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Educate me re: shipping black powder gun

RocklobsterRocklobster Member Posts: 7,060
edited June 2016 in Ask the Experts
It's my understanding that I may mail a black-powder revolver, since the BATFE does not consider a weapon that does not chamber modern ammunition to be a "firearm." Right or wrong?

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    SP45SP45 Member Posts: 1,758 ✭✭✭
    edited November -1
    Depends on the state. Some states consider that a firearm. Also it is considered a dangerous instrument depending on how it is used. That is why I require a copy of photo ID and hunting license or CCL or something that convinces me that they may legally purchase the item and ship only to the name and address on the ID and require an adult signature. Sure hate to have an unstable 15 year old get their hands on it. I don't think "back powder" would exempt you from some problems.
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    11b6r11b6r Member Posts: 16,588 ✭✭✭
    edited November -1
    There are 3 things involved- the ATF, Postal Service, and State laws.

    The ATF considers an "Antique Firearm" to be a gun that was made prior to 1-1-1899, OR any gun that uses "loose powder and ball", no matter when made, so long as it is not "readily convertible" to a modern firearm. Antique firearms are just that- antique firearms- not firearms, and not subject to the 1968 Gun Control Act.

    Post Office- you can mail a modern rifle or shotgun by US Mail- and you can mail antique firearms. Domestic Mail Manual, Restricted Mailings.See HERE: http://www.handgunlaw.us/documents/USPSFirearmsRegs.pdf

    State laws- SOME states do not give a hoot if it is a ball and cap 36 Colt Navy, they still treat it as if it were a new gun. Not sure, but Jersey and New York ring a bell in that regard.

    With the exception of prohibited by State law, you can send an antique firearm by mail, and it does not have to go TO a FFL. For God's sake, be SURE it is not loaded.

    PS- I agree with Hawk about hysterical postal clerk. You might want to print that link above and take with you. Happily, I live in a rural area where the folks at the local PO have some sense, and know their stuff.
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    nmyersnmyers Member Posts: 16,880 ✭✭✭✭
    edited November -1
    There are also "local" laws (city & county) to worry about. You have to look it up in ATF P5300.5.

    Neal
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    fordsixfordsix Member Posts: 8,722
    edited November -1
    no NJ chicago nyc ect
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    Hawk CarseHawk Carse Member Posts: 4,369 ✭✭✭
    edited November -1
    You are ok on federal law, state law can interfere.
    Even where legal, dealing with a hysterical postal clerk can take all the fun out of it. I had a lot of trouble sending an air gun out for repair.
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    beantownshootahbeantownshootah Member Posts: 12,776 ✭✭✭
    edited November -1
    Answer has been given. To expand a bit:

    There is no FEDERAL law prohibiting mailing of black powder revolvers. Doesn't mean they're not "weapons", but they're not classified as firearms subject to restriction on mailing. You can legally send and receive these through US postal mail, assuming you're otherwise legally able to possess them.

    Now, as to CARRY of same, or POSSESSION of same, these are different questions than mailing them. Person on the RECEIVING end of one of these may not necessarily be able to legally receive the package, depending on where they live and their individual legal status.

    Most States do not legally consider BP revolvers as firearms, making the guns exempt from most (but not all) firearms law. That typically means you can own, buy or sell them without a gun license. It sometimes means that classes of individuals who can't legally own or purchase conventional handguns can legally own these. EG, there are a few states where felons can legally own these. . .there are many where they cannot. Minors under 21 years of age can't legally purchase handguns. . .but they often can purchase these.

    I believe this is even true in MA and NY State (!). You can own BP guns there without specific handgun licenses, though if you have POWDER or BULLETS for the guns, they're still "weapons" and subject to restrictive law. You can't legally purchase or POSSESS bullets or powder in MA without a firearms license, meaning that in effect, you can't legally LOAD or SHOOT one of these guns without a gun permit. Individual rules in particular cities can be more restrictive too (eg NYC).

    In all States, even though these things are not technically "firearms", they're still "weapons", meaning you may not necessarily be able to CARRY one without a license, etc. Again, that's a different question. Hunting with these. . .again, different question.

    If you're interested in actually shooting one of these, or hunting with it, or carrying it, you would do well to check your State and local law as well.
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    RocklobsterRocklobster Member Posts: 7,060
    edited November -1
    Thanks, gents!
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