Black powder guns are not considered firearms by the ATF
That's not exactly true. Here's what the link states:In summary: you can make a firearm for your own use. You cannot sell it or transfer it.
Black powder guns are not considered firearms by the ATF
I know they also regulate air guns.However some states do,NJ is one.
That's not exactly true. Here's what the link states:
"No, a license is not required to make a firearm solely for personal use. However, a license is required to manufacture firearms for sale or distribution."
So, one can indeed manufacturer a firearm for personal use. If, after some unspecified amount of personal use one decided to sell, that is not prohibited.
It's a gray area, and I am not the one to probe the boundaries. However, it is technically legal to sell or transfer a self-made firearm, under certain circumstances.
The key question is not the kind of propellant ("black powder") but, rather, the ignition system.Black powder guns are not considered firearms by the ATF
For purposes of this subparagraph, the term antique firearm shall not include any weapon which includes a firearm frame or receiver,
18 U.S.C., § 921(A)(16)
The term “Antique Firearm” means:
A. Any firearm (including any firearm with a matchlock, flintlock, percussion cap, or similar type of ignition system) manufactured in or before 1898; and
B. Any replica of any firearm described in subparagraph (A) if such replica
C. Any muzzle loading rifle, muzzle loading shotgun, or muzzle loading pistol, which is designed to use black powder, or black powder substitute, and which cannot use fixed ammunition. For purposes of this subparagraph, the term antique firearm shall not include any weapon which includes a firearm frame or receiver, any firearm which is converted into a muzzle loading weapon, or any muzzle loading weapon which can be readily converted to fire fixed ammunition by replacing the barrel, bolt, breechblock or any combination thereof.
- is not designed or redesigned for using rimfire or conventional centerfire fixed ammunition, or
- uses rimfire or conventional centerfire fixed ammunition which is no longer manufactured in the United States and which is not readily available in the ordinary channels of commercial trade.
An "Antique Firearm" isn't the same thing as a "Firearm". Cap & Ball handguns (and other blackpowder guns) are not considered firearms by the ATF. A purchaser does not have to fill out a Form 4473 or pass a NICS check. There is no federal regulation stating a prohibited person cannot possess or purchase one. You can order a cap & ball handgun online and have shipped directly to your home.