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Black powder muzzle loader back ground check?

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  • crazy
    Senior Member
    • May 2009
    • 1120

    Black powder muzzle loader back ground check?

    Life has been difficult and challenging over last couple of years so I have not been following every new law that has been passed. I was in LGS and they had a couple of blackpowder rifles. One was a Ruger 77 and I can't remember the other. I was told that I needed to do a background to purchase. I didn't think that was the case with BP. What's the story?
    .
    Things I have for sale.

    https://www.calguns.net/calgunforum/....php?t=1646789

    https://www.calguns.net/calgunforum/....php?t=1645958

    https://www.calguns.net/calgunforum/....php?t=1645863

    Legal disclaimer: Opinions are like buttholes. Everyone has one, including me.
  • #2
    Wheellock
    Senior Member
    • Dec 2019
    • 1112

    There are some newer muzzle loaders that are built on the same action as bolt action rifles. You could change the barrel and bolt to centerfire, so they they don't fall into the antique status. Remington used (maybe still) to make a muzzle loader with a model 700 action, as an example.

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    • #3
      Flintlock Tom
      Veteran Member
      • Feb 2007
      • 3353

      The Ruger 77/50 is a modern, in-line percussion black powder gun. Modern black powder guns that do not replicate an antique gun do not qualify for cash and carry.
      "Everyone must determine for themselves what level of tyranny they are willing to tolerate.
      I let my CA residency expire in 2015."

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      • #4
        MajorSideburns
        Senior Member
        • May 2013
        • 1668

        Originally posted by Flintlock Tom
        The Ruger 77/50 is a modern, in-line percussion black powder gun. Modern black powder guns that do not replicate an antique gun do not qualify for cash and carry.
        That’s not true. The reason is either the gun is built on the same receiver as a modern firearm like the previous poster said or the store just decided to implement that as policy, despite not being required by law. I’m not familiar with the black powder Ruger but I know for certain the Remington one as the previous poster described uses the same receiver as a Remington 700 so it is seen as a Remington 700 by the ATF

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        • #5
          Flintlock Tom
          Veteran Member
          • Feb 2007
          • 3353

          "Modern black powder guns that do not replicate an antique firearm do not qualify for cash and carry."

          If the Remington muzzleloader, built on a 700 receiver does not "replicate an antique firearm" it does not qualify for cash and carry.

          So, which part of my statement is "not true?"
          "Everyone must determine for themselves what level of tyranny they are willing to tolerate.
          I let my CA residency expire in 2015."

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          • #6
            k1dude
            I need a LIFE!!
            • May 2009
            • 14290

            IIRC, Bass Pro/Cabelas also requires a background check if you try to buy a black powder pistol from them. Because some felon bought a black powder pistol from them over the counter and used it to kill someone. I'm sure their lawyers told them they had to do background checks for liability protection from then on. Maybe some mom-and-pop gun shops started to do the same for liability reasons.

            But yes, the centerfire vs black powder difference is being blurred by new developments in BP rifles. So some need to be DROS'd. They aren't only muzzleloaders anymore.
            "Show me a young conservative and I'll show you a man without a heart. Show me an old liberal and I'll show you a man without a brain." - Sir Winston Churchill

            "I would remind you that extremism in the defense of liberty is no vice! And let me remind you also that moderation in the pursuit of justice is no virtue!" - Senator Barry Goldwater

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            • #7
              MyOdessa
              CGN/CGSSA Contributor - Lifetime
              CGN Contributor - Lifetime
              • Mar 2011
              • 2298

              Originally posted by MajorSideburns
              That’s not true. The reason is either the gun is built on the same receiver as a modern firearm like the previous poster said or the store just decided to implement that as policy, despite not being required by law. I’m not familiar with the black powder Ruger but I know for certain the Remington one as the previous poster described uses the same receiver as a Remington 700 so it is seen as a Remington 700 by the ATF
              You are misunderstanding the federal law on blackpowder guns. Modern replicas of antique guns are exempt. Modern BP guns that are not replicas of existing antique designs are not exempt.
              Flintlock Tom stated it correctly.
              P.S. He should know, it's in his name.

              Comment

              • #8
                Tallship
                Senior Member
                • Jan 2008
                • 609

                Originally posted by MyOdessa
                You are misunderstanding the federal law on blackpowder guns. Modern replicas of antique guns are exempt. Modern BP guns that are not replicas of existing antique designs are not exempt.
                Flintlock Tom stated it correctly.
                P.S. He should know, it's in his name.
                That is not true. Modern muzzleloaders are exempt if they meet the following criteria:

                18 USC 921 (a)(16)(C)
                (C)  any muzzle loading rifle, muzzle loading shotgun, or muzzle loading pistol, which is designed to use black powder, or a black powder substitute, and which cannot use fixed ammunition.  For purposes of this subparagraph, the term “antique firearm” shall not include any weapon which incorporates a firearm frame or receiver, any firearm which is converted into a muzzle loading weapon, or any muzzle loading weapon which can be readily converted to fire fixed ammunition by replacing the barrel, bolt, breechblock, or any combination thereof.
                Last edited by Tallship; 02-27-2022, 10:03 AM.
                "We got too many gangsters doin' dirty deeds, too much corruption and crime in the streets. It's time the long arm of the law put a few more in the ground...."

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                • #9
                  Wheellock
                  Senior Member
                  • Dec 2019
                  • 1112

                  Tallship is right on this one. Here is a little note the ATF put out mentioning this issue



                  And building on MyOdessa's rules, I can only be challenged by someone with matchlock in their name, because wheellocks are senior to flintlocks

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