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Black powder guns and their laws

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18K views 17 replies 12 participants last post by  Butch389494  
#1 ·
I'm interested to see how this works...
As far as I know, an SBS has a barrel shorter than 18", and/or an overall length of less than 26", and an SBR has a barrel length of less than 16" and/or an overall length of less than 26", and to own either of these requires a federal stamp.
After that all the legal ramblings start to confuse me. (of course, the way they write most laws ends up confusing me. if they could only use regular english...)
I also heard something about requiring different stamps or something if the firearm came from the factory this way.
What confuses me are guns like Davide Pedersoli's Howdah hunter, which has a barrel length of 11.25" and an overall length of 17.75". This is a 20 gauge percussion cap pistol, of sorts.
Also, purchasing removable stocks for reproduction cap and ball revolvers like colt 1851 navies and 1860 armies seems to be just that - purchasing a stock.
Are there different laws for percussion cap SBSs and SBRs, or do these somehow not qualify as what I'm seeing them as?
Thanks!
 
#2 ·
According to federal law and almost all states except New Jersey and a few cities here and there muzzle loading firearms are not considered firearms for federal law. You can order muzzleloading firearms thru the mail and you cannot with modern firearms. In NJ all guns capable of sending out a projectile are considered firearms not so in pennsylvania virginia etc. So you can buy a muzzleloading revolver or rifle etc thru the amil.
 
#14 ·
Yup. You can order repros of Colt and Remington cap and ball revolvers and have them delivered to your home. Interestingly enough, you can then buy cartridge conversion cylinders for them, also through the mail. You then have a cartridge revolver that you bought without a background check and had delivered to your door. And it's perfectly legal.
 
#3 · (Edited)
I also find the black powder percussion/ flintlock lack of rules and regulations puzzling , but you can mail order them , no back ground check , and the postman brings them right to your door. When ammo started drying up I ordered an 1851 Colt reproduction from Dixie Gun works and later a cute little 1862 Colt Pocket Model from EMF . Both were delivered , by mail , to my house. I only had to sign a form saying my purchase was legal. I can cast lead balls, have a good supply of caps and powder, and did this just in case the Anti's won the election.
EMF has a list of the cities and states that don't allow the evil cap and ball revolver's .

That 20 gauge Howdah is next on my list....it just looks like it would be fun!
SBS and SBR ...I don't have a clue on how they work.
Gary
 
#18 ·
I am Butch389494 and I congratulate you for being on the course of the last refuge for freedom arms - the fully compliant antique black powder muzzle loader freedom market. I revel in the ownership of muzzleloaders from .50 hunting rifles, a .58 Kodiak Double for serious big game, which for me is mountain boars and a variety of exempt 1849 and 1858 handguns along with my home defender the 20 Gauge Howdah. It only offers two shots, but what shots they are.
Forget for home defense purposes what the Howdah can do at 15 or 25 yards. It was designed 150 years ago to defend human life at 5 feet from tigers climbing into the Howdah basket, not theoretical yards away. This makes it ideal for home defense or the dreaded home invasion which puts the malefactor felon or felons normally 3 to 15 feet away. At that range almost any loading is devastating, even birdshot. I prefer loading one barrel with a ball or slug topped with 7 to 9 pellets of #4 buckshot out front and the second barrel with all #4 or your choice buckshot. Mine is equipped with a powerful small flashlight for safety and a clear view of exactly what you are facing, combined with a laser for certainty of aiming. Thanks for reading, Butch
 
#4 ·
Thanks to both of you!
I think I'm getting the picture...
The government seems to believe that guns that worked for centuries (black powder) aren't actually firearms.
Nice!
I won't complain, it seems to mean looser laws around these guns.
Just goes to show the logic of politicians, although I may have created an oxymoron there.
I'm going with Gary - the Howdah is next on my list too - a bit of 19th century mad max might be interesting :)
 
#16 ·
I am due in court in Somerset county for having black powder guns while under a misdemeanor domestic violence prohibition. I though I was adhering to the law, but I will see how it all turns out. The game warden here heard a gunshot in the woods, knew I was prohibited and had a search warrant for my house a week later. They took a Ruger Old Army and a Wolf bp hunting rifle.

I'm not sure how legal the probable cause was, but I'll let you know what the state does!

If you or anyone has any insight or advice, or knows a good lawyer for this kind of thing, please let me know. I'm worried about the outcome. Thanks.
 
#5 · (Edited)
Whoa there, Hold on before you go too far down this road.

The 1968 Gun Control Act [GCA] controls modern firearms that travel in interstate commerce that were made after 1898.
A black powder firearm is STILL a firearm by definition because it launches a projectile by explosive means and was originally design to do just that.
So, while a replica firearm that is a copy of a pre-1898 design that adheres to pre-1898 design and doesn't fall under the GCA, it is STILL a firearm.
This causes a lot of confusion because even though a black powder cap & ball revolver can often be shipped in interstate commerce outside of the provisions of the GCA, a convicted felon Cannot legally possess one because it is still a firearm.
The most common situation is a felon is found to be in possession of an antique firearm and falls outside of the federal law but can be prosecuted in state court for possessing a firearm.

It's important to remember the concept of dual sovereignty. Both the state and federal government can exercise authority over the territory they control.
 
#6 ·
Some states ban black powder for felons. But the way I read it, the ATF doesn't.
From ATF--- https://www.atf.gov/resource-center/docs/0501-firearms-top-10-qaspdf/download

"1. Can a person prohibited by law from possessing a firearm acquire and use a black powder muzzle loading firearm?

The Gun Control Act of 1968 (GCA) prohibits felons and certain other persons from possessing or receiving firearms and ammunition (“prohibited persons”). These categories can be found at 18 U.S.C. § 922(g) and (n) in http://atf.gov/publications/download/p/atf-p-5300-4.pdf.


However, Federal law does not prohibit these persons from possessing or receiving an antique firearm.
The term “antique firearm” means any firearm (including any firearm with a matchlock, flintlock, percussion cap, or similar type of ignition system) manufactured in or before 1898. The definition includes any replica of an antique firearm if it is not designed or redesigned for using rimfire or conventional centerfire fixed ammunition, or uses rimfire or conventional centerfire ammunition which is no longer manufactured in the United States, and which is not readily available in ordinary channels of commercial trade.
Further, any muzzle loading rifle, shotgun, or pistol which is designed to use black powder or black powder substitute, and which cannot use fixed ammunition, is an “antique firearm” unless it (1) incorporates a firearm frame or receiver; (2) is a firearm which is converted into a muzzle loading weapon; or (3) is a muzzle loading weapon which can be readily converted to fire fixed ammunition by replacing the barrel, bolt, breechblock, or any combination thereof. See 18 U.S.C. § 921(a)(3), (a)(16).
Thus, a muzzle loading weapon that meets the definition of an “antique firearm” is not a firearm and may lawfully be received and possessed by a prohibited person under the GCA. "

This is just an excerpt from the above posted link.
 
#7 ·
Cap and ball has some advantages, and some disadvantages. Since not a firearm in most states that allow it one can carry a cap and ball revolver in the dreaded GFSZ. As long as one does not venture onto school property. Disadvantage is reloading is difficult, or slow, even switching cylinders. If used in SD shooting the gun will be junk most likely. It will be taken for evidence, and without cleaning corrode into a useless hunk of rust.

I occasional open carry cap, and ball revolvers mostly when I know I am going to be in a school zone.
 
#9 ·
Muzzleloaders and cap and ball revolvers are considered an "antique firearm" by the ATF and are exempt from the NFA.
 
#10 ·
Right.
should have expected it to be more complicated ;) laws always seem to be.
Maine laws are good - with the right permitting, you can get any NFA firearm.
They also don't worry about felons having black powder firearms - but I'm not a felon.
Dunno... I'll give someone a shout around here to see about the black powder SBSs and SBRs
Thanks!
 
#17 ·
In our state the standard of antique firearm stands as written the problem is however you need a LTC/FID card for purchase of powder and primers. Once assembled you have a cartridge so again primer/powder/projectile equals a need for the firearms ID card or LTC.
I don't see how the modern inline fits this but in this state no license or background needed until you decide to buy the accessories. Always be aware of the laws in your state and how powder and primers fit in once loaded.