How do I know it's a real gun?


PDA






Lovesbeer99
March 19, 2009, 08:01 PM
So I see this item for sale on ebay and it's a Kentucy Pistol. The only thing it's missing is the barrel. So is this a gun or not? I know that for most firearms the frame with the serial number is considered the gun, but what about a blackpowder gun? What makes it a gun, the barrel, or the lock or the stock or what?

I like the item, but I don't want to break any laws.

If you enjoyed reading about "How do I know it's a real gun?" here in TheHighRoad.org archive, you'll LOVE our community. Come join TheHighRoad.org today for the full version!
PT1911
March 19, 2009, 08:03 PM
to my knowledge, E-bay does not allow the sale of guns, so.. infer from that what you will...

PTK
March 19, 2009, 08:15 PM
Muzzleloading weapons aren't guns, Federally.

Lovesbeer99
March 19, 2009, 08:43 PM
Ok, but 2 things.
1. If it had a barrel then it would be a gun
2. I live in nj so I need a permit to buy a handgun. Does

Does this qualify?

PT1911
March 19, 2009, 08:47 PM
I dunno about NJ, but in alabama, a muzzel loader does not require paperwork (unless there is a manufacturer option of turning it into a single shot rifle), therefore, I doubt it would require a permit.

kingpin008
March 19, 2009, 09:16 PM
If it had a barrel then it would be a gun

Incorrect.

As PTK said, black powder guns do not qualify as "firearms" as far as Federal law is concerned.

Whether or not NJ feels the same way, however, is another story.

I suggest you do a bit of research in regards to how NJ classifies the sale of black powder items, and go from there.

Lovesbeer99
March 19, 2009, 09:36 PM
so if i lived in another state, then i could buy a blackpowder pistol or rifle on the internet and have it shipped to my house? no need for an ffl?

maybe i need to move. what's the most gun friendly state in the warmer side of this union?

tunnug
March 19, 2009, 09:39 PM
AZ, is 112 during the summer warm enough for you.

kingpin008
March 19, 2009, 10:01 PM
so if i lived in another state, then i could buy a blackpowder pistol or rifle on the internet and have it shipped to my house? no need for an ffl?

That is correct. Since they're not legally considered firearms, you can buy all you want and have them shipped right to your door, just like any other non-regulated item.

And as far as the NJ permitting situation goes, this is a quote directly from their FAQ page:

Q:How do you buy handguns, including bb, pellet, and black powder handguns.

A:A Permit to Purchase a Handgun must be completed on each handgun transferred in this state. It is the responsibility of the seller of the handgun to ascertain that the buyer has a valid Permit to Purchase a Handgun and one additional form of identification. The permit must be completed by the seller and buyer. It is the responsibility of the seller to forward the copies to the appropriate authority. Instructions are printed on the permit.

Which is interesting, because as stated, black powder firearms aren't considered firearms by the BATF. So, how can they (the NJ State Police) require you to procure a permit for a handgun before you buy one?

I'd really be curious to see a court case testing the legality of that one, if it hasn't been done already.

If you enjoyed reading about "How do I know it's a real gun?" here in TheHighRoad.org archive, you'll LOVE our community. Come join TheHighRoad.org today for the full version!