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Simple Question, I hope.....

Discussion in 'Firearm Laws & Legal' started by Mikej, Apr 9, 2016.

  1. Mikej

    Mikej Portland Gold Supporter Gold Supporter 2015 Volunteer 2016 Volunteer

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    Is it legal to sell a replica percussion pistol without a back ground check?

    Sorry if I appear too lazy to look it up myself. Reading pages of legal gobeldy-goop to find the one pertinent sentence is too difficult for this brain it appears.

    Many thanks in advance!
     
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  2. Joe13

    Joe13 NW of Vancouver Opinionated & Blunt Bronze Supporter 2015 Volunteer 2016 Volunteer

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    Replica as in not authentic or as in non a working gun?

    If it's the first then the C&R will have to chime in cuz I'm too lazy to go find it too:D:p.

    If it's a non working gun then no but I'm guessing you knew that.
     
  3. Mikej

    Mikej Portland Gold Supporter Gold Supporter 2015 Volunteer 2016 Volunteer

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    She's a worker! Shooter. Talkin' Uberti, etc.
     
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  4. Velzey

    Velzey Estacada, Oregon Gunsmith Gunsmith Bronze Vendor Bronze Supporter

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    This is a list of black powder firearms that do require a background check.

    As to your bp pistol, no, no check needed!
    I will add that some gun stores dont care if its black powder or not, and they will do a check on you!


    Savage Model 10ML (early, 1st version)

    Mossberg 500 shotgunwith muzzle loading barrel

    Remington 870 shotgun with muzzle loading barrel

    Mauser 98 rifle with muzzle loading barrel

    SKS rifle with muzzle loading barrel

    PB sM10 pistol with muzzle loading barrel

    H&R/New England Firearm Huntsman

    Thompson Center Encore/Contender

    Rossi .50 muzzle loading rifle
     
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  5. AndyinEverson

    AndyinEverson Everson, Wa. Well-Known Member

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    If it is a "traditional" style muzzleloader , not a modern in line , or a modification to a modern gun , but a antique or replica thereof , then no you do not need a background check.
    At least in Washington state and many others , not sure about Oregon ...
    But as said above some stores will do so regardless.
    Andy
     
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  6. Mikej

    Mikej Portland Gold Supporter Gold Supporter 2015 Volunteer 2016 Volunteer

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    Thanks Velzey!
     
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  7. TCOV

    TCOV OLYMPIC PENINSULA Active Member

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    Still not legal in WA for a prohibited person to possess.
     
  8. Joe13

    Joe13 NW of Vancouver Opinionated & Blunt Bronze Supporter 2015 Volunteer 2016 Volunteer

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    That would fall in the shoulders of the person purchasing the gun...
     
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  9. TCOV

    TCOV OLYMPIC PENINSULA Active Member

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    Correct.
     
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  10. Bealzybub

    Bealzybub Portland Bronze Supporter Bronze Supporter

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    I bought a .577 Snider at Cabelleros, looks like new. Authentic piece. They tried to make me fill out a 4473. I told em if they payed for the bgc I'd fill out the 4473 and if it came back delayed I was taking the rifle anyway. Shoulda seen the looks on their faces, lol ..................

    004.JPG
     
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  11. Sgt Nambu

    Sgt Nambu Oregon Bronze Supporter Bronze Supporter

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    Hoo boy, that has a big hole on the business end! Nice looking rifle, bub!
     
  12. Bealzybub

    Bealzybub Portland Bronze Supporter Bronze Supporter

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    Thank you very much. I was looking at old Charleville muskets then a couple 1795's. Even re-pro's were 8-9 hundred. When I saw this at half that being on original........ Well, I just got lucky. You can hardly get a beat up Nepal for what I got this for. ;)
     
  13. ocarolan

    ocarolan Portland, Oregon Well-Known Member

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    This was discussed last month. Technically, there is no exemption for replica firearms (qualified 18 U.S.C. 921) under the new SB941 in Oregon.

    However, the new act neglected to expand ORS 166.434 to replica firearms. So there is no state agency to conduct such a background check. This appears to be a Conflict of Laws.

    https://www.northwestfirearms.com/threads/pre-1899-gun-for-sale.216782/#post-1421883

    As mentioned, federally there is no background check requirement for qualified antiques and replicas under 18 U.S.C. 921. However, only certain statutes of state law exempt replica firearms. For Oregon, these are listed in ORS 166.460. Notably SB941, ORS 166.270, and portions of ORS 166.250 are not exempted.
     
    Last edited: Apr 15, 2016
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  14. Bealzybub

    Bealzybub Portland Bronze Supporter Bronze Supporter

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    There is no requirement for a background check on a black powder pistol or rifle period. A "Replica" of an M1 Garand would require a background check. A "replica" of a pistol or rifle that is exempted from background checks are, well, you get it................. You can go order a black powder gun from Cabelleros and they can send it right to your door. Caveat, someone mentioned modern inlines, I do not know if the regular black powder rules apply there.