Rifle laws

Discussion in 'General Rifle Discussion' started by blazinsun69, Dec 10, 2013.

  1. blazinsun69

    blazinsun69 New Member

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    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
     
  2. Axxe55

    Axxe55 The Apocalypse Is Coming.....

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    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.
     

  3. vincent

    vincent New Member

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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...:cool:

    30-40 Krag? *jealous* ;)

    Best of luck to you...
     
  4. SSGN_Doc

    SSGN_Doc Well-Known Member

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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.
     
    Last edited: Dec 10, 2013
  5. Vincine

    Vincine New Member

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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.
     
  6. c3shooter

    c3shooter Administrator Staff Member

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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.
     
  7. vincent

    vincent New Member

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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...:mad:
     
  8. MisterMcCool

    MisterMcCool Well-Known Member Supporter

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    Aren't pre-1899 guns antiques and not firearms?
     
  9. Axxe55

    Axxe55 The Apocalypse Is Coming.....

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    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.
     
  10. clr8ter

    clr8ter New Member

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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?
     
  11. jpattersonnh

    jpattersonnh Active Member

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    1898, but they are antique firearms. Firearms non then less.
     
  12. c3shooter

    c3shooter Administrator Staff Member

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    The statute I posted is FEDERAL law, about transporting from one state to another.

    Going hunting? Going to the range? State law.

    And a gun made prior to 1-1-1899 is classed by the Feds as an Antique Firearm, and it falls outside the 1968 Gun Control Act. If your state law permits, it can be shipped to your door without a FFL.

    A Winchester Model 1894 that was MADE in 1894- Antique. Same rifle made in 1899- Firearm.

    However, the Pre 1899s are NOT automatically exempt from the National Firearms Act- so don't think you can buy an antique pump shotgun and cut it down to 14 inches.
     
  13. kfox75

    kfox75 Well-Known Member Supporter

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    An antique firearm is one that was manufactured prior to 1 January, 1899 or a non metallic cartridge replica of the same. A modern black powder revolver is classed as a non firearm, as are modern muzzle loaders, an Original Springfield trap door, built and sent out by 31 December, 1898 is an antique, a reproduction of one is not.

    Link to the BATFE page: http://www.atf.gov/firearms/guides/importation-verification/firearms-verification-gca-antique-firearm.html
     
  14. kfox75

    kfox75 Well-Known Member Supporter

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    Sorry C3. I didn't see your post until after I had posted.:eek:
     
  15. c3shooter

    c3shooter Administrator Staff Member

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    No problem! And you are correct- a gun that uses loose powder and ball- even if made today- is an antique. Or a cartridge arm made prior to 1899. There IS an exception for reproduction cartridge arms that use ammo not currently available in US trade, but that could be thin ice, y'know...
     
  16. Axxe55

    Axxe55 The Apocalypse Is Coming.....

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    C3, isn't the age 50 or more years on certain firearms for them to be C&R eligible?
     
  17. c3shooter

    c3shooter Administrator Staff Member

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    Yep, Curio & Relic is a separate legal class- really only of interest to an 03 C&R FFL holder. To everyone else, it is still treated as an ordinary firearm.

    If a gun is 50 yrs old or older- and it is still in it's original configuration- OR if it is on the C&R list published by the BATFE (like all Winchester Model 88s, without regard to age).

    A US issue M1 Carbine is 50+. As a C&R FFL holder, I can buy one from a dealer, he can ship it directly to me. However, if you do not have that license, you still have to go thru a dealer.

    BTW, it does not mean that the MODEL is over 50 yrs old, but that the gun in question is 50.

    License is $30 for 3 yrs. Downside is you stay broke. Upside- you buy a LOT of guns! :D
     
  18. robertusa123

    robertusa123 New Member

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    As long as your 18 and over, not s fellon. the rifle is in a locked case and their Is no ammo transporting a rifle Isent really a problem. Handgun cause 99% of the horrer stories of people getting thrown into jail. doing the speed limit helps a lot to
     
  19. clr8ter

    clr8ter New Member

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    Oh ok, C3, your 1st post made it seem like it was transporting anywhere……..it's just from state to state. Still, that leaves a lot of people who live on 1 or more state borders the need to be very careful where they go and when, huh?
     
  20. Vikingdad

    Vikingdad New Member

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    Question for the OP. Are you transporting this rifle yourself in your own car? Or are you having it transported for you?

    Driving it across state lines yourself is fine, as has been said it must be locked up unloaded, etc.

    Having it transported for you? I think it has to be done through FFLs on both ends to get it into CA.