Lawful 19th Century Guns?

[namedpipes]

Another thread here talked about guns manufactured prior to 1900AD not requiring transfer forms because MGL C140S121 excludes guns mfg prior to 1900 (quoted below).

An LTC is issued under C140S131 and so it seems, would not be a requirement to transfer, possess or even carry such a gun. Even the limit of 4 / year is in that range of sections, isn't it?

So (not saying this is a good idea), would it be accurate to say that provided some person's collection consisted exclusively of those guns, s/he could buy/sell/own/carry open/carry concealed as many such guns as they chose? Again, I have no intention of finding out emprically - this is a question along the lines of how many angels can dance on the head of a pin.

Six-Guns of the old west would never stack up to a modern Glock, but it seems like an interesting gap in the law for a state like the PRM.

All that said, I know we're subject to federal law, too, but that should mainly be a matter of interstate commerce?

Just curious. I'm properly licensed for MA.

The provisions of sections 122 to 129D, inclusive, and sections 131, 131A, 131B and 131E shall not apply to:

(A) any firearm, rifle or shotgun manufactured in or prior to the year 1899;

(B) any replica of any firearm, rifle or shotgun described in clause (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; and

(C) manufacturers or wholesalers of firearms, rifles, shotguns or machine guns.

 

[jdubois]

Yes, you are correct, you can buy/sell/own/carry any antique gun without a license. But here's the rub on your 'antique concealed carry w/o license' idea: What are you gonna do with a gun for which you are not legally allowed to possess ammo?

Edit: On top of that, it's slightly ambiguous as to whether C 269 S 10 (Carrying dangerous weapons) applies to antique guns. I'm thinking it probably does, so by that section also you cannot carry an antique gun w/o a license.

 

[jdubois]

OK. You win!

No... unfortunately, we all lose [sad2]

 

[drgrant]

IIRC there is case law on the books saying that one can't carrry a BP pistol without having an LTC, so if that's what you were thinking about, forget it.

Of course, whether or not the decision really should have fallen that way
or not is another story, but I wouldn't risk it.

-Mike

 

[Scrivener]

Do you need a license to possess an antique/replica firearm? NO.

Do you need one to possess its caps, powder and ball? Yes.

Do you need an LTC to carry one loaded on your person? Yes.

 

[Pilgrim]

an antique gun is actually one made before 1898...actually it's before a certain date in mid-1898 but I'm too lazy to look it up.

 

[jdubois]

an antique gun is actually one made before 1898...actually it's before a certain date in mid-1898 but I'm too lazy to look it up.

The relevant part of the federal definition is "any firearm (including any firearm with a matchlock, flintlock, percussion cap, or similar type of ignition system) manufactured in or before 1898" and the relevant part of the MA definition is as quoted above, "any firearm, rifle or shotgun manufactured in or prior to the year 1899" So the two disagree by one year. I've never heard of one that references a specific date; which definition are you referencing?

 

[jdubois]

Do you need a license to possess an antique/replica firearm? NO.

Do you need one to possess its caps, powder and ball? Yes.

Do you need an LTC to carry one loaded on your person? Yes.

Short, sweet, and to the point. Thanks Scriv.

 

[Pilgrim]

I've never heard of one that references a specific date; which definition are you referencing?

I don't know where I saw it but is was discussed in a forum I visited a while back. It definitely stated a month and date in 1898 as the dividing point. No one seems to know why that date but I remember someone saying it made as much sense as any other firearms law.

I'll keep looking.

 

[jdubois]

I don't know where I saw it but is was discussed in a forum I visited a while back. It definitely stated a month and date in 1898 as the dividing point. No one seems to know why that date but I remember someone saying it made as much sense as any other firearms law.

Hmm... interesting. Let me know if you find it!

 

[Scrivener]

I do not recall such a date and wonder if, perhaps, the poster is thinking of the expired Federal AWB.