Expert: Dan Haynes - 4/8/2008

Question
My brother was convicted of Agg. child endangerment in Kansas and has served his time. When my mother passed, she bequeathed her antique Sharpes pepperboxes to her sons. I am in possession of my brother's antique Sharpes she left him. Can I legally give them to him and can he legally possess these antique (pre-1899) handguns in Kansas?

Answer
Dear Jerry,

Thanks for asking me about this matter. Here is what federal law says about this issue.

Acquiring Firearms
Once a person has made the decision to purchase a gun, a federally licensed dealer will fill out a federal form 4473, which requires identifying and other information about the buyer, and record the make, model, and serial number of the firearm. The licensee initiates a background check on the buyer through the National Instant Criminal Background Check System (NCIS) to determine whether the buyer is not qualified to own a firearm. This NCIS background check may be immediate, or may take up to three business days. Prior to November 30,1998, a five-day waiting period was required.

It is unlawful for an individual to purchase a firearm through mail-order from another state. Only licensed dealers are allowed to purchase firearms across state lines from other licensed dealers.

Provided that all other laws are complied with, a person may temporarily borrow or rent a firearm for lawful sporting purposes throughout the United States.


Antique Firearms

Antique firearms and replicas are exempted from the above restrictions. Antique firearms are any firearms manufactured in or before 1898 (including any firearms with a matchlock, flintlock, percussion cap, or similar type of ignition system). Also, any replica of an antique firearm qualifies if the replica is not de-signed or redesigned for using rimfire or conventional centerfire ammunition; if the replica uses fixed ammunition which is no longer manufactured in the United States and which is not readily available; if the replica is of any muzzle loading rifle, shotgun, or pistol, which is designed to use black powder or a black powder substitute and which cannot use fixed ammunition.

(Note: Antiques exemptions vary considerably under state laws).

Here is the link to Kansas state firearm laws:
http://www.nraila.org/statelawpdfs/KSSL.pdf

I did not see any comments about felons owning antique guns in this Kansas law.

In order to be sure I would recommend that you contact a Kansas lawyer for legal advice in this matter.


If I can be of any further assistance please contact me again.

Dan