My local FFL told me that if the gun was shipped to his store he would have to log it in and charge me for the transfer. Hopefully I can get some clear direction from my local ATF tomorrow that I can pass on to the seller. My biggest gripe is having to pay an additional $50 if they will only ship to my FFL.
How is the FFL going to transfer the cap and ball pistol to you? Are they going to do a form 4473 and NICS background check? If they do, they are violating the law and subject to a $10,000 fine and loss of NICS privileges, ending their business as a firearms dealer. These actions amount to fraud (charging you for an illegal background check), using the NICS system to enable such fraud. Sources:
http://www.ecfr.gov/cgi-bin/text-id...3&tpl=/ecfrbrowse/Title28/28cfr25_main_02.tpl
http://www.law.cornell.edu/uscode/text/18/921
28 CFR 25.6 states:
(a) FFLs may initiate a NICS background check
only in connection with a proposed firearm transfer as required by the Brady Act. FFLs are strictly prohibited from initiating a NICS background check for any other purpose.
28 CFR 25.2 states:
Firearm has the same meaning as in 18 U.S.C. 921(a)(3).
28 CFR 25.11 states:
(a) State or local agencies, FFLs, or individuals violating this subpart A shall be subject to a fine not to exceed $10,000 and subject to cancellation of NICS inquiry privileges.
(2) State or local agencies', FFLs', or individuals' purposefully using the system to perform a check for unauthorized purposes;
Finally 18 USC 921 states:
18 USC § 921 - Definitions
(a) As used in this chapter—
(3) The term “firearm” means
(A) any weapon (including a starter gun) which will or is designed to or may readily be converted to expel a projectile by the action of an explosive;
(B) the frame or receiver of any such weapon;
(C) any firearm muffler or firearm silencer; or
(D) any destructive device.
Such term does not include an antique firearm.
(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 rimfire 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;