Selling antique muzzleloader in Western NY. Do I need to go through a dealer? About how much should I be asking for? Gun details in thread.

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Ron Telford

32 Cal
Joined
Oct 21, 2022
Messages
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Location
Corning NU
I’m interested in selling a Carl Heiser Austrian Lorenz muzzle loader and bayonet from around 1859. It’s in good shape and clean.

Do I need to go through an unofficial dealer?

About how much $
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should I be looking for?

Thank you for any and all help!
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Under the United States Gun Control Act of 1968, any cartridge firearm made in or before 1898 ("pre-1899") is classified as an "antique", and is generally outside of Federal jurisdiction, as administered and enforced by the Bureau of Alcohol, Tobacco, Firearms and Explosives (BATFE).

That being said, state and local laws can be more restrictive. As mentioned before, it may not hurt to check locally.

I live in Illinois and we have some very strick gun laws due to idiots in Chicago (thugs and politicians). Your gun being made before 1898 can be shipped person to person with no dealer required in Illinois.

Locally, Dealers charge $30 as a handling fee in addition to packaging and shipping cost.
 
https://www.nraila.org/gun-laws/state-gun-laws/new-york/

" NY Penal Law § 265.00(3). An "antique firearm" is defined as any unloaded muzzle-loading pistol or revolver with a matchlock, flintlock, percussion cap, or similar type of ignition system, or a pistol or revolver that uses fixed cartridges that are no longer available in the ordinary channels of commercial trade. NY Penal Law § 265.00(14). A license is not required to possess, collect or carry an unloaded antique firearm."
 
you do need to go through a f.f.l. nothing is exempt in n.y. now [ not even muzzle loaders or antiques] . lots of dealers dont even know about it. as it is state not federal law so a.t.f. does not send out any info on this to the dealers. save yourself some grief do it right. and yes they do a nics check, i have heard that is is going to be done by the state police in the near future. GET EVERYONE YOU KNOW out TO VOTE, OR IT WILL GET WORSE HERE. SHE HAS GOT TO GO. also need a licence for ANY semi auto rifle now in n.y.
 
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Midway was still able to ship my kit without going through a ffl, but that's not concrete. I asked NYSRPA but they didn't get back to me, might be worth bugging them. And yes I am a member of NYSRPA, I just think they don't have time for the likes of us.
 
As a former NYS resident, my advice: You are in NY. Cover your butt and use an FFL. You don't need one to ship it, but you should require the buyer receive it through one if he is also in NY. The few extra $$ is cheap insurance against any legal trouble you may encounter. NY is too messed up at this time to take the risk.

If you are selling it out of state, don't worry about it.
 
As a former NYS resident, my advice: You are in NY. Cover your butt and use an FFL. You don't need one to ship it, but you should require the buyer receive it through one if he is also in NY. The few extra $$ is cheap insurance against any legal trouble you may encounter. NY is too messed up at this time to take the risk.

If you are selling it out of state, don't worry about it.
Thanks. That’s what I’ll do.
 
you do need to go through a f.f.l. nothing is exempt in n.y. now [ not even muzzle loaders or antiques] . lots of dealers dont even know about it. as it is state not federal law so a.t.f. does not send out any info on this to the dealers. save yourself some grief do it right. and yes they do a nics check, i have heard that is is going to be done by the state police in the near future. GET EVERYONE YOU KNOW out TO VOTE, OR IT WILL GET WORSE HERE. SHE HAS GOT TO GO. also need a licence for ANY semi auto rifle now in n.y.
According to my sheriff's dept, this statement isn't accurate. Muzzleloaders are not covered in the SAFE as requiring an FFL transfer. Not even muzzleloading pistols. Muzzleloaders are prohibited for possession by felons, and under that circumstance considered a firearm. I've not seen another circumstance where they fall into the modern firearm category.
 
Midway was still able to ship my kit without going through a ffl, but that's not concrete. I asked NYSRPA but they didn't get back to me, might be worth bugging them. And yes I am a member of NYSRPA, I just think they don't have time for the likes of us.
Was that before or after September?
 
According to my sheriff's dept, this statement isn't accurate. Muzzleloaders are not covered in the SAFE as requiring an FFL transfer. Not even muzzleloading pistols. Muzzleloaders are prohibited for possession by felons, and under that circumstance considered a firearm. I've not seen another circumstance where they fall into the modern firearm category.
How recent is this information?
 
https://www.nraila.org/gun-laws/state-gun-laws/new-york/

" NY Penal Law § 265.00(3). An "antique firearm" is defined as any unloaded muzzle-loading pistol or revolver with a matchlock, flintlock, percussion cap, or similar type of ignition system, or a pistol or revolver that uses fixed cartridges that are no longer available in the ordinary channels of commercial trade. NY Penal Law § 265.00(14). A license is not required to possess, collect or carry an unloaded antique firearm."
This is 2017 information. A lot has changed in the last two months
 
My purchase was after September 1. Being a kit might be different.

Also I have purchased powder and no background check was required, yet background check is required for reloading supplies, this was at BassPro. I have not bought caps since that time, because they are constantly out of stock!

All in all it is a mess and none of us regular people know what is and is not allowed. Real good law there!
 
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