AboutDan Haynes Expertise I will answer questions on the 2nd amendment from both historical and present day applications. I will answer questions on the right to keep and bear arms and the significance of this right. I cannot answer questions that require legal consultation or those that are outside of my areas of expertise.
Experience I have studied the 2nd amendment from a historical view. I have certified as an NRA Range Safety Officer. I am a Federal Firearms License holder, and have a CCW permit. Since 2004, I operated my own gunsmithing shop and offer custom pistolsmithing services.
I have served a 4 year term as an elected offical on the Montrose Colorado City Council, becoming Mayor in my 4th year. I am well versed on the US Constitution and firearm laws.
Organizations NRA, NAHC, M1 Garand Collectors Association
Publications Smith & Wesson Club 1852 fall 2007 issue.
Education/Credentials NRA hunter safety course, NRA Range Safety Officer training, Colorado CCW permit holder, Federal Firearm Licensee, professional pistolsmith.
Expert: Dan Haynes Date: 4/8/2008 Subject: Kansas felon and Antique Firearms
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).
