Sorry for the long read, but it does answer your question. I know anyone over 18 can legally buy, ship, or receive a black powder "firearm" without a background check!
1. Can a person prohibited by law from possessing a firearm acquire and use a black powder muzzle loading firearm?
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
in
http://Page on 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. In addition, the GCA defines the term ?ammunition? to mean ?ammunition or cartridge cases, primers, bullets, or propellant powder designed for use in any firearm.? Because an ?antique firearm? is not a ?firearm,? it would is lawful for a prohibited person to receive or possess black powder designed for use in an ?antique firearm.? Also, the Federal explosives laws do not make it unlawful for a prohibited person to acquire and possess black powder in quantities not exceeding fifty pounds if it is intended to be used solely for sporting, recreational, or cultural purposes in ?antique firearms.? See 18 U.S.C. ? 845(a)(5)
Source: Page on atf.gov
However, some states do define black powder and/or antique guns as "firearms" for purpose of felon-in-possession. So a felon would need to check their local laws in detail before purchasing.
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