Gun Law Bleg

I’ve spent hours looking.  Lots of opinions and assertions from sellers but few citations.  Plus, retailing is not the same thing as manufacturing.  I also searched the NRA HQ site and turned up nothing that obviously dealt with the issue of manufacturing and shipping an 1860s style pistol.  Idaho’s 18-3315A is pretty awesome, but I want to address manufacturing and trade across states.

I did like this bit from the link above;

(2)  A personal firearm, a firearm accessory, or ammunition that is manufactured commercially or privately in Idaho and that remains within the borders of Idaho is not subject to federal law or federal regulation, including registration, under the authority of congress to regulate interstate commerce.

(4)  Subsections (2) and (3) of this section do not apply to:

(a)  A firearm that cannot be carried and used by one (1) person;

(b)  A firearm that has a bore diameter greater than one and one-half (1 1/2) inches and that uses smokeless powder…


I had to read that twice.  It does say one AND one half inches.  so anything under that figure is Kosher?  And if you, or any “one person” can carry it, you’re good.  Giddy up.  Let’s see; do I know any professional weight lifters?


So OK; what is the STATE law, and what is the fed law with regard to manufacturing and interstate trade of black powder percussion pistols?  I saw one comment; “You can’t find out because there aren’t any.”  I wish we had a free country.


The barriers a guy has to get through to bail out this fucked up Progressive economy and drag people, kicking and screaming, back into prosperity and hope…  How long will we tolerate this insult?  I want an exhaustive, nationwide, all-states firearm law guide that will fit on one side of a postcard…in large print.  “Thou shall not murder.  Thou shall not steal.”  I think that about covers it, no?  NO?

6 thoughts on “Gun Law Bleg

  1. Don’t forget Wickard v Filburn. Not purchasing your gun commercially affects interstate commerce thereby making it a federal matter and still subject to batfeieio regulation. Guess which law wins in a fight? Fed or state?

  2. Depends on the will of those in said state. Our last go-’round, the guy running in the Republican primary for Gubnah of Idaho, Rex Rammell, said he’d already spoken to the militia about such matters. He was willing to keep the feds out. At some point the usurpers decide that discretion is the better part of valor, no? They are after all in it solely for their own gain. Some people take their freedom rather seriously, and how many are going to be willing to risk their lives to trample it? They’ll get away with this shit as long we let them.

  3. Ok, here is my experience in purchasing a “black powder” cap and ball pistol (at least that’s what I think you’re asking about)

    In 1999 I was working a contract in the Sacramento, CA area, and decided I wanted to get a pistol. I did some research on the internet, found a ‘retail’ seller (in Illinois, I believe it was), decided on which pistol I wanted, after making certain that it was legal to do so, placed my order for delivery to the hotel I was staying at.

    A week or so later I was in possession of my pistol.

    Since it was not considered a “Firearm” by either the BATFe or the state of California (yes, that’s right, CA), it was legal to ship it through the mails. From out of state.

    Now, that was almost 15 years ago, so things may have changed. But all I know is that was how I did it then.

    Of course, the retailer I purchased from also knew his limits, since he wasn’t about to do something that would cost him his livelyhood and freedom.

  4. 1.5″ lets them grandfather 37mm flare launchers.
    ‘Course it would also worcover 37mm anti-tank cannons except for that pesky “carried by one person part, heh, heh, heh.

  5. So it looks like Idaho made suppressor are OK for Idahoans(?) in Idaho. Anyone selling such?

    I had Cabelas mail me a cap and ball revolver before the Spokane store went in.

  6. I’ve had several BP guns mailed to me with no paperwork. I’m asking about manufacture. Maybe there’s no difference, but that gives me nothing to show my machinsts to calm their jittery nerves. I have to prove a negative, it seems.

    ChrisTE; I think that Idaho statute is worth about as much as the two or three KB of server HD space it’s written on until someone actually sticks out their neck and tries it, knowing they’ll be up on federal charges.

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