Rifle laws
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Old 12-10-2013, 11:38 PM   #1
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Default Rifle laws

I am probably on the wrong page.. but I need advice.
When is a rifle not considered as a rifle?... what I mean is. If you start taking a rifle apart.. what parts need to be off of it to be considered an "NON" gun? I have an old Springfield 30-40 Krag.. made before 1900.. and I want to transport it from Nevada to my home in Calif.
I read somewhere that if the action is complete.. then it is still a gun in the eyes of the law..??? Can I like... remove the bolt.. ship it separate.. then take the rest of it with me in my car?
I thank you for any feed back you might have
Blazinsun69

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Old 12-10-2013, 11:45 PM   #2
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Quote:
Originally Posted by blazinsun69 View Post
I am probably on the wrong page.. but I need advice.
When is a rifle not considered as a rifle?... what I mean is. If you start taking a rifle apart.. what parts need to be off of it to be considered an "NON" gun? I have an old Springfield 30-40 Krag.. made before 1900.. and I want to transport it from Nevada to my home in Calif.
I read somewhere that if the action is complete.. then it is still a gun in the eyes of the law..??? Can I like... remove the bolt.. ship it separate.. then take the rest of it with me in my car?
I thank you for any feed back you might have
Blazinsun69
sounds like maybe you are wanting to make that rifle a wall hanger or art of some sort?

i would consult with an FFL about transporting it. it probably has to go through an FFL for transfer. even you remove the bolt, the reciever is still classified as a firearm. plus, it's California too.
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Old 12-10-2013, 11:51 PM   #3
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After having just been schooled about giving legal advice on an interwebz forum, all I have to say is this...

Research not only your local laws (good luck with that in CA) but also federal laws regarding transport of firearms from state to state...

The legal advice you get for free online is worth every penny you paid...

30-40 Krag? *jealous*

Best of luck to you...

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Old 12-10-2013, 11:51 PM   #4
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The receiver that has the serial number on it is considered a firearm to the ATF.

Pretty sure you can ship your firearm to yourself if you are going to be there to receive it. If purchasing it in another state it would need to be shipped by a FFL holder to another FFL holder in your state for you to pick up. You can also have a firearm that you own shipped for repair and directly back to you. Certain carriers have their own policy with regard to firearms, like FedEx or the postal service.

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Old 12-10-2013, 11:53 PM   #5
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If I recall, c3 told me the gun is the receiver. Without the receiver, the rest of it are 'just' parts. And even if you only have the receiver, it's still a gun, regardless of what is missing.

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Old 12-10-2013, 11:56 PM   #6
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Legally, the receiver (frame) IS the gun. Everything else is just parts.

However, if you are driving, it is legal for you to transport the gun. Does not need to be disassembled, DOES need to be unloaded, cased, and locked in the trunk. Governed by the Federal law below-


18 US Code 926A- known as the Peaceable Journey Act.

Notwithstanding any other provision of any law or any rule or regulation of a State or any political subdivision thereof, any person who is not otherwise prohibited by this chapter from transporting, shipping, or receiving a firearm shall be entitled to transport a firearm for any lawful purpose from any place where he may lawfully possess and carry such firearm to any other place where he may lawfully possess and carry such firearm if, during such transportation the firearm is unloaded, and neither the firearm nor any ammunition being transported is readily accessible or is directly accessible from the passenger compartment of such transporting vehicle: Provided, That in the case of a vehicle without a compartment separate from the driver’s compartment the firearm or ammunition shall be contained in a locked container other than the glove compartment or console.

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Old 12-10-2013, 11:59 PM   #7
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On a side note...

Ain't this a bitc*???

All of us Joe Lunchpails, just trying to live within the confines of the law, so as not to run afoul and compromise our rights, have to jump through all these BS legal hoops...Then you have some jackass who doesn't give a f*ck, has no business owning or transporting firearms, will just stuff it in his trunk under the spare tire, carry on, take his chances, and probably get away with it...infuriating...

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Old 12-11-2013, 12:11 AM   #8
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Aren't pre-1899 guns antiques and not firearms?

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Old 12-11-2013, 12:17 AM   #9
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Aren't pre-1899 guns antiques and not firearms?
not exactly sure about the year, but before a certain year, yes they are considered antiques and IIRC they don't have to go through an FFL.

C3 has a C&R license and even they are classified differently a well on DOM.
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Old 12-11-2013, 12:23 AM   #10
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So, I read that to mean ANY gun, in ANY state. So, putting an unloaded rifle in your back seat on the way to a shoot is a no-no. Having ammo and a rifle in the backseat - 2 no-nos. What about CC handguns? What is the mechanism to get around that?

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