Owning One: The Market, Antique Status and the Law

8.1 Not legal advice

This volume quotes statutes and ATF’s published list and reads them. It is not legal advice and does not replace a lawyer or a written determination from ATF or the Michigan State Police. Where the text does not settle a point, the volume says so. The federal definitions are quoted in full in the Borchardt dive’s Volume 8, which this volume follows and does not repeat at length.

8.2 The market

All results below were read on the auction house’s own page on 19 October 2026. Julia’s figures include the buyer’s premium; Rock Island’s lot pages hide the price behind a login, but their page data carries the hammer price, which is given here as such. Rows are not averaged.

Table 1 — The market

Date	House, lot	Pistol	Condition and configuration, in brief	Result	Terms
Aug 2026	Rock Island 1338	1896 No. 2, folding trigger, s/n 19	60% original blue, restored sideplate	$5,500	hammer
Aug 2025	Rock Island 1394	1896 No. 2, folding trigger, s/n 386	refurbished; barrel possibly replaced	$4,500	hammer
Dec 2020	Rock Island 1558	1897 s/n 260, matching holster-stock and magazine	85% original blue, shroud refinished	$15,000	hammer
Apr 2017	Julia 1522	1896 No. 3 target, s/n 898	80–85% blue	$12,650	incl. premium
Sep 2016	Rock Island 3300	1896 No. 4, 8 mm, s/n 2429	90%+ original blue	$10,000	hammer
Spring 2014	Julia 3029	1897 carbine, s/n 493, walnut butt	50% blue, mismatched magazine, refinished stock	$24,150	incl. premium
Spring 2014	Julia 3030	1897 s/n 96, target grips	95% original rust blue	$11,500	incl. premium
Fall 2013	Julia 3192A	1897 s/n 117, Günther presentation, matching stock	90–95% original blue	$23,000	incl. premium
Fall 2013	Julia 3191	1897 prototype, in the white	stripped surface	$16,100	incl. premium
Fall 2013	Julia 3192	1897 s/n 156	serial re-struck, 80–85% blue	$11,500	incl. premium
Fall 2012	Julia 2474	1897 s/n 475, matching stock	professionally restored	$13,800	incl. premium
Fall 2012	Julia 2473	1896 No. 3, s/n 1685, maker’s case	75% blue	$7,187.50	incl. premium
Fall 2012	Julia 2471	1896 No. 2, s/n 1195	95% blue	$5,750	incl. premium
Fall 2012	Julia 2472	1896 No. 3, s/n 479	85% blue	$4,830	incl. premium
Fall 2010	Julia 1074	1896 No. 2, s/n 1195	95–96% blue	$10,925	incl. premium
Fall 2010	Julia 1075	1897 s/n 570	95% original	$11,500	incl. premium
Spring 2010	Julia 1074	1897 s/n 475, matching stock	restored	$13,800	incl. premium
Spring 2009	Julia 1155	1897 s/n 544, stock (serial restamped)	restored rust blue	$16,100	incl. premium
Fall 2008	Julia 1142	1897 s/n 260, matching stock	95–96% original blue	$23,575	incl. premium

Sources: the lot pages listed in the references.^{12345678910111213141516171819}

Two pistols sold twice, and they show how much an individual result can move. The No. 2, serial 1195, made $10,925 in 2010 and $5,750 with the same description in 2012. The 1897 serial 260 made $23,575 with premium in 2008 and a $15,000 hammer in 2020, which at Rock Island’s usual premium would be in the high teens.^1513193

8.3 What drives the price

• Model. An 1896 No. 2 or No. 3 has sold for about $4,500 to $11,000 in the results above; an 1897 for about $11,500 to $24,000.
• The stock. On the 1897 a matching holster-stock adds most; the top 1897 results all have one or are the carbine. Julia’s cataloguer says almost none survive “with their matching number stock”.¹⁹
• Association. The Günther presentation pistol and the Sturgess and Wilson provenances.
• Rarity of type. The No. 4 in 8 mm, the folding-trigger No. 2, the target No. 3, the carbine, the prototype.
• Originality. Restored finishes, re-struck numbers and replaced grips are all noted in the catalogues (Volume 5), and the market notices.

8.4 Federal law: is it a firearm at all?

Under the Gun Control Act an “antique firearm” includes “any firearm … manufactured in or before 1898”, and an antique is not a “firearm” for the Act’s purposes.²⁰ A Bergmann made in or before 1898 can therefore be bought, sold and shipped across state lines without a dealer, like any antique. One made in 1899 or later is a firearm, and, being more than 50 years old, a curio or relic, which a licensed collector may acquire across state lines.²¹

The test is the date the pistol was made, not the date of the design. So everything turns on the next section.

8.5 Which pistols were made before 1899

No factory record, serial-to-year table or primary list of production dates was found for any Bergmann of the 1890s. What the sources support:

Table 2 — No factory record, serial-to-year table or primary list of production dates was found for any Bergmann of the 1890s. What the sources support

Model	Production as published	Reading for the 1898 line
1894 (No. 1)	Made about 1893 to 1895; “very few”	All made before 1899 on every account.
1896 (Nos. 2, 3, 4)	On sale from autumn 1895 (Walter); No. 4 serials about 2300 to 3000 “made c. 1897” (Buffaloe); “between 1897 and mid 1898” for late guns (Rock Island, unsourced); an unconfirmed claim that Krieghoff, owner of Schilling from 1904, made the last thousand or so	Very likely all made before 1899. Not proven, because of the Krieghoff claim and because no source gives a last date with a citation.
1897 (No. 5)	Patented 1897; tested by the Swiss 1897–1898; serials 1 to 1000 (Antaris); about 800 made “in the late 1890’s” (Julia, 2012); a pistol tested by the US Army in 1901 and by Britain in 1902	Not established. Low serials with Swiss-trial associations (serial 117) are very likely pre-1899; the date of the last few hundred is unknown.

Sources.^{22235242517826}

ATF’s curio and relic list adds one fact and no dates. Its Section IIIA, headed “Firearms manufactured in or before 1898, removed from the provisions of the National Firearms Act and classified as antique firearms”, lists “Bergmann, Model 1897, cal. 7.65mm (7.8mm), pistol with accompanying shoulder stock.”²⁷ ATF evidently regarded the stocked 1897 as an antique-era arm when it made the entry. But the entry sits under a heading that limits it to pistols made in or before 1898, and it does not say that every 1897 was. It cannot be used to date an individual pistol.

The practical position for an owner or buyer is the same as the Borchardt dive’s: antique status is per pistol, and the person who relies on it should be able to show it. For an 1894 or an 1896 the published record makes a pre-1899 date very probable. For an 1897, the lower the serial and the better its provenance, the stronger the case; for a high-numbered 1897 with no history, treat it as a curio until shown otherwise.

8.6 Stocks and the carbine

A pistol with a shoulder stock attached, and a carbine with a butt, are weapons “intended to be fired from the shoulder” with barrels well under 16 inches: on their face, short-barrelled rifles under the National Firearms Act.²⁸ A Bergmann can be outside the NFA in two different ways, and they reach different guns.

1. ATF’s collector’s-item listings (Section IIIA). The NFA excludes from “firearm” any device ATF finds “is primarily a collector’s item and is not likely to be used as a weapon”, and Section IIIA is the list of those findings for guns made in or before 1898.²⁸²⁷ Two of its entries reach Bergmanns:

• “Bergmann, Model 1897, cal. 7.65mm (7.8mm), pistol with accompanying shoulder stock.”
• “Any pistol or revolver, mfd. in or before 1898, originally designed to accept a shoulder stock, and accompanied by an original shoulder stock.” This general entry reaches an 1896 that was slotted for a stock (only those sold with one were, Volume 2) and has its original stock.²⁷

Neither entry covers the 1897 carbine with its solid butt, which is a long-barrelled pistol made into a carbine, not a pistol accompanied by a holster-stock; neither covers a reproduction stock; and both are limited by their heading to guns made in or before 1898.

2. The NFA’s own antique definition (§ 5845(g)). The NFA’s definition of “antique firearm” reaches a cartridge gun only if it was made in or before 1898 and uses ammunition that “is no longer manufactured in the United States and is not readily available in the ordinary channels of commercial trade”.²⁸ For the Borchardt C-93 that route is closed, because 7.63 Mauser ammunition chambers in it and is sold.²⁹ For the Bergmanns it appears to be open. No ammunition for any Bergmann pistol cartridge was found on sale anywhere, let alone made in the United States (Volume 7); and the 7.63 Mauser, the only near relative in production, should not chamber in a 7.8 mm Bergmann, on this dive’s comparison of the dimensions.³⁰ On that reading, a stocked 1896 or 1897, and the 1897 carbine, made in or before 1898, are NFA antiques whatever stock they have.

That conclusion is this dive’s reading of the statute against the evidence of Volume 7. ATF has not been asked, and three things could undercut it: a finding that a Bergmann cartridge is “readily available” (formed brass from a custom die is not ammunition in commerce, but ATF decides), a chamber that turns out to accept a commercial round, or a pistol made after 1898.

The tax on making a short-barrelled rifle is now $0 under Public Law 119-21, but the approval, registration and paperwork remain, and the change did not reach machineguns; the suppressor-law dive’s Volume 3 sets it out.³¹

8.7 Six cases

Table 3 — Six cases

Case	Federal position on the text
1896 or 1897 pistol, no stock, made in or before 1898	GCA antique; not a firearm under the GCA; no NFA question
1896 or 1897 pistol, no stock, made 1899 or later	GCA firearm; curio or relic; no NFA question
1897 with its original holster-stock, made in or before 1898	Removed from the NFA by the Section IIIA Bergmann entry; also, on this dive’s reading, an NFA antique by § 5845(g)
1896 originally slotted, with original stock, made in or before 1898	Removed from the NFA by the general Section IIIA entry; and on this dive’s reading by § 5845(g)
1897 carbine with butt, made in or before 1898	Not on any listing; an NFA antique only by § 5845(g), on this dive’s reading. The exposure that most needs a written ATF opinion
Any Bergmann with a stock, made 1899 or later; or any modern-made stock on a pistol whose date cannot be shown	On its face an unregistered short-barrelled rifle if assembled; Section IIIA does not reach it and § 5845(g) needs a pre-1899 date. Keep the stock apart and ask ATF before attaching it

The last case also raises the question, discussed in the Borchardt dive, of whether owning a stock and a short-barrelled pistol together is itself “making”; United States v. Thompson/Center Arms (1992) turned on a kit with lawful configurations, and a holster-stock has none.²⁹

8.8 Michigan: where the Bergmann differs from the Borchardt

Michigan defines “antique firearm” in MCL 750.231a, in the NFA’s words rather than the GCA’s:³²

(2) As used in this section, “antique firearm” means either of the following: (i) A firearm not designed or redesigned for using rimfire or conventional center fire ignition with fixed ammunition and manufactured in or before 1898, … (ii) A 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.

The licensing law borrows that definition. MCL 28.432(1)(h) exempts “purchasing, owning, carrying, possessing, using, or transporting an antique firearm”, with “antique firearm” defined by reference to section 231a.³³ A Michigan antique is therefore outside the pistol licence and sales-record scheme of MCL 28.422; anything else is a pistol under that scheme.

For the Borchardt C-93, the Borchardt dive concluded that an 1895 pistol is probably not a Michigan antique, because the 7.63 Mauser round chambers in it and is on sale.²⁹ For a Bergmann made in or before 1898 the same test seems to come out the other way. Its ammunition is not made in the United States and is not available in commerce, and no commercial cartridge has been shown to fit it (Volume 7). On the text, a pre-1899 1894, 1896 or 1897 meets limb (ii), and is a Michigan antique exempt from licensing under 28.432(1)(h).

This is a reading of the statute, not an answer from the state. No Michigan case or State Police position on cartridge antiques was found, and the two weak points are the same as federally: proof that a given pistol was made by 1898, and the “readily available” question. A written query to the Michigan State Police Firearms Records Unit is the way to settle it for a particular pistol. Michigan’s safe-storage law, MCL 28.429, applies to any firearm, antique or not, where a minor is likely to be present.²⁹

8.9 Other states

A handful of states define antiques differently or restrict them; New York, New Jersey, California and Massachusetts among others have their own rules about antique handguns and about stocks. They are not analysed here. Check the state’s own statute before buying, shipping or carrying, and do not assume the federal antique exemption carries over.

8.10 A checklist before buying

1. Identify it (Volume 5): model, calibre, extractor, maker, matching numbers, alterations.
2. Date it: what evidence is there that this pistol was made in or before 1898? Provenance, serial and the auction record are the evidence available; no factory table exists.
3. Stock: original, matching, and of the kind the ATF listing describes? Reproduction? None? For a carbine, the butt is the question.
4. Transfer path: an antique moves like an antique; a curio needs a dealer or a collector’s licence across state lines.
5. State law: Michigan’s position above; anywhere else, the state’s own statute.
6. Price: compare with the results table, noting premium terms and condition.

8.11 What could not be established

• Any serial-to-year table or last date of manufacture for the 1896 or the 1897.
• ATF’s view of whether any Bergmann cartridge is “readily available”, and of the 1897 carbine.
• The Michigan State Police’s position on cartridge antiques.
• Realised prices for Rock Island lots with premium included.
• Results from European houses (Hermann Historica and others), which were not searched for this volume.

References

Footnotes

1. Rock Island Auction Company, 22 August 2026, lot 1338, https://www.rockislandauction.com/detail/4098/1338/very-scarce-german-bergmann-1896-no-2-folding-trigger-pistol (accessed 2026-10-19). ↩

2. Rock Island Auction Company, 16 August 2025, lot 1394, https://www.rockislandauction.com/detail/4095/1394/v-c-schilling-bergmann-model-1896-no-2-folding-trigger-pistol (accessed 2026-10-19). ↩

3. Rock Island Auction Company, 5 December 2020, lot 1558, https://www.rockislandauction.com/detail/81/1558/bergmann-model-1897-semi-automatic-pistol-with-holsterstock (accessed 2026-10-19). ↩ ↩²

4. James D. Julia, Inc., April 2017, lot 1522, https://jamesdjulia.com/item/1522-396/ (accessed 2026-10-19). ↩

5. Rock Island Auction Company, 11 September 2016, lot 3300, https://www.rockislandauction.com/detail/68/3300/bergmann-theodor-1896-pistol-8-mm (accessed 2026-10-19). ↩ ↩²

6. James D. Julia, Inc., Spring 2014, lot 3029, https://jamesdjulia.com/item/3029-358 (accessed 2026-10-19). ↩

7. James D. Julia, Inc., Spring 2014, lot 3030, https://jamesdjulia.com/item/3030-358 (accessed 2026-10-19). ↩

8. James D. Julia, Inc., Fall 2013, lot 3192A, https://jamesdjulia.com/item/lot-3192a-bergmann-m1897-no-5-presentation-with-matching-shoulder-stock-52046/ (accessed 2026-10-19). ↩ ↩²

9. James D. Julia, Inc., Fall 2013, lot 3191, https://jamesdjulia.com/?p=484809 (accessed 2026-10-19). ↩

10. James D. Julia, Inc., Fall 2013, lot 3192, https://jamesdjulia.com/?p=484810 (accessed 2026-10-19). ↩

11. James D. Julia, Inc., Fall 2012, lot 2474, https://jamesdjulia.com/?p=479395 (accessed 2026-10-19). ↩

12. James D. Julia, Inc., Fall 2012, lot 2473, https://jamesdjulia.com/item/lot-2473-bergmann-model-1896-no-3-semi-auto-pistol-in-ultra-rare-maker-s-case-46989/ (accessed 2026-10-19). ↩

13. James D. Julia, Inc., Fall 2012, lot 2471, https://jamesdjulia.com/item/lot-2471-rare-bergmann-model-1896-no-2-semi-auto-pistol-46956/ (accessed 2026-10-19). ↩ ↩²

14. James D. Julia, Inc., Fall 2012, lot 2472, https://jamesdjulia.com/item/lot-2472-bergmann-model-1896-no-3-semi-automatic-pistol-46957/ (accessed 2026-10-19). ↩

15. James D. Julia, Inc., Fall 2010, lot 1074, https://jamesdjulia.com/item/lot-1074-rare-bergmann-model-1896-no-2-semi-auto-pistol-40592/ (accessed 2026-10-19). ↩ ↩²

16. James D. Julia, Inc., Fall 2010, lot 1075, https://jamesdjulia.com/?p=469478 (accessed 2026-10-19). ↩

17. James D. Julia, Inc., Spring 2010, lot 1074, https://jamesdjulia.com/?p=467386 (accessed 2026-10-19). ↩ ↩²

18. James D. Julia, Inc., Spring 2009, lot 1155, https://jamesdjulia.com/item/lot-1155-extremely-rare-bergmann-model-1897-no-5-semi-auto-pistol-with-shoulder-stock-37698/ (accessed 2026-10-19). ↩

19. James D. Julia, Inc., Fall 2008, lot 1142, https://jamesdjulia.com/?p=460505 (accessed 2026-10-19). ↩ ↩² ↩³

20. 18 U.S.C. § 921(a)(3), (a)(16), quoted in full in the Borchardt dive, research notes and Volume 8; Cornell LII, https://www.law.cornell.edu/uscode/text/18/921 (consulted 2026-10-18). ↩

21. 27 CFR 478.11, “Curios or relics”, https://www.ecfr.gov/current/title-27/chapter-II/subchapter-B/part-478/subpart-B/section-478.11 (consulted 2026-10-18). ↩

22. “Bergmann 1896”, English Wikipedia, https://en.wikipedia.org/wiki/Bergmann_1896 (accessed 2026-10-19). ↩

23. Ed Buffaloe, “The Bergmann Pistols”, Unblinking Eye, https://unblinkingeye.com/Guns/Berg/berg.html (accessed 2026-10-19). ↩

24. Ian McCollum, “Bergmann No. 3 / 1896 Pistol”, Forgotten Weapons, https://www.forgottenweapons.com/bergmann-no-3-1896-pistol/ (accessed 2026-10-19), reader comment on Krieghoff. ↩

25. Leonardo M. Antaris, “Bergmann’s Extraordinary Pistols”, American Rifleman, 18 October 2021, https://americanrifleman.org/content/bergmann-s-extraordinary-pistols (accessed 2026-10-19). ↩

26. Ian McCollum, “Bergmann No.5 / 1897 Pistol”, Forgotten Weapons, https://www.forgottenweapons.com/bergmann-no-5-1897-pistol/ (accessed 2026-10-19). ↩

27. ATF, Firearms Curios or Relics List, January 1972 through April 2025 (ATF P 5300.11), Sections III and IIIA, read from https://web.archive.org/web/20260426215034if_/https://www.atf.gov/media/19856/download (accessed 2026-10-19). ↩ ↩² ↩³

28. 26 U.S.C. § 5845(a), (c), (g), https://www.law.cornell.edu/uscode/text/26/5845 (consulted 2026-10-18). ↩ ↩² ↩³

29. Borchardt C-93 dive, Volume 8, /actual-firearms/pistols/borchardt-c93/vol-8/. ↩ ↩² ↩³ ↩⁴

30. Buffalo Arms Co., site search for “bergmann” and item 4D6.5BERG, https://www.buffaloarms.com/6-5-bergmann-4d-die-set-4d6-5berg.html (accessed 2026-10-19). ↩

31. Suppressor law dive, Volume 3, /suppressors/suppressor-law/vol-3/. ↩

32. MCL 750.231a, https://legislature.mi.gov/Laws/MCL?objectName=mcl-750-231a (accessed 2026-10-19; “Complete Through PA 103 of 2026”). ↩

33. MCL 28.432, https://legislature.mi.gov/Laws/MCL?objectName=mcl-28-432 (accessed 2026-10-19). ↩