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Legal? zipgun?

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  • Mstrty
    Senior Member
    • Nov 2008
    • 2443

    Legal? zipgun?

    It is a single shot muzzleloader stored in a fancy case. I want one

    I see it has a stamp. Why? It looks exactly like a gun when assembled.



    Last edited by Mstrty; 06-20-2012, 1:04 PM.
    ~ ~
  • #2
    ke6guj
    Moderator
    CGN Contributor - Lifetime
    • Nov 2003
    • 23725

    this has been talked about on some the NFA-centric forums in the past. I don't see why it would need a tax stamp since it does look like a pistol when fireable, and it doesn't used fixed ammp, but perhaps the inventor just wanted to be safe. $200 for a tax stamp and you don't have to worry about them calling it an AOW sounds like a bargain to me.
    Jack



    Do you want an AOW or C&R SBS/SBR in CA?

    No posts of mine are to be construed as legal advice, which can only be given by a lawyer.

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    • #3
      Mstrty
      Senior Member
      • Nov 2008
      • 2443

      Is this obtainable in California?
      ~ ~

      Comment

      • #4
        Peter.Steele
        Calguns Addict
        • Oct 2010
        • 7351

        If it uses non-fixed ammunition, then legally - Federally speaking, that is - it's not even a firearm never mind an AOW.
        NRA Life Member

        No posts of mine on Calguns are to be construed as legal advice, which can only be given by a lawyer.

        sigpic

        Comment

        • #5
          CHS
          Moderator Emeritus
          CGN Contributor - Lifetime
          • Jan 2008
          • 11338

          Originally posted by Peter.Steele
          If it uses non-fixed ammunition, then legally - Federally speaking, that is - it's not even a firearm never mind an AOW.
          Incorrect.

          The feds still consider a black-powder muzzle loader or anything that uses non-fixed ammunition a firearm.

          They are, however, exempt from the laws governing firearms transfers.

          Walk around with a loaded one and you'll find out soon enough who considers them firearms and who doesn't
          Please read the Calguns Wiki
          Laws that forbid the carrying of arms...disarm only those who are neither inclined nor determined to commit crimes...Such laws make things worse for the assaulted and better for the assailants; they serve rather to encourage than to prevent homicides, for an unarmed man may be attacked with greater confidence than an armed man.
          --Cesare, Marquis of Beccaria, "On Crimes and Punishment"

          Comment

          • #6
            CHS
            Moderator Emeritus
            CGN Contributor - Lifetime
            • Jan 2008
            • 11338

            Originally posted by bombmaster
            Is this obtainable in California?
            It's an art project one-off. So, no, unless you can get the guy to sell it to you.

            Can you make one yourself? Sure.

            Is the end product itself illegal in CA in any way? No.
            Please read the Calguns Wiki
            Laws that forbid the carrying of arms...disarm only those who are neither inclined nor determined to commit crimes...Such laws make things worse for the assaulted and better for the assailants; they serve rather to encourage than to prevent homicides, for an unarmed man may be attacked with greater confidence than an armed man.
            --Cesare, Marquis of Beccaria, "On Crimes and Punishment"

            Comment

            • #7
              Peter.Steele
              Calguns Addict
              • Oct 2010
              • 7351

              Originally posted by CHS
              Incorrect.

              The feds still consider a black-powder muzzle loader or anything that uses non-fixed ammunition a firearm.

              They are, however, exempt from the laws governing firearms transfers.

              Walk around with a loaded one and you'll find out soon enough who considers them firearms and who doesn't

              Nope.

              The state considers BP weapons to be firearms, but the federal government does not. Muzzle loading black powder and other non-fixed ammunition types are not regulated by the NFA. Neither are - for instance - pinfire weapons, or other non-rimfire, non-centerfire ammunition types. There's ATF letters on the subject available.
              NRA Life Member

              No posts of mine on Calguns are to be construed as legal advice, which can only be given by a lawyer.

              sigpic

              Comment

              • #8
                CHS
                Moderator Emeritus
                CGN Contributor - Lifetime
                • Jan 2008
                • 11338

                Originally posted by Peter.Steele
                Nope.

                The state considers BP weapons to be firearms, but the federal government does not. Muzzle loading black powder and other non-fixed ammunition types are not regulated by the NFA. Neither are - for instance - pinfire weapons, or other non-rimfire, non-centerfire ammunition types. There's ATF letters on the subject available.
                Not regulated by the NFA != "not a firearm".

                Black powder arms are firearms defined by federal law (as 'antique firearms') but simply exempt from federal transfer requirements as defined by the GCA.

                A Remington 1858 copy that you mail order from Cabelas is still a firearm even though you don't have to fill out a 4473.

                The state also considers them firearms and exempt from transfer requirements. Just like the feds.
                Last edited by CHS; 06-20-2012, 10:15 PM.
                Please read the Calguns Wiki
                Laws that forbid the carrying of arms...disarm only those who are neither inclined nor determined to commit crimes...Such laws make things worse for the assaulted and better for the assailants; they serve rather to encourage than to prevent homicides, for an unarmed man may be attacked with greater confidence than an armed man.
                --Cesare, Marquis of Beccaria, "On Crimes and Punishment"

                Comment

                • #9
                  CHS
                  Moderator Emeritus
                  CGN Contributor - Lifetime
                  • Jan 2008
                  • 11338

                  FEDERAL definition of a firearm, FYI:
                  (A) any weapon (including a starter gun) which will or is designed to or may readily be converted to expel a projectile by the action of an explosive;
                  You can find it in 18 USC 921(a)(3)(a)

                  Shortly after that the USC further defines firearms into categories like rifles, shotguns, etc..
                  Please read the Calguns Wiki
                  Laws that forbid the carrying of arms...disarm only those who are neither inclined nor determined to commit crimes...Such laws make things worse for the assaulted and better for the assailants; they serve rather to encourage than to prevent homicides, for an unarmed man may be attacked with greater confidence than an armed man.
                  --Cesare, Marquis of Beccaria, "On Crimes and Punishment"

                  Comment

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