Here is what you are looking for from ATF Publication but remember this is FEDERAL ONLY!
Maine may be more stringent!
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 (n) in
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)
By contrast, a prohibited person may not receive or possess black powder firearms that can be readily
converted to fire fixed ammunition by replacing the barrel, bolt, breechblock, or any combination
thereof. ATF has classified certain muzzle loading models as firearms. All of these models
incorporate the frame or receiver of a firearm that is capable of accepting barrels designed to fire
conventional rimfire or centerfire fixed ammunition. These muzzle loading models do not meet the
definition of “antique firearm” as that term is defined in 18 U.S.C. § 921(a)(16), and are “firearms”
as defined in 18 U.S.C. § 921(a)(3). Furthermore, as firearms, these and similar models, regardless of
the barrel installed on the firearm or provided with the firearm, are subject to all provisions of the
GCA. Persons who purchase these firearms from licensed dealers are required to fill out a Firearms
Transaction Record, ATF Form 4473, and are subject to a National Instant Criminal Background
Check System (NICS) check. Felons and other prohibited persons may not lawfully receive or
possess these firearms or ammunition.
The following is a list of weapons that load from the muzzle and are classified as firearms, not
antiques, under the GCA, because they incorporate the frame or receiver of a firearm:- 2 -
• Savage Model 10ML (early, 1st version)
• Mossberg 500 shotgun with muzzle loading barrel
• Remington 870 shotgun with muzzle loading barrel
• Mauser 98 rifle with muzzle loading barrel
• SKS rifle with muzzle loading barrel
• PB sM10 pistol with muzzle loading barrel
• H&R/New England Firearm Huntsman
• Thompson Center Encore/Contender
• Rossi .50 muzzle loading rifle
This list is not complete and frequently changes. There may be other muzzle loaders also classified as
firearms. As noted, any muzzle loading weapon that is built on a firearm frame or receiver falls
within the definition of a firearm provided in 18 U.S.C. § 921(a)(3).
Finally, even though a prohibited person may lawfully possess an antique firearm under Federal law,
State or local law may classify such weapons as “firearms” subject to regulation. Any person
considering acquiring a black powder weapon should contact his or her State Attorney General’s
Office to inquire about the laws and possible State or local restrictions. A list of State Attorney
General contact numbers may be found at
www.naag.org.
www.atf.gov/resource-center/docs/0501-firearms-top-10-qaspdf/download 
