Firearm Question - California Law

[Usui Takumi 1,562]

I was thinking of purchasing a replica 1861 Navy. For those who know CA law, is it pretty much exempt from most restrictions? IE shipping to an FFL etc?

[Gary and Alla 3,696]

I was thinking of purchasing a replica 1861 Navy. For those who know CA law, is it pretty much exempt from most restrictions? IE shipping to an FFL etc?

Yes, It can be shipped to your door. It is classifed as an antique. Under federal law, ANY firearm made before 1898 is classified as an antique and can be shipped without an FFL but that includes a LOT of firearms which shoot modern ammuntion. A model 1894 Winchester, chambered for the .30-30 made in 1896 can be delivered to your door. A Model 1894 Winchester chambered for the .30-30 and made last week, CANNOT be shipped to your door.

Under California law an antique also must NOT fire self contained cartridges. The 1861 Navy meets that classification. Any of the "cap and ball" revolvers meet that classification.

Be aware that SOME sellers of these firearms may simply choose to avoid any possible problems with California's bizarre laws and simply say "Not for Sale in California" Which is, after all, the GOAL of the antigun people that made the law.

[Krikit 1,166]

Multiple posts removed and members banned from thread.

[Usui Takumi 1,562]

Yes, It can be shipped to your door. It is classifed as an antique. Under federal law, ANY firearm made before 1898 is classified as an antique and can be shipped without an FFL but that includes a LOT of firearms which shoot modern ammuntion. A model 1894 Winchester, chambered for the .30-30 made in 1896 can be delivered to your door. A Model 1894 Winchester chambered for the .30-30 and made last week, CANNOT be shipped to your door.

Under California law an antique also must NOT fire self contained cartridges. The 1861 Navy meets that classification. Any of the "cap and ball" revolvers meet that classification.

Be aware that SOME sellers of these firearms may simply choose to avoid any possible problems with California's bizarre laws and simply say "Not for Sale in California" Which is, after all, the GOAL of the antigun people that made the law.

Thanks for your help, I knew CA and the Federal government had different definitions, but I wasn't sure what CA's was.

[Gary and Alla 3,696]

Thanks for your help, I knew CA and the Federal government had different definitions, but I wasn't sure what CA's was.

No problem. I was never a fan of the muzzle loaders. Not that I am lazy, I handload all my ammunition so I spend just as much time on it anyway. Just a lot of cleaning and nonsense involved with them. I have one black powder cartridge rifle which uses cartridges loaded with black powder. I love the rifle but it is a mess to clean after shooting. They just were not my cup of tea but a lot of people like them.

The Colt Revolvers are popular replicas. Go for a steel frame, NOT a brass frame.

[StraightShooter 62]

I can't address CA law directly, but there has been some incorrect info posted on this thread about shipping firearms.

To the OP: Yes, your replica revolver can be shipped directly to you via the USPS under federal law. However, you'll have to get CA specific info about the laws in your state.

The weapon you're talking about is considered an "Antique Firearm" under federal law and is not constrained from shipping to an individual. There is no requirement to ship to a licensed FFL.

For that matter, under federal law, even modern rifles and shotguns may also be shipped directly from individual to individual in the same state via USPS without going through an FFL.

Reference:

Title 18, Section 921(a)(16) then defines "antique firearm" as follows:

"The term 'antique firearm' means -

•(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 subparagraph (A) if such replica -

•(i) is not designed or redesigned for using rimfire or conventional centerfire fixed ammunition, or

•(ii) 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."

Fully automatic weapons, e.g. "machineguns" and "assault weapons" such as a full auto AK-47 or even "Ma Deuce" (look it up) may be owned by individuals under federal law after paying a $200 tax, going through a background check and jumping through a couple of other hoops. Suppressors, aka "silencers" are also legal to own under federal law, with a few hoops of their own. California law is likely a bit more restrictive in that regard.

I hope this clears things up for you.

I personally don't have any BP weapons for the same reason that Gary mentioned. Messy. However, if I were to get one, it would be a LeMat .44 caliber 9-shot revolver with 20 gauge shotgun barrel underneath. Way cool.

Best of luck to you!

-StraightShooter

[luckytxn 2,265]

Yes, It can be shipped to your door. It is classifed as an antique. Under federal law, ANY firearm made before 1898 is classified as an antique and can be shipped without an FFL but that includes a LOT of firearms which shoot modern ammuntion. A model 1894 Winchester, chambered for the .30-30 made in 1896 can be delivered to your door. A Model 1894 Winchester chambered for the .30-30 and made last week, CANNOT be shipped to your door.

Under California law an antique also must NOT fire self contained cartridges. The 1861 Navy meets that classification. Any of the "cap and ball" revolvers meet that classification.

Be aware that SOME sellers of these firearms may simply choose to avoid any possible problems with California's bizarre laws and simply say "Not for Sale in California" Which is, after all, the GOAL of the antigun people that made the law.

Is a REPLICA still considered an antique?

[StraightShooter 62]

Is a REPLICA still considered an antique?

Yes. See item B in my reference above.

[DaveE 178]

And for any of you historical military weapons buffs. The Civilian Marksmanship Program allows eligible US Citizens to purchase M1 Garands, and will ship them directly to your door (FedEx), without going through a dealer. The only exception are New Jersey residents.

They used to sell M1 carbines, 1903's and 1917's but I bought them all.

[StraightShooter 62]

And for any of you historical military weapons buffs. The Civilian Marksmanship Program allows eligible US Citizens to purchase M1 Garands, and will ship them directly to your door (FedEx), without going through a dealer. The only exception are New Jersey residents.

They used to sell M1 carbines, 1903's and 1917's but I bought them all.

Indeed.

Ahhh... but did you get any M2s or M3s? Those would be cool. The M2 was probably the first US made "assault weapon" but it didn't see much use.

I can't imagine trying to drag an M3 around in the woods in the dark of night.

[Harsh_77 718]

No problem. I was never a fan of the muzzle loaders. Not that I am lazy, I handload all my ammunition so I spend just as much time on it anyway. Just a lot of cleaning and nonsense involved with them. I have one black powder cartridge rifle which uses cartridges loaded with black powder. I love the rifle but it is a mess to clean after shooting. They just were not my cup of tea but a lot of people like them.

The Colt Revolvers are popular replicas. Go for a steel frame, NOT a brass frame.

What you use Dillon progressive press?

[Brother Hesekiel 2,236]

California is quite strict . . . make that extremely strict.

First, I don't know if a replica really qualifies as an antique or relic.

Secondly, even under those circumstances I am fairly certain that the buyer needs to ave a valid HSC.

[Gary and Alla 3,696]

Is a REPLICA still considered an antique?

Yes, provided it does not use fixed ammunition

[Gary and Alla 3,696]

What you use Dillon progressive press?

No. I have several single stage presses, I do not use progressives. I have an RCBS Jr., RCBS Rockchucker, Lyman Orange Crusher for metallic cartridges and 5 MEC single stage shotshell machines which fit in an interchangeable plate on my bench. I currently load for 5 shotshells (12, 16, 20 , 28 ga, and .410) and 83 rifle and pistol cartridges.

I have a full setup for cast bullets which I use for several of the firearms.

Edited January 20, 2012 by Gary and Alla

[Gary and Alla 3,696]

I use a lot of cast bullets, made from an alloy rather than pure lead. Sousita, you would use pure lead balls for the revolvers you are considering.

I use wheelweight metal, straight, for most of the bullets and 20:1 lead to tin for the Black Powder Cartridge Rifle bullets. I cast bullets because it is cheap (wheelweights are free) and I can make bullets for a lot of the obsolete rifles I have which you can no longer buy bullets for.