Transfer of an old rifle amongst relatives, across state lines?

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itgoesboom

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My stepfather has an original model 1873 trapdoor Springfield in .45-70 hiding under his bed. I am hoping at some point that he will allow me to take possession of this rifle, and display it within my home, in a manner fitting this old war horse. I even think this rifle might just have one more Bison hunt in her before retirement.

The catch is that he lives in California, and I live in Oregon. Now, I know that transfering of most firearms require going through FFLs, even amongst family if the family is in two states.

But does that apply to a rifle that was made prior to 1900? The rifle dates either to 1881 or 1887.

So before I ask him if I can have the rifle, I want to find out what the legality is of transfering it up here.

Thanks in advance.

I.G.B.
 
Is there ANY chance that the rifle is registered or should be registered in KA? Is registration of rifles required in Oregon? If "no", then just take the rifle and get on with it.
 
As far as the Federal Government is concerned...

A pre-1899 rifle is not legally a firearm. I forget the exact date; look it up on NRA-ILA web site. But your gun, from the 1880s is definitely early enough to be exempt.

A newer gun that does not use fixed-cartridge ammunition is not legally a firearm (usually muzzleloaders but also applies to cap & ball revolvers and early breechloaders that use loose powder or paper cartridges like an 1863 Sharps replica).

California does put further regulations on more recent C&R cartridge guns like Yugo SKS's and handguns. But CA exempts pre-1899 and muzzleloaders, same as the Feds do. I believe so does OR; check NRA-ILA and your state's own web site.

AFAIK, though, he can just ship it to you.
 
I think you are home free. The exact year of manufacturer can be determined by the serial number, but It was made before 1898 (which leaglly makes it an antique) and in theory if not practice should only be fired using black powder .45-70 cartridges, which are not "commonly available."

Unfortunately, Oregon is becoming more Leftist, but I don't think they passed any antique-control laws lately.
 
TITLE 18 - CRIMES AND CRIMINAL PROCEDURE
PART I - CRIMES
CHAPTER 44 - FIREARMS
Sec. 921. Definitions
(a) As used in this chapter -
...
(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; 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, breechblock, or any combination thereof.
 
Sheesh , as long as there are no registration paperwork on it , I would consider it a 'Don't Ask Don't tell ' Situation
 
I guess I'm just naive. I thought all federal gun laws came from taxing and interstate commerce authority. If I'm gifting a gun, even across state lines, and especially to a family member, what business of the federal government's is that?
 
Thanks everyone.

So it looks like it would be perfectly legal to box up, and take to the post office and send off to me. Am I right in that thinking?

Or I could just have him bring it up next month when he comes to visit.

I.G.B.
 
IGB;
By all means, have him bring it up.
The Kalifornu law has a great big gap, likely designed to catch people just like you, the no available ammo bit.
:eek: :barf:
 
In the case of that firearm the only limitation would be state law.

I should have a nice commission rifle coming straight to my door. :)
 
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