traditional muzzleloaders: still a no-FFL transfer?

[Whiterabbit]

Hello,

I want to buy a traditional (non-inline) muzzleloader from out of state. Built from a kit, no serial (I assume this makes no difference). Gorgeous.

I believe our laws state that this can be shipped from this gentleman right to my door, yes?

[incredablehefey]

Yep

[Whiterabbit]

Is there a law that states this is the case, or is it just the lack of a law banning it?

[Mssr. Eleganté]

There's a section of California's penal code that says antiques (like muzzle loaders) are exempt from California's definition of firearm when it comes to sales and transfers. They are still considered firearms for all the other parts of the penal code having to do with firearms though.

I'm posting from my phone, so I can't give you the penal code section number right now. If Librarian hasn't posted it by tonight I can post it for you when I get home.

[Whiterabbit]

Thank you. I'm having a heck of a time finding it:

http://www.leginfo.ca.gov/.html/pen_table_of_contents.html

If the wording just says antique firearms, will there be another section that specifically says modern built replicas of antique firearms (flint lock muzzleloaders, despite having new construction lock, stock, and barrel) are considered antique?

[Whiterabbit]

having a tough time finding the regulations. Finding unrelated antique definitions, and finding regs related to the sale, but not purchase of, firearms.

[Shasta Frog]

You can buy modern traditional style muzzleloaders online and have them shipped to your door. My father has purchased from Cabela's before, no problems and it was also a kit. And that was out of state. You can even purchase one locally and walk out with it just like any other item.

[onewheelwes]

Shhh... Sen Yee may find out.

[rromeo]

I'm lazy to look it up, but definition says something to the effect of "made before 1899, or a replica that does not fire modern ammunition.".

[Librarian]

Wiki article is http://wiki.calgunsfoundation.org/Antique_Firearms

PC 23630 says

(a) This division does not apply to the commerce of any
antique firearm.
(b) (1) This division does not apply to the commerce of any
firearm intended to be used by a salaried, full-time peace officer,
as defined in Chapter 4.5 (commencing with Section 830) of Title 3 of
Part 2, for purposes of law enforcement.
(2) Nothing in this division precludes a local government, local
agency, or state law enforcement agency from requiring its peace
officers to store their firearms in gun safes or attach firearm
safety devices to those firearms.

(no gun locks required). PC 16520 says in relevant part

(d) As used in the following provisions, “firearm” does not include an unloaded antique firearm:

(1) Subdivisions (a) and (c) of Section 16730.

(2) Section 16550.

(3) Section 16960.

(4) Section 17310.

(5) Chapter 6 (commencing with Section 26350) of Division 5 of Title 4.

(6) Sections 26500 to 26588, inclusive.

(7) Sections 26700 to 26915, inclusive.

(8) Section 27510.

(9) Section 27530.

(10) Section 27540.

(11) Section 27545.

(12) Sections 27555 to 27570, inclusive.

(13) Sections 29010 to 29150, inclusive.

26500 is

26500.

(a) No person shall sell, lease, or transfer firearms unless the person has been issued a license pursuant to Article 1 (commencing with Section 26700) and Article 2 (commencing with Section 26800) of Chapter 2.

(b) Any person violating this article is guilty of a misdemeanor.

27545 is PPT, and antique firearms are exempted.

So, antique firearms, as defined, are exempt from the 'use a dealer' requirement.

[Whiterabbit]

Thank you!