you're not gonna believe this, but 2 experienced attorneys who handle a lot of cases for the NRA, both said not to ship a CB BP gun to California. I think they are both wrong- perhaps they just don't have a lot of blackpowder gun law experience. The 2nd one is definitely wrong, because a blackpowder c/b revolver is exempt from being considered an "unsafe handgun"- due to its length, shot capacity (minimum 5 shot), and single action. The unsafe handgun CA laws seem to be made specifically to outlaw derringer type guns, or Saturday Night Specials, smaller than 7.5" total length, with less than 5 shot capacity. For some reason they are considering the BP CB gun a "firearm", like a modern centerfire gun- even though I quite specifically outlined cap/ball ignition/loose ball/powder/muzzleloader.
lawyer #1 said:
You can ship it to them if both of you have a C&R license, otherwise you need to use a dealer
lawyer #2 said:
To answer your question, No.
You cannot ship a firearm to a non-licensee in another state. You can ship the firearm via common or contract carrier to a FFL in another state. Federal law prohibits the transfer of a firearm between two non-licensees who reside in different states. A purchaser may obtain a firearm from an out of state source if an arrangement is made with an FFL in the purchaser’s state of residence and for the purchaser to obtain the firearm from the dealer. I would suggest against shipping this firearm into California.
California law prohibits the importation into the state for sale of an “unsafe handgun.” This firearm appears to fall into the classification, as it does not meet the curio/relic exception of the “unsafe handgun” law.
now the kicker- lawyer #2 needs to read the laws a bit more- blackpowder pistols are exempt due to the following disclaimer on the "unsafe handgun" law-scroll to bottom of this link, single action- minimum 5 shots- longer than 7.5" overall, is exempt from "unsafe handgun" category
http://caag.state.ca.us/firearms/dwcl/12125.htm
12133.
(a) The provisions of this chapter shall not apply to a single-action revolver that has at least a 5-cartridge capacity with a barrel length of not less than three inches, and meets any of the following specifications: (1) Was originally manufactured prior to 1900 and is a curio or relic, as defined in Section 478.11 of Title 27 of the Code of Federal Regulations.
(2) Has an overall length measured parallel to the barrel of at least 7 1/2 inches when the handle, frame or receiver, and barrel are assembled. (3) Has an overall length measured parallel to the barrel of at least 7 1/2 inches when the handle, frame or receiver, and barrel are assembled and that is currently approved for importation into the United States pursuant to the provisions of paragraph (3) of subsection (d) of Section 925 of Title 18 of the United States Code. (b) The provisions of this chapter shall not apply to a single-shot pistol with a barrel length of not less than six inches and that has an overall length of at least 10 1/2 inches when the handle, frame or receiver, and barrel are assembled.
I'm not a lawyer, but I did have one year of business law back in college. I can read most laws and interpret/decipher them.
Why is it so hard to get a definite answer from someone in the legal profession on this issue ? They seem to know less about it, than gun shops and shooters do. Heck, I can look it up and get more accurate information in a few hours. Something just ain't right here.
Why are they considering a CB BP pistol, a "firearm" in the first place ? Federal law doesn't consider it a firearm, neither does CA law, unless it is modified for modern ammunition, or loaded when sold. Unless a "replica" of modern manufacture, is now considered a firearm in CA.
Now I know why some places are just saying "no sales to California"- it's too much of a hassle, and tied up in legal-ese.