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In reply to the discussion: 13-Year-Old With Replica Gun Shot By Baltimore Police Officers [View all]beevul
(12,194 posts)103. Percussion cap revolvers for example.

I maybe mistaken, but My understanding is that they're legal, even for felons, because they're not legally considered firearms.
The Gun Control Act of 1968 (GCA) prohibits felons and certain other persons from possessing or receiving firearms and ammunition (prohibited persons). These categories can be found at 18 U.S.C. § 922(g) and (n) in http://atf.gov/publications/download/p/atf-p-5300-4.pdf. However, Federal law does not prohibit these persons from possessing or receiving an antique firearm. The term antique firearm means any firearm (including any firearm with a matchlock, flintlock, percussion cap, or similar type of ignition system) manufactured in or before 1898. The definition includes any replica of an antique firearm if it is not designed or redesigned for using rimfire or conventional centerfire fixed ammunition, or uses rimfire or conventional centerfire ammunition which is no longer manufactured in the United States, and which is not readily available in ordinary channels of commercial trade. Further, any muzzle loading rifle, shotgun, or pistol which is designed to use black powder or black powder substitute, and which cannot use fixed ammunition, is an antique firearm unless it (1) incorporates a firearm frame or receiver; (2) is a firearm which is converted into a muzzle loading weapon; or (3) is a muzzle loading weapon which can be readily converted to fire fixed ammunition by replacing the barrel, bolt, breechblock, or any combination thereof. See 18 U.S.C. § 921(a)(3), (a)(16). Thus, a muzzle loading weapon that meets the definition of an antique firearm is not a firearm and may lawfully be received and possessed by a prohibited person under the GCA.
My question is how could an air rifle be considered legally a firearm, if a percussion cap revolver is not.
I am not aware of any federal law on air rifles, or the ATF having any jurisdiction over them, which is why I enquired.
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You mean did the officer have to have license? Yes and the same for a background check.
cstanleytech
Apr 2016
#49
The case will be decided years hence and may have little to do with the facts. Sorry, that happens.
mpcamb
Apr 2016
#66
The replicas look just as real...my point was more parents might want to keep real looking guns..
EX500rider
Apr 2016
#20
I've seen some of those replicas. They're virtually identical to real pistols.
Francis Booth
Apr 2016
#24
Hell no, that wasn't my meaning at all. They shouldn't use deadly force until it's clear it's
Francis Booth
Apr 2016
#30
I think the burden of risk should be on the police. They signed up for it when the put on the badge
Francis Booth
Apr 2016
#100
"I think the burden of risk should be on the police. They signed up for it"
Angel Martin
Apr 2016
#104
Police are unique. We give them guns. We give them body armor. We give them the power
Francis Booth
May 2016
#105
Assuming the article is accurate he still had the supposed "gun" in his hand thus
cstanleytech
Apr 2016
#51
Thank you. Apparently in the minds of some who weren't there, the cop should have intuitively
raccoon
Apr 2016
#87
Well its a good idea but you just know there will be some idiots who will spray paint them to make
cstanleytech
Apr 2016
#54
I wouldnt object to them doing that but again you then run into the 2nd amendment issues
cstanleytech
Apr 2016
#61
"I also hope he recovers and that an investigation into the shooting happens." Agree 100% there. nt
cstanleytech
Apr 2016
#55
Better to more accurately read the hour, and so advise ourselves and our children . . .
Journeyman
Apr 2016
#11
Thats only if the kid actually held onto it, if he did then my money is on the officer probably
cstanleytech
Apr 2016
#58
The harm is potential harm to others from a handgun after being given a lawful order to stop.
jtuck004
Apr 2016
#56
It's not logic, it's black-letter law. He was given an order to drop the weapon. He got shot for
jtuck004
Apr 2016
#89
"Has committed a felony involving the use or threat of deadly forc" The moment he refused to
jtuck004
Apr 2016
#98
A pretty good bet especially given that as of the 2010 census 63.7% of the population was.
cstanleytech
Apr 2016
#68