Question about APCP storage

hey Joel: and that would qualify huh? Does a person who buys a muzzle loader have to undergo the instant background check? Are muzzleloader guns exempt from the federal firearms laws?

shockie B)

Reply to
shockwaveriderz
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I'll answer my own questions, the answers are Muzzleloader guns are exempt from the Gun Control Act of 1968 and they are also exmept from the Brady Law:

From the Federal Firearms Regulations reference Guide 2000: (P11) Does the Brady law apply to the transfer of antique firearms?

No. Licensees need not comply with the Brady law when transferring a weapon that meets the Gun Control Act's definition of an "antique firearm."

Do antique firearms come within the purview of the GCA?

No. "Antique firearms" are defined in the following:

TITLE 18 U.S.C. CHAPTER 44 SECTION 921(a) (16)

(16) The term "antique firearm" means-

(A) any firearm (including any firearm with a matchlock, flintlock, percussion cap, Or similar type of ignition system) manufactured in or before 1898; or (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 rinifire 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; or

C) any muzzle loading rifle muzzle loading shotgun, or muzzle loading pistol, which is designed to use black powder, or a black powder substitute, and which cannot use fixed ammunition. For purposes of this subparagraph, the term 'antique firearm" shall not include any weapon which incorporates a firearm frame or receiver, any firearm which is converted into a muzzle loading weapon, or any muzzle loading weapon which can be readily converted to fire fixed ammunition by replacing the barrel, bolt, breech-block, or any combination thereof.

27 CFR 178.11

Antique firearm. (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 paragraph (a) of this definition if such replica (1) is not designated or redesignated for using rinifire or conventional centerfire fixed ammunition, or (2) uses rinifire 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.

Looks like I'm gonna go out and purchase me a some BP and a Muzzleloader LongRifle and join a local National Muzzleloaders club down the road here....COOL

shockie B)

Reply to
shockwaveriderz

But why would anyone believe your law cites if they do not believe mine wich were affirmed in court?

Jerry

Reply to
Jerry Irvine

Federal law says you can buy and store up to 50 pounds of BP "...intended to be used solely for sporting, recreational, or cultural purposes in antique firearms or in antique devices." Some folks interpret that sentence one way, some another. Regardless of you, I or ATF interpret it, the fact remains that this exemption allows anyone to buy BP.

State and local laws may impose additional limits. Some of the communities in my area don't allow the sale of BP. The state pointlessly restricts it to one pound per purchase.

Additionally, since the HSA gave the ATF illegal authority to interfere with intrastate transactions, many dealers have stopped selling it because they can't comply with the ATF's permit and/or storage requirements.

Reply to
RayDunakin

Jerry, the court upheld the PAD exemption for rocket motors. Nearly everyone in the hobby has been saying that rocket motors are PADs. Only the ATF disagreed. So which of your cites was upheld, that no one would believe but you?

Oh, and you should note that the judge upheld the PAD exemption only until ATF puts on their little NPRM show to take it away. When/if they do that, what will you do with your cites then?

Reply to
RayDunakin

Shockie,

Just get one of these:

formatting link
Legal _and_ fun!

Patrick

Reply to
Patrick Harvey

OMG!!!!!!!!!!!!!!!! shockie B)

Reply to
shockwaveriderz

ray: there are 2 kinds of lies: one kind of lie is called Omission......If I purchase BP for the purpose of using it for anything other than what the law calls for, or I say I will use it for one think and not another, that is a lie of omission....I think the Feds will prosecute you on that.... You are not recommending that I lie are you? Be dishonest?

Reply to
shockwaveriderz

If that's what you think, then don't do it. It's that simple.

Of course, there are those who have a different understanding of the situation and have come to a different conclusion.

Both sides can get along just fine... IF one side doesn't insist on rocking the boat.

Reply to
RayDunakin

When hell freezes over.

Reply to
Jerry Irvine

Exempt materials are not "explosive materials" as defined.

Reply to
Jerry Irvine

I am saving this so when people ask why rocketeers didn't simply use the exemptions they had, I will refer to the words of the Tripoi webmaster as hard proof.

Jerry

Reply to
Jerry Irvine

I told you so.

Reply to
Jerry Irvine

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