Ok everybody, is this legal in MA?

[jdubois]

I thought this was an interesting brain-teaser with our screwed up MA laws. It's a replica of a 14th century German handgun. It's a .50 cal smoothbore muzzleloader with a 8.75" barrel and a touch hole ignition.

http://www.handgonne.com/loki.html

I'd suggest the relevant statutes are C 140 § 121 (for definition of firearm, and which statutes are not applicable to 'antique weapons' ) and C 140 § 131N.

My take on it is that while they probably did not intend to make such guns illegal, in the spirit of the way the law was written, it is, in fact, illegal. However, if you actually read the law literally, the wording is broken, and so it is not illegal.

 

[stoneypete]

Do you like abusing my brain?

 

[LoginName]

I'd say it's legal due to the definition of "weapon"...

“Weapon”, any rifle, shotgun or firearm.

Section 131N. No person shall sell, offer for sale, transfer or possess any weapon...

 

[jdubois]

I'd say it's legal due to the definition of "weapon"...

Yes, you've caught the broken wording of the law. However, if that broken wording stood in court, then 131N would be mostly devoid of meaning. Somehow I doubt any court would put up with that outcome.

 

[GSG]

IMHO, the gun looks exactly the way it was intended to look when it was originally made, hence the "replica" terminology.

Do replica single action revolvers have to look like a modern semi-auto pistol to be sold in the state?

I believe it would be legal, or one could at least make a decent argument for it, but this is Mass., so let's just watch for someone to get arrested with one in the news.

But good post, +1 to you for the brain food.

 

[jdubois]

IMHO, the gun looks exactly the way it was intended to look when it was originally made

You're arguing that because it looks like a typical handgun would have at the time, it still resembles a handgun, even if not a modern one, and therefor 131N would not apply? Hmm, now that's definitely an interesting approach...

 

[GSG]

You're arguing that because it looks like a typical handgun would have at the time, it still resembles a handgun, even if not a modern one, and therefor 131N would not apply? Hmm, now that's definitely an interesting approach...

Exactly. Is there a catch here? Am I setting myself up to be flamed?

 

[jdubois]

Exactly. Is there a catch here? Am I setting myself up to be flamed?

No, not at all. Sounds reasonable to me. It's an angle I hadn't thought of.

 

[Cross-X]

Legal.

 

[GSG]

Like anything else in this state, I'd feel most comfortable with some case law before saying for sure.

Speaking of which, do you know of a way to search Mass. court cases by keyword or law violation in Findlaw?

 

[jdubois]

Speaking of which, do you know of a way to search Mass. court cases by keyword or law violation in Findlaw?

No, findlaw confuses the heck out of me

 

[Ripach]

Legal.

Good enough for me.

 

[jdubois]

Good enough for me.

Me too, it's cheating for him to answer though

 

[GSG]

No, findlaw confuses the heck out of me

I'll second that.

 

[vellnueve]

Cross-X says legal...

But, he's already suggested to two other members that they sue for 1) personal injury and 2) breaking a FTF deal, so he may be short on cash