I've tried to research this, but keep shooting blanks. I'm looking at a Pedersoli Big 50 copy of the Sharps 1874 50-90. What I need to know is... can the rifle be shipped as a Black Powder even though it takes a center fire BP cartridge?? Or... will it need to go thru a local FFL1?? Or... should I ask this question in the BP Forum???
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Antiques and Replicas
Antique firearm means any firearm not designed or redesigned for using rimfire or centerfire ammunition and manufactured in or before 1898 (including any matchlock, flintlock, percussion cap or similar type of ignition system or replica thereof, whether actually manufactured before 1898) and also any firearm manufactured in or before 1898 using fixed ammunition which is no longer manufactured in the U.S. and is not readily available in the ordinary channels of commercial trade.American soldier by choice. Made in America by the Grace of God.
So, now it is ironic that the State whittles away at the right of its citizens to defend themselves from the possible oppression of their State.
Judge Roger T. Benitez
LCM's ruled legal 3/29/2019Comment
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Thanks for the replies. I guess this is one BP that doesn't get home free. The gun takes a 50-90BP cartridge, and anyone brave enough to fire a smokeless in one is really pushing their luck... But it is a centerfire brass cartridge. Kinda caught somewhere in a grey area...WITHOUT THE 2nd THERE WON'T BE A 1st...]Comment
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Here's the actual US Code. The modern ammunition prohibition is for replicas of antique firearms (B). The section is often misread, even by random .government employees that answer the phone at the DOJ (California uses the federal definition as well):
18 USC 921 (a)(16).
(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.Comment
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Here's the actual US Code. The modern ammunition prohibition is for replicas of antique firearms (B). The section is often misread, even by random .government employees that answer the phone at the DOJ (California uses the federal definition as well):
18 USC 921 (a)(16).
(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.
I can see where it can be confusing. Case in point. #1 the 50-90 1874 Sharps was designed as a centerfire from the git-go, and not redesigned to take centerfire. #2 The ammunition is no longer available through regular channels in the US. There are a couple of cottage industry shops that load the 50-90, but more on a custom basis and not mass produced. #3 The Pedersoli replica was made without modifications to the original Sharps 1874 design.
So in conclusion the Pedersoli/1874 Sharps replica meets the definition of a Black Powder replica, and can be shipped directly to a consumer. I think???
I'm still going to give the Pedersoli importer a call ... Cimarron I think... for their definition of the law, or how they deal with it...
Thanks again for all the great feedback...Last edited by condor; 02-26-2017, 5:37 AM.WITHOUT THE 2nd THERE WON'T BE A 1st...]Comment
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