Why Doesn't Cabela's Ship BP guns?

Status
Not open for further replies.
That felon is the reason why I trashtalk the small minds who say anyone can just get out of prison, buy black powder guns, and be just fine legally. No, you can’t do illegal things and hide behind technicalities to make them legal. It didn’t work for him or anyone else, and all it does is sour the public opinion of blackpowder guns. In my state, blackpowder revolvers are not legally firearms, but they ARE legally handguns, and have the same legal status as any Glock.
 
I have a couple of questions,
1. since it is legal to ship BP firearms to Ohio, and there is no Background check required for BP either walking into a store or via mail, how exactly "should the employee have known they were violating state law by selling to a felon? Brady Lawyer argument - "that store employees should have known they were violating state law against selling guns to a prohibited firearm possessor when they sold a replica 1858 Army .44-caliber black powder revolver "

2. If a felon walks into a store in Ohio and buys a BP gun, what is the employee supposed to do, refuse to sell because he "looks like a felon"? How does he make him prove he is not? What if refuses to sell, and he is not, and then calls in his lawyer due to stereotyping or some other protected class violation? Which is the bigger lawsuit?

Everyone knows (or should) that criminals tend not to follow the law, and some may even fib a little. The crime was committed by the felon, who knowing he was not allowed to do so, bought a BP firearm, not the store employee who sold a BP gun, to a guy that wanted to buy one.

I wonder sometimes when we are going to put the blame and restrictions on the ones that break the law, and not the law abiding citizens.

I'll shut up now and hope I didn’t violate any rules. Feel free to delete this post if I did. Sorry.

d
 
Last edited:
You make good points webrx and there is no way that Cabelas could have known the buyer was a felon. But Cabelas/Bass Pro have deep pockets and that puts them square in the sights of an ambulance chasing lawyer. Just like all the day time TV ads about suing someone for some perceived wrong like the suit against Johnson&Johnson for baby powder and against Monsanto(?) the makers of Roundup weed killer. Its the "Lets Sue Somebody" mentality that seems to run the world these days.
 
Howdy

Cabelas is a big outfit. All big outfits have lots of lawyers. Long before that incident happened in Ohio Cabelas stopped shipping ammunition and ammunition components to the Land of the Pilgrims because of some new restrictive gun laws here. Although I was not happy about it, I understand what their lawyers make them do, so they don't get sued out of business.
 
I think at the present time Cabelas, and Bass pro don't have any BP pistols to sell, "as none in stock". I have puchased a couple thru the mail in early 2020 from Cabelas.
By the end of the year they could not sell any , and they still don't have any.
The covid pandemic has hit the Italian manufacturers real hard.
Dave
 
Years ago I bought a 1858 and a conversion cylinder from them via mail, they came in together, same box. I remember thinking this mailing of BP guns want last a lot longer in today’s world, that was probably a decade ago.

It seems I beat them to it, the other thing I remember was the oddity that the conversion cylinder cost slightly more than the 58.
 
Years ago I bought a 1858 and a conversion cylinder from them via mail, they came in together, same box. I remember thinking this mailing of BP guns want last a lot longer in today’s world, that was probably a decade ago.

That's Federal law. With the Cap & Ball cylinder in place in a Cap & Ball revolver, it is an antique, not a firearm. Shipping the conversion cylinder in the same box with the revolver, but not installed in the revolver makes the conversion cylinder a part. Completely legal. I had a similar situation when I had a conversion cylinder fitted to a Cap & Ball revolver at Taylors years ago. Both were shipped to me in one box, with the C&B cylinder installed in the revolver and the conversion cylinder in its own little box but in the same package as the revolver.
 
That's Federal law. With the Cap & Ball cylinder in place in a Cap & Ball revolver, it is an antique, not a firearm. Shipping the conversion cylinder in the same box with the revolver, but not installed in the revolver makes the conversion cylinder a part. Completely legal. I had a similar situation when I had a conversion cylinder fitted to a Cap & Ball revolver at Taylors years ago. Both were shipped to me in one box, with the C&B cylinder installed in the revolver and the conversion cylinder in its own little box but in the same package as the revolver.


Yeah I knew or I wouldn’t have done it, but I also knew the “right” people didn’t know and in The Information Age I knew it was just a matter of time.
I have wondered if a felon could possess a cap and ball with a conversion cylinder.
 
I was wondering how long it was going to take the antis to get around to BP revolvers, the low hanging fruit of BP, it is the camel’s nose
 
I just bought a Pietta NMA from Cabela's and had to have it shipped from Connecticut to the Ft Worth Tx store because per the Ft Worth website they were out of stock. And had been all summer. So when I went to pick up my gun the guy doing the transfer, yes its like a transfer because you have to fill out the "I'm not a felon" form asked me why I ordered in the gun when they had two in stock at the store?

I told him the website said they were OOS and tthat I had called the store TWICE in the last couple of weeks asking about them and the guys in the gun section told me they didn't have any. So if you want a BP gun from Cabelas you need to drive there and look for yourself. And I am pretty sure they will no longer mail order guns because they want the signed form from you stating you can legally own the gun. That form should take them out of all liability for the sale.
 
“We don’t want to see any other family endure such an avoidable tragedy,” said Brady attorney Sean Alto in a statement from the group. “Had better policies and procedures been in place, Bryan’s death could have been prevented.”

....and nothing, NOTHING, would prevent such a tragedy from reoccurring, and relieve the grief and despair felt by the family more than a suitcase full of cash (with 30%+ going to the plaintiffs attorneys of course).
 
“We don’t want to see any other family endure such an avoidable tragedy,” said Brady attorney Sean Alto in a statement from the group. “Had better policies and procedures been in place, Bryan’s death could have been prevented.”

....and nothing, NOTHING, would prevent such a tragedy from reoccurring, and relieve the grief and despair felt by the family more than a suitcase full of cash (with 30%+ going to the plaintiffs attorneys of course).

There ya go. And thats why Cabelas will never mail order guns again. Not Cabelas or Bass Pro because they are a target for a shyster lawyer looking for a payday. It has nothing to do with Cabelas now being owned by Bass Pro. They want a document you sign in person stating you are not a felon. That way they have a CYA paper on file.

This is pretty much what I stated in post #8.
 
That felon is the reason why I trashtalk the small minds who say anyone can just get out of prison, buy black powder guns, and be just fine legally. No, you can’t do illegal things and hide behind technicalities to make them legal. It didn’t work for him or anyone else, and all it does is sour the public opinion of blackpowder guns. In my state, blackpowder revolvers are not legally firearms, but they ARE legally handguns, and have the same legal status as any Glock.

But that classification of a cap-n-ball revolver is NOT true in every state...., ;)

What you are hearing is old law, still being repeated, because Socialist Damocrats don't care about factual accuracy.

Back in the 1990's, when I first started as an LEO, the fact that Convicted Persons including Felons, were prohibited from firearm possession, and the fact that cap-n-ball revolver repros were in the legal category of "antique firearms"...,convicted persons were not prohibited their use. Nor were they prohibited the use of muzzleloading rifle and shotgun repros that copied antique designs.

Because the legal threshold was at that time, and still is "Have you been convicted of any crime where you could have been sentenced to more than 12 months in prison?" This phrase includes misdemeanors that have a possible penalty of more than 12 months in jail, AND for folks living on the East Coast in one of the original 13 colonies such as Maryland where I am..., Common Law.

So fellows charged with Domestic Battery were constantly pleading guilty to the lesser charge of Common Law-simple assault, which only required the person "putting the victim in fear", not actually striking the victim. It wasn't a felony, and the judge would not give incarceration as a sentence...,

BUT the judge COULD HAVE given more than 12 months incarceration.:confused: Which meant that anybody who plead to this Common Law charge then lost the ability to legally buy a modern firearm, and had to surrender his already owned firearms to the court or to the police. :what:

So there were guys who had plead to this charge decades in the past, with the former wife now long gone, and had never been in trouble since, BUT they were limited to hunting with muzzleloaders and if they wanted a self-defense firearm they had to use some sort of black powder repro.

Well this changed when the Feds included that folks convicted of a crime where the sentence could be more than 12 months, cannot possess "ammunition or ammunition components". So possession of black powder or a substitute is a "component" as far as my state is concerned, and thus the updated Federal version of the law prohibits all those convicted of possession a loaded muzzleloader or cap-n-ball revolver. This doesn't stop a convicted criminal from using such a gun, but then again a lot of them are using air-soft handguns, so...,

So in every state..., the person who was convicted of a crime with a possible sentence of more than 12 months cannot possess the ammo nor ammo components. Period.

I know a few fellows who said, "I'll take my chances", and others who switched to bow-hunting, but the majority gave up their black powder stuff.

LD
 
Last edited:
My friend used to buy a lot of bp revolvers from Cabelas,so many, in fact, Cabelas notified BATF on him and they sent an agent to his house to try and find out why he was buying so many. He told them to take a hike (more or less).
 
My friend used to buy a lot of bp revolvers from Cabelas,so many, in fact, Cabelas notified BATF on him and they sent an agent to his house to try and find out why he was buying so many. He told them to take a hike (more or less).

That’s the best way to respond to folks whose job is finding reasons to jail you.
 
But that classification of a cap-n-ball revolver is NOT true in every state...., ;)

What you are hearing is old law, still being repeated, because Socialist Damocrats don't care about factual accuracy.

Back in the 1990's, when I first started as an LEO, the fact that Convicted Persons including Felons, were prohibited from firearm possession, and the fact that cap-n-ball revolver repros were in the legal category of "antique firearms"...,convicted persons were not prohibited their use. Nor were they prohibited the use of muzzleloading rifle and shotgun repros that copied antique designs.

Because the legal threshold was at that time, and still is "Have you been convicted of any crime where you could have been sentenced to more than 12 months in prison?" This phrase includes misdemeanors that have a possible penalty of more than 12 months in jail, AND for folks living on the East Coast in one of the original 13 colonies such as Maryland where I am..., Common Law.

So fellows charged with Domestic Battery were constantly pleading guilty to the lesser charge of Common Law-simple assault, which only required the person "putting the victim in fear", not actually striking the victim. It wasn't a felony, and the judge would not give incarceration as a sentence...,

BUT the judge COULD HAVE given more than 12 months incarceration.:confused: Which meant that anybody who plead to this Common Law charge then lost the ability to legally buy a modern firearm, and had to surrender his already owned firearms to the court or to the police. :what:

So there were guys who had plead to this charge decades in the past, with the former wife now long gone, and had never been in trouble since, BUT they were limited to hunting with muzzleloaders and if they wanted a self-defense firearm they had to use some sort of black powder repro.

Well this changed when the Feds included that folks convicted of a crime where the sentence could be more than 12 months, cannot possess "ammunition or ammunition components". So possession of black powder or a substitute is a "component" as far as my state is concerned, and thus the updated Federal version of the law prohibits all those convicted of possession a loaded muzzleloader or cap-n-ball revolver. This doesn't stop a convicted criminal from using such a gun, but then again a lot of them are using air-soft handguns, so...,

So in every state..., the person who was convicted of a crime with a possible sentence of more than 12 months cannot possess the ammo nor ammo components. Period.

I know a few fellows who said, "I'll take my chances", and others who switched to bow-hunting, but the majority gave up their black powder stuff.

LD

I recommend asking the Sheriff in your area, since they’ll be the ones authorizing warrants against you on the legal technicalities of your hobby. I consulted the Sheriff of my county who was very clear that blackpowder revolvers fall under the definition of a handgun as federally defined, even if they are not yet defined as firearms. Luckily for me, that means my CCW covers concealed carry of any black powder handgun. But it would be incredibly stupid for any of the excons I’ve known to start packing a hogleg under their jackets, and I tell them so directly from the source that would be rearresting them.
 
Status
Not open for further replies.
Back
Top