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sofa king

(10,857 posts)
45. Those are sometimes called "antique firearms."
Sat Jul 21, 2012, 11:46 AM
Jul 2012

Until 2006--and still all over the Internet today--it was widely believed that even convicted violent felons could own "primitive weapons" like muzzleloaders because they were specifically excepted from the definition of a "firearm" in some federal laws and in BATF regulations. The US Code offers this:

(3) The term “firearm” means
(A) any weapon (including a starter gun) which will or is designed to or may readily be converted to expel a projectile by the action of an explosive;
(B) the frame or receiver of any such weapon;
(C) any firearm muffler or firearm silencer; or
(D) any destructive device. Such term does not include an antique firearm.

and

(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; or
(B) any replica of any firearm described in subparagraph (A) if such replica—
(i) is not designed or redesigned for using rimfire or conventional centerfire fixed ammunition, or
(ii) 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; or
(C) any muzzle loading rifle, muzzle loading shotgun, or muzzle loading pistol, which is designed to use black powder, or a black powder substitute, and which cannot use fixed ammunition. For purposes of this subparagraph, the term “antique firearm” shall not include any weapon which incorporates 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.

http://www.law.cornell.edu/uscode/text/18/921

That didn't wash with the Wyoming Supreme Court, in Harris v. State:

http://law.justia.com/cases/wyoming/supreme-court/2006/446994.html

They concluded that since their state did not define "firearm," as the feds did, that the default dictionary definitions, rather than federal legal definitions, apply in Wyoming.

I tossed that up because asking Google the question revealed the trifecta of bad information sites: ask, wikianswers, and yahoo. Hilariously, I noticed that one of the "best answers" to the question of whether or not felons can own muzzleloaders was, "go to a law library and look it up." Idiots. Not even law students go to the law library anymore, unless they're looking for the notes some other, better student wrote in the margins of the books that are all scanned, digitized, and often freely available.

Recommendations

0 members have recommended this reply (displayed in chronological order):

K and R Kingofalldems Jul 2012 #1
This message was self-deleted by its author GarroHorus Jul 2012 #2
Well, that's what the Founders intended. Were they lunatics? nichomachus Jul 2012 #10
This message was self-deleted by its author GarroHorus Jul 2012 #12
That is not logic Progressive dog Jul 2012 #26
This message was self-deleted by its author GarroHorus Jul 2012 #28
Ok, 22 RIFLES HockeyMom Jul 2012 #3
Actually it doesn't satisfy either ProgressiveProfessor Jul 2012 #4
That would be a good start. A better one would be to interpret the 2nd amend apocalypsehow Jul 2012 #5
Many liberals are gun owners obamanut2012 Jul 2012 #6
And most gun nuts are conservatives SecularMotion Jul 2012 #22
I think some would consider all gun owners "gun nuts" obamanut2012 Jul 2012 #37
That's the danger of being a prohibitionist. JoeyT Jul 2012 #42
So you collect all normal guns first? n-t Logical Jul 2012 #7
Single shot 20ga shotguns. ileus Jul 2012 #8
Well, the powder goes in first, I'm afraid, then gets tamped down Warpy Jul 2012 #9
The time it takes to load a muzzle loader is the cooling down period auburngrad82 Jul 2012 #15
In Massachusetts, you don't need a permit for those. n/t Ian David Jul 2012 #11
A strict constructionist would agree with you ... or argue ... JoePhilly Jul 2012 #13
That's the way I understand it too dreamnightwind Jul 2012 #34
K&R! yellerpup Jul 2012 #14
Muzzle-loaders are far from idiot-proof Mopar151 Jul 2012 #16
Oh come on, think of the suffering and pain, for heaven's sake. TheCowsCameHome Jul 2012 #17
And the 1st Amendment will not apply to electronic media? nt hack89 Jul 2012 #18
+1000 nt Mojorabbit Jul 2012 #20
+10,000 Johnny Rico Jul 2012 #24
I recommend th Long Rifle flamingdem Jul 2012 #19
my husband who is a gun owner is a firm believer in laws that restrict.... i am not sure seabeyond Jul 2012 #21
i have a more workable idea. unblock Jul 2012 #23
That won't stop a pyschopath, they want prison flamingdem Jul 2012 #25
my solution isn't nearly as effective, true; but it has a far better shot at becoming reality. unblock Jul 2012 #27
Chris Rock Had The Best Answer: Charge $5000 per bullet Yavin4 Jul 2012 #29
I'm against such an absurd proposal, of course, but it would have one upside: Johnny Rico Jul 2012 #30
Yes - This Ruby the Liberal Jul 2012 #31
This message was self-deleted by its author felix_numinous Jul 2012 #32
Gun control seems to work pretty well in the rest of the world. DanTex Jul 2012 #33
This message was self-deleted by its author felix_numinous Jul 2012 #38
Guns and drugs are completely different. DanTex Jul 2012 #44
This message was self-deleted by its author felix_numinous Jul 2012 #40
"Maybe people will think I am living in a dream world" sibelian Jul 2012 #36
And if you want something more modern dreamnightwind Jul 2012 #35
And no speech more advanced than the hand operated printing press! 4th law of robotics Jul 2012 #39
the Girandoni Air Rifle existed about 10 years before the 2nd Amendment was written. belcffub Jul 2012 #41
Won't work. HooptieWagon Jul 2012 #43
Those are sometimes called "antique firearms." sofa king Jul 2012 #45
How about working on a non lethal Shankapotomus Jul 2012 #46
John Kerry doesn't agree. NCTraveler Jul 2012 #47
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