commercially available or readily accessible in modern markets.

Success in raising the antiquity defense depends heavily on presenting these elements in a credible and organized way. It is not enough to assert the defense verbally; concrete evidence, corroborated by experts where necessary, will often be required.

What Are Related Federal Laws?

18 U.S. Code Chapter 44, Firearms, has several federal statutes that are related to unlawful firearm possession, including the following:

• 18 U.S.C. 921 - Definitions.
• 18 U.S.C. 922 - Unlawful acts.
• 18 U.S.C. 923 - Licensing.
• 18 U.S.C. 924 - Penalties.
• 18 U.S.C. 925 - Exceptions: Relief from disabilities.
• 18 U.S.C. 925A - Remedy for erroneous denial of a firearm.
• 18 U.S.C. 925B - Reporting of background check denials to state authorities.
• 18 U.S.C. 925C - Annual report to Congress.
• 18 U.S.C. 925D - Special assistant U.S. attorneys and cross-deputized attorneys.
• 18 U.S.C. 926 - Rules and regulations.
• 18 U.S.C. 926A - Interstate transportation of firearms.
• 18 U.S.C. 926B - Carrying concealed firearms by qualified law enforcement officers.
• 18 U.S.C. 926C - Carrying of concealed firearms by qualified retired law enforcement officers
• 18 U.S.C. 927 - Effect on State law.
• 18 U.S.C. 928 - Separability.
• 18 U.S.C. 929 - Use of restricted ammunition.
• 18 U.S.C. 930 - Possession of firearms and dangerous weapons in Federal facilities.
• 18 U.S.C. 931 - Prohibition on purchase, ownership, or possession of body armor by violent felons.
• 18 U.S.C. 932 - Straw purchasing of firearms.
• 18 U.S.C. 933 - Trafficking in firearms.
• 18 U.S.C. 934 - Forfeiture and fines.

Role of a Federal Defense Attorney

Suppose a person is charged with being a felon in possession of a firearm. In that case, they can argue that the firearm is exempt from the law if it was manufactured in or before 1898 or is a replica not designed to use modern ammunition. This defense allows for the possession of historic firearms for collection or other purposes without violating federal law.

Successfully claiming the antiquity defense requires both a detailed understanding of the relevant law and the ability to present persuasive evidence in court. Federal firearms statutes are complex, and the antiquity defense claims a very narrow exception to the law, which does not always succeed.

For this reason, your best hope of succeeding in this defense is with the help of an experienced federal criminal defense attorney. A good attorney can help by arguing any of the following:

• Investigating the firearm's history and sourcing expert testimony about its age and classification.
• Building a comprehensive case that establishes the firearm as an antique under the specified legal criteria.
• Contesting the prosecution's evidence or arguing that one or more elements of the government's case have not been proven beyond a reasonable doubt.

Additionally, an attorney can explore other defenses or mitigating strategies that might be applicable to your case. For instance, they might argue that you did not knowingly possess the firearm, that the firearm was inoperable, or that the government has misapplied the law. For additional information, contact our federal criminal defense law firm, Eisner Gorin LLP, located in Los Angeles, California.

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