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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
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.
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