BP Revolver Background check

[blacksmithman64]

I'm going to a gun show next weekend to mebbe get a revolver. Is there a BG check and if so what do I need to expect or take with me? Thanks!

 

[bingo1952]

Never had to have one here in NC but laws do vary from state to state. If you do have to get one I would carry at least two picture ID,s.

 

[Poor Private]

Some states require a pistol purchase permit. Thankfully Michigan is not one of them. All Michigan requires is that your over 18.

 

[Mulebrain]

Depends on the state!

Here in FL, there is none! Now in Illinois yes!

You need to check your local laws, but should not be a problem!

You on the run? :grin:

 

[blacksmithman64]

:haha: No, just never had to get a background check before. Never bought a gun from a dealer or a show.

 

[Raider2000]

For muzzle loading firearms & C&B revolvers Virginia only requires that you be 18 years old but like others have said laws are different from state to state, so bringing 2 forms of ID is a good idea.

 

[BEP]

Some states require a pistol purchase permit. Thankfully Michigan is not one of them. All Michigan requires is that your over 18.

PP - Just so you know, our home state is a lot stricter than that. Having a FFL license, I just got the latest copy of the ATF's "State Laws and Published Ordinances: Firearms
in the mail.

First, some definitions:

28.421. Definitions. As used in this act:

(b) "Firearm" means a weapon from which a
dangerous projectile may be propelled by an explosive, or by gas or air. Firearm does not include a smooth bore rifle or handgun designed
and manufactured exclusively for propelling by a
spring, or by gas or air, BB's not exceeding .177
caliber.

(e) "Pistol" means a loaded or unloaded firearm
that is 30 inches or less in length, or a
loaded or unloaded firearm that by its construction and appearance conceals it as a firearm.

So, if it uses an explosion to push a bullet downrange, it's a "firearm" by definition. And if it's less than 30 inches, it's a pistol.

Second,here's what it takes to purchase a pistol in Michigan:

28.422. License to purchase, carry, or
transport pistol; issuance; qualifications; applications; sale of pistol; exemptions; basic
pistol safety brochure; forging application;
implementation during business hours.

(1) Except as provided in subsection (2), a
person shall not purchase, carry, or transport a
pistol in this state without first having obtained a license for the pistol as prescribed in this section.

And subsection(2), referred to above merely states:
"(2) A person who brings a pistol into this state
who is on leave from active duty with the armed
forces of the United States or who has been discharged from active duty with the armed forces
of the United States shall obtain a license for the pistol within 30 days after his or her arrival in this state."

So black powder pistols do require a permit to purchase in Michigan. I thought that you'd like to know. Well, maybe not "like". And I'm not particularly proud of our state for requiring this. Merely pointing something out.

sneezy

 

[rafterob]

Is there an exemption clause somewhere for replica or antique firearms? That is often the case.

 

[BEP]

Is there an exemption clause somewhere for replica or antique firearms? That is often the case.

Glad you asked. You made me dig deeper, and I found the following info; the above does not apply to pistols "kept as relics or curios not made for modern ammunition or permanently deactivated." Section 28.42, paragraph 7.

So, my original post above was incorrect (read "wrong") as it applies to buying a black powder muzzleloading pistol in Michigan. And my sincere apologies to Poor Private.

sneezy

 

[BenCoogle]

Well, I guess that means potato guns are illegal too! :barf: Ben

 

[snhawk]

I am new to black powder revolvers so this may be a ignorant question. If I sell a black powder revolver to a person in another state could I be prosecuted in that state if I unknowingly were to break a state law. Isn't it the responsibility of the purchaser to observe his state laws? I speak only of local and state laws, not ATF.

 

[mykeal]

Sneezy - well done. You are a gentleman.

snhawk - welcome to the forum. It depends on where you consumated the transaction. If you were in his state, you have to abide by his state's laws, and in that case, no, it's not his sole responsibility. If you are in your state, his state laws don't apply to the transaction, but he might be liable for illegal possession when he returns home; both of you would be responsible for abiding by the laws of your state regarding the transaction.

 

[Poor Private]

Sorry Sneezy your wrong.
HB 5427, HB 5428, HB 5429 signed into law:
Antique gun collectors will not need a license or safety inspection for thier old weaponry. The three bill package is intended to clear up a confusion for retailers about how to apply the requirement for a license and saftey inspection to antique firearm purchases. The new laws eliminate the need for a license or safety inspection for pistols made before 1898 and replicas of antiques that use black powder or obscure calibers.
Check out www.legislature.mi.gov/mileg.asp?page=bills
this was also reported in the Volumn One/Issue Two/2004 of the G.L.S.S.A. page 4 under the "Legislative News header" "Antique Firearm Bill signed into Law!" this is a 4 pargraph explanation of Public Acts 99-101.
I have purchase several BP pistols, and BP longuns while only using my Drivers License. I have had several BP weapons shipped to me at my house with nothing more than a over 18 check.
And believe it or not our current Governor Granholm was the one who signed these bills.
I keep a copy of these on the shelf on my conputer desk along with the one stating that you don't have to bring your firearm back for a saftey inspection after purchase (which I can't put my hands on right now). but will as soon as possible. I think I found the correct one here on my desk. It is Public Act #195 of 2008 approved by the Governor July 10,2008 and an effective date of Jan 7, 2009.

 

[blackpowder shooter]

Here in New York state, If you have all the components required to fire the pistol it has to be on a permit. Once a blackpowder pistol is put on a permit, it can only be sold to another permit holder.

 

[torn moc]

yes....new york stinks!still run by idiots...
although they ar not brits anymore...they all need their Hair lifted.

 

[Zoar]

Yes, however, you can buy and sell black powder pistols in NY State as long as you do not have all the components to shoot said pistol. In other words if you had a 50 caliber black powder rifle and all the fixings and you had a 58 caliber black powder PISTOL but did not have balls for 58 caliber any good lawyer could get you off. Quite frankly when it comes to black powder pistols and the fixings it is a bit of one of those not really enforced laws. Unless you are drug dealing or have plans on your computer showing you intend to enter a bank with a 50 caliber flintlock pistol to rob it... there are not many sheriffs in NY State who are going to search through your ammo/powder draws and try to find all the fixings for your black powder pistol.

Quite clearly, however, it is 100% LEGAL to buy and/or sell Black Powder Pistols in NY State WITHOUT any pistol permit. Just don't shoot them. And for cripe sack, if you intend to rob a bank with a flintlock pistol, please wear a pirate patch and a red bandana and have your peg leg on. Jeeepers.

By the way, I LOVE NY (State). Although I have observed alot of hysteria and anti-NY sentiments... Not all certainly but so much seems to be by some people who have not lived here or if they live here would complain about anything anyway. Some people just seem to love to complain.
NY (State) has been very good to me! :grin:

I notice the original post is from Northwest Territories. I do not know which state in particular, but I would 90% guess that NO background check would be need for Black Powder pistol purchase.

 

[blacksmithman64]

Zoar, the old northwest territory refers to Ohio. :grin: I'm surprised that all the ohio boys on here haven't offered up a reply.So far I know how to get a pistol in Michigan and NY! :haha:

 

[Zoar]

Hahaha! Yes, at least some of us pay attention to our state laws I guess.

 

[bwhoffman]

and then, regardless of the individual state policies, there is also the policy of the individual seller/dealer....whom may require it period. just to cover his rear just in case.

seen it before!

 

[Claude Mathis]

I am new to black powder revolvers so this may be a ignorant question. If I sell a black powder revolver to a person in another state could I be prosecuted in that state if I unknowingly were to break a state law. Isn't it the responsibility of the purchaser to observe his state laws? I speak only of local and state laws, not ATF.

I'd like to caution the members not to rely on "legal advice" obtained from this forum. You need to contact an attorney or the proper authorities.