Moderator said:
Also I do not know what the laws are about transporting black powder guns.
Chapter 140: Section 121 addresses firearms sales, definitions, antique firearms, application of law, and exceptions. In a nutshell, a firearm is a "pistol, revolver or other weapon of any description, loaded or unloaded, from which a shot or bullet can be discharged..."
The exception to the definitions of section 121 include blackpowder firearms and firearms that have a date of manufacture prior to 1899. Apparently the devices previously mentioned aren't considered firearms.
Chapter 140 Section 129c spells out the terms for the ownership or possession of ammo and firarms. It basically says that "no person, other than a licensed dealer or one who has been issued a license to carry a pistol or revolver or an exempt person as hereinafter described, shall own or possess any firearm, rifle, shotgun or ammunition..."
The exception to 129c is once again held for the "carrying or possession by residents or nonresidents of so-called black powder rifles, shotguns, and ammunition therefor as described in such paragraphs (A) and (B) of the third paragraph of section 121..." I take this to mean that BP guns can be lawfully owned and possessed without a license.
Chapter 269 Section 10 makes it a crime to carry a firearm, rifle, or shotgun without a LTC/FID. The exception? You guessed it; 129C or 131G for non-residents.
So it's pretty clear that you can own a BP firearm without a license. It gets murky when the question of ammo comes up, because on one hand ammunition is defined in 121 as cartridges, casings, powder, primers, and bullets, among other things, and falls under the authority of 129c. Yet 129c also makes an exception for black powder rifles, shotguns, AND THEIR AMMUNITION. I notice that the exceptions in 129c say nothing about black powder pistols. So if you have a .45cal rifle you can legally possess .45 ball shot and powder but not if you have 1851 Navy? That's how it seems to the untrained observer.
As far as carrying goes, Chapter 140 Section 131 spells out what may be carried according to the license or FID card held by the owner. Except that 129c exempts black powder guns and pre-1899 firearm from the requirements of section 131. Which suggests to me that these firearms may be carried without a license. The only problem is that interpretation contradicts with case law: Commonwealth vs. Bibby (2002). Bibby contended that he wasn't outside of the law by carrying a pre-1899 firearm without a LTC (since the definition of firearm doesn't apply to these devices) and therefore shouldn't be charged with violating 269-10. The judge ruled that there are only five exceptions to 269-10 and antique firearms fail to meet any of the five criteria. See
Commonwealth v. Bibby (2002). So owning is ok, ammo is iffy, and carrying is out of the question without a LTC.
Vehicle transport still falls under the stipulations of Chapter 140 Section 131c, Carrying of firearms in a vehicle. It seems that the laws that apply to conventional fiearms apply to operable black powder/antique firearms also, as there is no exception to 131c from 129c.
BTW, in spite of it being completely obvious, IANAL.
