Lakewood, CA asked in Civil Rights and Gov & Administrative Law for California

Q: do you need an fsc to buy a black power weapon in Ca or do you need an permit form the atf TO PURCHASE A ANTIQUE WEAPON

1 Lawyer Answer
James L. Arrasmith
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Answered

A: In California, purchasing a black powder weapon typically does not require a Firearm Safety Certificate (FSC), as these types of firearms are often considered antiques or replicas not subject to the same regulations as modern firearms. However, it's important to note that local laws and regulations can vary, and certain restrictions may apply depending on the specific characteristics of the weapon.

For antique firearms, including black powder weapons, federal law generally exempts them from the regulations that apply to more modern firearms. This means that an ATF (Bureau of Alcohol, Tobacco, Firearms and Explosives) permit is usually not required for the purchase of an antique weapon. However, California law defines an "antique firearm" as one manufactured prior to 1899, or a replica thereof that is not designed to use rimfire or conventional centerfire fixed ammunition.

It's crucial to remember that while these general guidelines apply, there are exceptions and specific circumstances that could alter the legal requirements. Therefore, it is advisable to consult with an attorney or a legal expert familiar with firearms law for guidance tailored to your specific situation. Additionally, checking with local law enforcement or a knowledgeable firearms dealer can provide further clarity on the requirements for purchasing and owning a black powder or antique weapon in California.

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