Mail order sale of black powder revolver. Covering myself legally?

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Tallbald

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I have a Ruger Old Army I may be selling, with a listing here and on another enthusiast forum. I'm in Kentucky and there's no problems I know of in my home state mailing and receiving a black powder revolver. But how do you make sure you aren't breaking any laws if a buyer is in another state? Some states treat BP guns as regular firearms I know. Age of buyer issues? Things like that?
I'd appreciate advise. Thanks. Don
 
I would do a little research and see which states are an issue and simply don't sell there.

Interested in it when you do sell, md sucks but they don't mess with bp yet.
 
Most of the time the seller has a blurb stating that the buyer is responsible for compliance with their state and local laws.
AFAIK, there are no federali laws against it (yet), but I'm not a lawyer, and proud of it. :p
 
You said "mail." You cannot legally use the US Post Office to mail an antique firearm or replica of an antique, unless you have some specific paperwork, which is usually held only FFLs. Shipping by Fedex or UPS is different, although it is common to encounter shipping clerks who do not know the rules.
 
" You cannot legally use the US Post Office to mail an antique firearm or replica of an antique..."

ROA is a black powder gun, not a firearm as far as the feds are concerned. Mail them via USPS to your hearts content.
 
ROA is a black powder gun, not a firearm as far as the feds are concerned. Mail them via USPS to your hearts content
That is wrong. Check the Postal regulations, which you can find by googling. Years ago, anyone could mail an antique or replica antique firearm, but new regs implemented several years ago completely changed that for any handgun. Today, most people cannot legally use the US mail to ship an antique or replica handgun.
 
Sorry but no, I'm right per USPS regs. A BLACK POWDER hand gun is not a firearm according to the BATFE nor the USPS. Read the regs, I have. How do you think Cabela's mails BP pistols to their customers?
 
Yes you can put a black powder gun in the US Mail. Now back to your original question.
As stated earlier let it be on the buyer. NY, NJ Hawaii and CA are not places to ship to with out having to jump through hoops. There may be others.
 
Yes you can put a black powder gun in the US Mail. Now back to your original question.
As stated earlier let it be on the buyer. NY, NJ Hawaii and CA are not places to ship to with out having to jump through hoops. There may be others.

Not true.

Black powder stuff like this is not an issue in CA. It sits on the shelf at Bass Pros etc and is bought and carried out the door with out any BGC etc.

CA doesn't have a problem with pellet guns either; unlike NJ on both accounts (and maybe the other places too?)
 
Just post in your listing that you will comply with relevant state law. I sold an ROA last year to a buyer in Illinois, and made arrangements to ship to an FFL. Buyer was fine with that.

Tip: Look at any of the online retailers who sell black powder pistols. They will have a notice that identifies the states that have legal requirements. You can then check the state-specific regulations. That's how I knew that the ROA had to go to a dealer in Illinois.
 
Can't mail a black powder revolver in the USPS?

I just did it. No problems.

I had the guy mail me a copy of his driver's license with some of the numbers blacked out, for his security, just his name and DOB were visible. I go to the Cabela's web site and see what state they list as a problem.

http://www.cabelas.com/product/shooting/firearms/black-powder-firearms/black-powder-revolvers|/pc/104792580/c/553829580/sc/571854780/i/567338580/pietta-model-new-army-caliber-black-powder-revolver/731695.uts

Scroll down and see the yellow boxes where it lists the states. If Cabela's has a problem with mailing it then I have a problem mailing it also.
 
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There seems to be some confusion about whether the US mail can be used to ship certain firearms, including antiques or black powder guns. I have been hoping that by now someone would have provided a detailed discussion of postal regulations on the subject, but that has not occurred yet, so I will give it a try.

First, the USPS has its own definitions regarding firearms and the mail, so definitions from ATF or other sources should not be relied on unless the USPS uses definitions from those sources.

USPS definitions can be seen here:
http://pe.usps.com/text/pub52/pub52c4_008.htm

A firearm as defined in section 431.1 is “any device, 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….” That same paragraph has an exemption for antiques, but note that antiques are not exempt if they meet the USPS definition of a handgun.

Section 431.2 defines handguns like this, “Pistols, revolvers, and other firearms capable of being concealed on the person (for example, short-barreled shotguns and short-barreled rifles) are defined as handguns.”

Section 431.3 defines antique firearms. Note that nothing says that an antique firearm is not a firearm. Nothing says that a black powder firearm is not a firearm. In fact the Post Office definition of antique firearms is not used for very much in other parts of the regulations.

Post Office regulations about what can be mailed are listed here:
http://pe.usps.com/text/pub52/pub52c4_009.htm

Section 432.2 says, “Handguns and other firearms capable of being concealed on the person are nonmailable unless mailed between the parties listed in this section….” The listed parties who are allowed to mail handguns are basically FFLs, licensed manufacturers, some government agents, and some museums. One unique exception is that C&R licensees can mail C&R guns between themselves if the C&R gun also meets the USPS definition of an antique. Note that the quoted language refers to mail “between” parties, which means that an acceptable party must be at both ends of the shipment.

The OP asked about mailing a Ruger black powder handgun which is basically a generic replica of a 19th century revolver. Others have commented that they have sent or received black powder guns by US mail. As I read the postal definitions and regulations, if you are not one of the allowed parties listed by the USPS, then you are prohibited from sending or receiving by US mail any handgun, regardless of how old it is and regardless of the type of powder it is designed to use. Under USPS definitions, an antique handgun is still a handgun and a black powder handgun is still a handgun, and most of us are prohibited from using the mail for any handgun.
 
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