# Questions about legal process in buying a cap and ball?



## Alabama2220 (Jul 18, 2013)

Hey y'all.  I turn 18 soon and I'm already looking around at possible guns to buy.  However, how old do you have to be to buy a cap and ball revolver?  I've read that they technically aren't firearms but just wanted somebody to clear it up for me.  Looking at a remington 1858 .44


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## tv_racin_fan (Jul 18, 2013)

As far as I know there is no real age restriction. You might look on Cabelas or Bass Pro or some other websight to see if they have an age restriction.  It depends on your state as well and to be flat honest I do not know what the regs in GA are on that matter except that I have purchased them and had them shipped to my door both from an individual and from an FFL dealer.

I'd like to have one of the 5" barreled versions.


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## Alabama2220 (Jul 18, 2013)

Thanks for the reply tv.  The 5 in model does look nice without the standard long barrel(8 in?) on there. Anyways I still haven't found the laws for it in georgia, but so far I am assuming you only have to be 18.


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## TrailBlazinMan (Jul 18, 2013)

Muzzleloaders are held as an exception to most firearms laws. In GA you can order one and have it shipped to you.

The GA code you want is 16-11-article 4- part 5-172 and can be found here:
http://www.lexisnexis.com/hottopics/gacode/Default.asp

Here is a FAQ by ATF:
http://www.atf.gov/firearms/faq/collectors.html


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## stabow (Jul 18, 2013)

I have bought some at the larger outlet stores were you had to fill out all the paper work just like a modern gun but think it was due more to them not knowing what the - I AM A POTTY MOUTH -- I AM A POTTY MOUTH -- I AM A POTTY MOUTH -- I AM A POTTY MOUTH - they were doing.  Cabalas will ship straight to the house.


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## stabow (Jul 18, 2013)

I have bought some at the larger outlet stores were you had to fill out all the paper work just like a modern gun but think it was due more to them not knowing what the heck they were doing.  Cabalas will ship straight to the house.


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## Supercracker (Jul 18, 2013)

I got my Navy from Cabelas and had it shipped right to my house.


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## HandgunHTR (Jul 22, 2013)

Cap and Ball revolvers are not considered firearms unless you live in one of those commie states out West or North of here.

While technically it is legal for you to own one now, I would recommend waiting until you turn 18, if for no other reason than so you don't have to continually explain yourself to people who should know better (DNR, LEO, gun store owners, etc.).

I bought mine at the Cabelas in WV when I lived in Pittsburgh.  Took it off the shelf, went to the check-out, paid and walked out.


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## GunnSmokeer (Aug 9, 2013)

*Wrong.   Wrong,    wrong*

cap-and-ball or muzzle-loading revolvers might be considered as equal to modern cartridge firearms for the purposes of some laws, but not other laws.

Those federal laws about regulating the gun industry, banning interstate sales between private parties, mandating a Brady background check and a form 4473?  They don't apply to black powder replicas of ancient handguns.

HOWEVER,  other gun laws DO apply to any sort of gun.

The one about weapons in schools or on school property.

The one about convicted felons and people on felony probation.

The one about carrying guns without a permit away from your home, vehicle, or place of business.

And yes, the one about kids under age 18 possessing handguns, too.

Don't believe me?

First, look at the definition of a "handgun" as defined in O.C.G.A. 16-11-125.1


"As used in this part, the term:

   (1) "Handgun" means a firearm of any description, loaded or unloaded, from which any shot, bullet, or other missile can be discharged by an action of an explosive where the length of the barrel, not including any revolving, detachable, or magazine breech, does not exceed 12 inches; provided, however, that the term "handgun" shall not include a gun which discharges a single shot of .46 centimeters or less in diameter."

Did you see the part about "firearm of any description" ?   Anything with a barrel that throws a missile by action of an explosive.

Now, look at the law that generally bans anybody from selling, giving, or otherwise supplying a handgun to a kid under 18 years:


"O.C.G.A. § 16-11-101.1
Furnishing pistol or revolver to person under the age of 18 years

(a) For the purposes of this Code section, the term:

   (1) "Minor" means any person under the age of 18 years.

   (2) "Pistol or revolver" means a handgun as defined in subsection (a) of Code Section 16-11-125.1."


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## The Longhunter (Aug 9, 2013)

Gunnsmokeer is absolutely correct.  There are two definitions of "firearms" and they are different -- the federal one that most applies to sales of same, and the Georgia one, that applies to owning and carrying one.  

For example, federal law does not prohibit felons from owning or carrying a BP gun, Georgia law does.  I guess that makes Georgia one of those commie states.


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