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neveragain@juno.com
09-07-2005, 6:26 PM
Can a California resident sell an antique pistol (SAA Colt made in 1890) to another California resident without paperwork?

09-07-2005, 6:33 PM
From the California DoJ FAQ:

I want to sell a gun to another person, i.e., a private party transfer. Am I required to conduct the transaction through a licensed California firearms dealer?

Yes. Firearm sales must be conducted through a fully licensed California firearms dealer. Failure to do so is a violation of California law. The buyer (and seller, in the event that the buyer is denied), must meet the normal firearm purchase and delivery requirements. "Antique firearms," as defined in Section 921(a)(16) of Title 18 of the United States Code, and curio or relic rifles/shotguns, defined in Section 178.11 of Title 27 of the Code of Federal Regulations that are over 50 years old, are exempt from this requirement. "Antique firearms," as defined in Section 921(a)(16) of Title 18 of the United States Code, and curio or relic rifles/shotguns, defined in Section 178.11 of Title 27 of the Code of Federal Regulations that are over 50 years old, are exempt from this requirement.

(16) 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; or
(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; or

I guess that's a yes, but I'm no expert. I just spend a lot of time reading the laws and imagining all the guns I'll never be able to buy while living here http://calguns.net/groupee_common/emoticons/icon_smile.gif.

09-07-2005, 6:35 PM
i believe any concealable firearm antique or not needs to go through an ffl in california.

09-07-2005, 6:43 PM
I just realized that the second bit I quoted has nothing to do with standard centerfire handguns, so I guess that if it's on the C&R list that would make it exempt. But requiring a concealable firearm to be transferred through an FFL sounds about right in California (nevermind that you can order a black powder revolver without an FFL).

Trader Jack
09-07-2005, 6:58 PM
Blacklisted said, " never mind that you can order a black powder revolver without going though an FFL"

This is not 100% true. Rifles yes, Pistols 95% no.

The rule here is that if the revolver can be converted to fire a primer load projectile then it must go though an FFL. 95% of those revolvers CAN be converted.

09-07-2005, 7:02 PM
Originally posted by Trader Jack:
Blacklisted said, " never mind that you can order a black powder revolver without going though an FFL"

This is not 100% true. Rifles yes, Pistols 95% no.

The rule here is that if the revolver can be converted to fire a primer load projectile then it must go though an FFL. 95% of those revolvers CAN be converted.

That's very interesting, I always wondered about that. I figured someone would be able to convert the weapons, as they did in past when cartridges became popular.

Rascal
09-07-2005, 7:05 PM
Originally posted by cowboydude2:
i believe any concealable firearm antique or not needs to go through an ffl in california.

This is not true. An Antique handgun does not need to go through a 01FFL. C&R handguns, made after 1898 must go throught a 01FFL.

imported_EOD Guy
09-08-2005, 7:39 AM
Originally posted by cowboydude2:
i believe any concealable firearm antique or not needs to go through an ffl in california.

Not true. There is no such provision in the California Penal Code.

Originally posted by Blacklisted:
I just realized that the second bit I quoted has nothing to do with standard centerfire handguns, so I guess that if it's on the C&R list that would make it exempt. But requiring a concealable firearm to be transferred through an FFL sounds about right in California (nevermind that you can order a black powder revolver without an FFL).

The fact that an antique handgun is a center fire firearm has nothing to do with it.
The exception for center fire only applies to replicas of antique firearms.
If the Feds say a firearm is an antique, it is exempt in California.


Originally posted by Trader Jack:
Blacklisted said, " never mind that you can order a black powder revolver without going though an FFL"

This is not 100% true. Rifles yes, Pistols 95% no.

The rule here is that if the revolver can be converted to fire a primer load projectile then it must go though an FFL. 95% of those revolvers CAN be converted.

Again, there is no such provision in California law.