Ownership Restrictions

The purchase, ownership, and sale of muzzle loading guns (including cap and ball revolvers) isn't prohibited by Federal law. The Federal law of importance was enacted in 1968. But there are State laws regarding age and other issues.

Two generations ago there wasn't any regulation on the ownership of guns. Now nearly all Americans live in densely populated urban areas. More family members are killed by guns than burglars. The laws didn't change as much as the circumstances. Minors may no longer own guns, nor have unsupervised access.

Muzzle loading guns and cap and ball revolvers are unsuitable for protection because of misfires. And there are criminal penalties and civil liabilities for minors having access to loaded guns of any kind.

Two generations ago the police were not as pressed as today. Now, from a safe distance, they can't tell an unloaded Civil War replica from a loaded modern gun. Keep all guns locked up where others can't get to them.

The big distinction on gun sales is in the 1968 Federal Firearms Act. All modern guns made after 1898 when transferred across State lines must be sent through a Federal Firearms Licensed (FFL) Dealer in the buyer's state (and frequently sent through an FFL Dealer in the seller's state). For information about which antique guns were made after 1898 and therefore within the controls of Federal law, consult "Flayderman's Guide To Antique American Firearms" by Norm Flayderman.

The 1968 law as interpreted by the Federal Government excludes the application of the law to muzzle loaders including cap and ball revolvers. But there are State laws with felony penalties for illegal sales or ownership. The most common issues in the State restrictions are:

• Age
• Prior conviction for violence or felonies
• Domestic restraining orders

If a friend is subject to a domestic restraining order, keep cool and offer to immediately store the guns. Some domestic restraining orders were vindictively or maliciously sought. When the divorce is over, there is no need to have suffered the financial loss and emotional degradation of having to sell the guns under pressure.

The ownership restriction laws require interpretation on details. Consult a local FFL Dealer near you or the regulations of the Federal [Bureau of Alcohol, Tobacco and Firearms (BATF)].