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Re: legality of black powder weapons
Posted: Wed Jan 16, 2008 7:18 pm
by seamusTX
Mike1951 wrote:Jim, it does not have to meet both requirements.
There is an 'OR' in there that you're missing.
If it meets the age requirement OR if it meets the ammunition requirement.
There's the underlined part
and A
or B, B being that it is a replica that does not use cartridge ammunition.
Federal law is irrelevant to the state law. It will likely be state or local police who are enforcing state law.
Does anyone know about Texas case law in this area?
- Jim
Re: legality of black powder weapons
Posted: Wed Jan 16, 2008 8:19 pm
by jimlongley
KBCraig wrote:Mike1951 wrote:Jim, it does not have to meet both requirements.
There is an 'OR' in there that you're missing.
If it meets the age requirement OR if it meets the ammunition requirement.
Exactly.
Antique firearm.
(a) Any firearm (including any firearm with a matchlock, flintlock, percussion cap, or similar type of ignition system) manufactured in or before 1898;
and (b) any replica of any firearm described in paragraph (a) of this definition if such replica
(1) is not designed or redesigned for using rimfire or conventional centerfire fixed
ammunition, or
(2) uses rimfire or conventional centerfire fixed ammunition which is no longer manufactured in the United States and which is not readily available in the ordinary channels of commercial trade.
The ammo restriction applies to
replicas; otherwise, every Peacemaker would be a non-firearm.
Jim, your grandfather's C96 Mauser pistol is an antique. As far as BATF is concerned, it is not a firearm.
Oops, yup, well - I don't have it anyway.
Re: legality of black powder weapons
Posted: Wed Jan 16, 2008 9:29 pm
by CJATE
Flip open the next cabalas catalog you get, he can have any black powder shooter that they can mail order to you (i.e. no FFL for shiping)
but IANAL
Re: legality of black powder weapons
Posted: Thu Jan 17, 2008 4:39 am
by KBCraig
Mike1951 wrote:But my point was that a firearm manufactured prior to 1898 still qualifies even if ammunition is currently available.
Yes, I was agreeing with you. I don't currently own a pre-'99 firearm, but if I should luck into a pre-'99 MLM or Long Lee, and it headspaces correctly, I wouldn't hesitate to fire some 1986 South African Mk.VII ball through it. And if someone in another state offered me enough money, I'd gladly sell it to them, no licenses required.
If I could persuade my nephew (who lives in another state) to sell me the M1871 Beaumont-Vitali he inherited from my father, it's an interstate transfer, but since it doesn't involve a "firearm" by definition, federal law doesn't apply.