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About Robert P. Firriolo
Expertise
General constitutional (Second Amendment) and federal firearm law inquiries. New York State and New York City laws and regulations on firearms. Use of force in self-defense.
Experience
Over 20 years of grassroots activism, including involvement in campaigns and elections; writing and editing articles, letters, press-releases, policy papers, and op-ed columns; interaction with firearm regulatory agencies on behalf of clients; former board member and current legal advisor to the board of sportsmen's and firearm civil rights organizations; pro-bono representation of select firearms-related legal cases; debated leaders of the gun-control lobby on national television. Lecturer on lawful use of deadly physical force and crime prevention.
Education/Credentials
Attorney at law. Extensive independent study and research in this field. NRA-certified firearms instructor (rifle, pistol, shotgun, home firearm safety, personal protection) and Range Safety Officer.
Awards and Honors
Martindale-Hubbell "AV" Peer-Review Rating.
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You are here: Experts > Arts/Humanities > Political Science > 2nd Amendment and Right to Bear Arms > antique firearms
Expert: Robert P. Firriolo
Date: 3/25/2008
Subject: antique firearms
Question
QUESTION: Dear Sir....does federal gun laws apply to antique firearms in every state ....are matchlock,flintlock or percussion lock antique firearms... what states consider them modern firearms and regulate them as a modern firearm...this seems to be a most confusing issue for people where law is concerned...thank you
ANSWER: Federal laws, including gun laws, apply in all 50 states. Most kinds of muzzleloading guns, including traditional matchlocks, flintlocks, and percussion guns, are not considered "firearms" under federal law. That means that federal gun control laws do not apply to them.
There are a few specific types of modern muzzleloaders that BATFE considers "firearms" under the Gun Control Act of 1968. Thus, these guns are regulated the same as modern rifles and shotguns.
Speaking only very generally, most states' gun laws also do not treat muzzleloaders the same as modern firearms. However, they may do so, for example, for the purposes of certain hunting regulations, or using one as a weapon to commit a violent crime.
It is too broad a question to answer whether, and how, each of the 50 states regulates such guns. It would be much simpler, and to the point, for you to identify which state(s) and which aspects of the law are of concern to you, and then focus your inquiry on that state's laws.
---------- FOLLOW-UP ----------
QUESTION: Thank You.....Let me try to be more specific and ask this question in a different way...BATF considers a muzzle loader a firearm when the muzzle loader in question can be converted in any way to fire modern centerfire or rimfire ammunition or any modern firearm that can be converted into a muzzle loader and then changed back again...These are a regulated modern firearm by BATF...Most states do have strict rules on muzzle loaders and how they are used for hunting....And states allow felons to purchase and possess and hunt with matchlocks,flintlocks or percussion muzzle loaders for instance Texas,wyoming ,south Dakota and so on....So let me try to single out a state for instance... Nebraska...In this state I have looked at their hunting regulations and it says a felon may not hunt with a muzzle loader it does not say a felon may not possess a muzzle loader...And if you did not and have not ever used one in a violent crime would it be legal to possess and be used for instance target practice to protect your home or so you can travel to states that you can legally hunt in...This is what is confusing for most people for both the common citizen and for the ex offender alike...I see these type of questions asked all the time and there is never any agreement on what is legal and what is not...So in the state of Nebraska would a person be in violation of state law or federal law ...And which law do you go by state or federal law...I do not know of any other way to ask this question
Answer
I am a bit confused by your questions, but I will do my best to answer as many of them as I can.
First, I can easily answer this one: "And which law do you go by state or federal law..." The answer is, both. Both federal and state laws will apply for firearms possession.
To be clear, even if a federal law says a specific gun is not regulated, or is legal to acquire, you still need to look at what the state law says. If the state law says the gun is illegal to possess or to use in a certain way, you can be prosecuted by the state if you violate state law.
So, in this case, federal law does not "override" state law if they are different. States can regulate guns more strictly than federal law. And states set their own hunting regulations, except in certain circumstances (like migratory waterfowl).
Next, I am not an expert in Nebraska firearm laws. A check of the NRA's summary of Nebraska gun laws (http://www.nraila.org/statelawpdfs/NESL.pdf) seems to confirm what you wrote, i.e., that there is no law against a convicted felon possessing a muzzleloader.
Game regulations are often more strict than general gun possession laws. For example, in Pennsylvania one can lawfully possess a semi-automatic centerfire rifle, but as I recall one cannot hunt big game with it.
It is therefore not surprising that Nebraska law (and federal law) may allow a convicted felon to possess a muzzleloader and even target shoot with it, while at the same time Nebraska's game laws may prohibit that person from using it to hunt in that state.
A convicted felon lawfully owning a conventional muzzleloader in Nebraska may well be able to take it to another state to hunt. Federal law will not apply to it being taken across state lines because it is not considered a firearm under federal gun control laws. He or she would have to check the law in the other state to see: 1) Is it legal to possess the gun under the other state's gun laws? and 2) Does the other state's game laws allow it to be used to hunt there? If the answer to both questions is "yes," then the convicted felon should be able to take his or her muzzleloader from Nebraska and hunt in that other state, assuming he or she also has a hunting license from that state.
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