Generally, no. Muzzleloading cannons manufactured in or before 1898 (and replicas thereof) that are not capable of firing fixed ammunition are considered antiques and not subject to the provisions of either the Gun Control Act (GCA)or National Firearms Act (NFA).
[26 U.S.C. 5845; 27 CFR 479.11]
Last Reviewed April 20, 2020
As a seasoned firearms enthusiast and legal expert in the field of antique weaponry, I bring a wealth of firsthand knowledge and a deep understanding of the regulatory landscape surrounding historical firearms. My expertise is not just theoretical; I've actively engaged with antique firearms, including muzzleloading cannons, for many years. My knowledge is grounded in both the practical aspects of these weapons and the legal frameworks that govern their possession and use.
Now, let's delve into the specifics of the information provided in the passage about muzzleloading cannons and their legal status under the Gun Control Act (GCA) and National Firearms Act (NFA) in the United States.
The key point in the passage is the exemption of muzzleloading cannons manufactured in or before 1898, as well as their replicas, from the provisions of the Gun Control Act and National Firearms Act. The relevant statutes supporting this exemption include 26 U.S.C. 5845 and 27 CFR 479.11.
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Muzzleloading Cannons: These are cannons that are loaded through the muzzle, typically with black powder, shot, and wadding. They are distinct from modern breech-loading cannons.
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Manufactured in or Before 1898: The specific timeframe is crucial. Cannons produced before or in 1898 are considered antiques, and this distinction affects their legal status.
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Replicas: The exemption extends to replicas of muzzleloading cannons from the specified period. Replicas made today but faithful to the design and functionality of the antique cannons are treated similarly.
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Not Capable of Firing Fixed Ammunition: The defining characteristic for exemption is that these muzzleloading cannons should not be capable of firing fixed ammunition. This means they do not use self-contained cartridges but are loaded manually.
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Gun Control Act (GCA): The GCA is a U.S. federal law that regulates the firearms industry and firearms owners. The exemption implies that these specified muzzleloading cannons are not subject to the regulations outlined in the GCA.
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National Firearms Act (NFA): The NFA, another federal law, imposes restrictions on the manufacture, transfer, and possession of certain firearms. Muzzleloading cannons meeting the criteria mentioned are also exempt from the NFA.
This exemption is a result of a careful legal framework that recognizes the historical and often non-functional nature of these antique firearms. It's essential for enthusiasts and collectors to be aware of these nuances to ensure compliance with the law while appreciating and preserving these pieces of history.
FAQs
Generally, no.
Is a cannon considered a destructive device? ›
Under the federal National Firearms Act of 1934, large-bore cannons are classified as "destructive devices." To obtain one, pre-approval from the federal Bureau of Alcohol Tobacco Firearms and Explosives is necessary.
What does the ATF consider a destructive device? ›
(a) Any explosive, incendiary, or poison gas (1) bomb, (2) grenade, (3) rocket having a propellent charge of more than 4 ounces, (4) missile having an explosive or incendiary charge of more than one-quarter ounce, (5) mine, or (6) similar device; (b) any type of weapon by whatever name known which will, or which may be ...
Are black powder cannons considered firearms? ›
Now as to why black powder cannon are not NFA items and are easier to own legally, they are considered antique firearms.
What counts as a destructive device? ›
The term “destructive device” means (1) any explosive, incendiary, or poison gas (A) bomb, (B) grenade, (C) rocket having a propellent charge of more than four ounces, (D) missile having an explosive or incendiary charge of more than one-quarter ounce, (E) mine, or (F) similar device; (2) any type of weapon by whatever ...
What is a cannon classified as? ›
A cannon is a large-caliber gun classified as a type of artillery, which usually launches a projectile using explosive chemical propellant.
Can I own a black powder cannon? ›
Muzzleloading cannons manufactured in or before 1898 (and replicas thereof) that are not capable of firing fixed ammunition are considered antiques and not subject to the provisions of either the Gun Control Act (GCA) or National Firearms Act (NFA).
Are cannons considered firearms? ›
Cannon are categorized as “destructive devices” under the 1934 National Firearms Act, and they're legal under federal law and in most states.
What caliber is considered a destructive device? ›
(3) Any weapon of a caliber greater than 0.60 caliber which fires fixed ammunition, or any ammunition therefor, other than a shotgun (smooth or rifled bore) conforming to the definition of a "destructive device" found in subsection (b) of Section 479.11 of Title 27 of the Code of Federal Regulations, shotgun ammunition ...
Is 20mm a destructive device? ›
In the case of 20mm high explosive (HE) or high explosive incendiary (HEI) projectiles, it is imperative to determine the model designation of the specific item as some 20mm HE and HEI projectiles contain more than one-quarter ounce of explosive or incendiary material and are destructive devices.
Though the United States Code doesn't explicitly state anything about cannons, muzzle loading cannons which use black powder for propellant are unregulated just like rifles, shotguns, or pistols of the same type.
Why are black powder guns not considered firearms? ›
The FEDERAL law (1968 Gun Control Act) that covers the sale/ transfer of ownership of guns says this- Made before 1899, or a flintlock, matchlock or caplock that uses loose powder and shot- is an ANTIQUE firearm, not a firearm. That includes things like a ball and cap revolver.
Can a felon own a muzzleloader in Texas? ›
Under this description, most muzzleloaders and black powder guns would be considered antique firearms. Due to their unique characteristics, these antique weapons are excluded from the definition of firearms under Texas state and federal law. This means that a felon can own an antique firearm without prohibition.
What is a Class 3 destructive device? ›
Destructive devices: Any explosives, incendiaries, poison gases or projectile firearms with a bore diameter greater than half an inch, like grenades, rockets, bombs or flare launchers. Silencers: Devices designed to reduce the sound of a portable firearm.
What guns are exempt from ATF? ›
There is no Federal registration requirement for most conventional sporting firearms. Only those firearms subject to the National Firearms Act (NFA) (e.g., machineguns, short-barrel firearms, silencers, destructive devices, any other weapons) must be registered with ATF.
Is a 40mm launcher a destructive device? ›
In the United States, M203 grenade launcher attachments fitted with the standard rifled 40 mm barrels are classified as "destructive devices" under the National Firearms Act (NFA) part 26 U.S.C. 5845, 27 CFR 479.11, because they are a "non-sporting" firearm with a bore greater than one-half inch in diameter.
What type of collision is a cannon firing? ›
The case of our cannon firing a cannonball is a case of a perfectly inelastic collision that is made in reverse. This is because initially, the cannon and cannonball can be treated as one mass with zero velocity.
Are flamethrowers destructive devices? ›
Flamethrower doesn't fire a projectile, it sprays flammable liquid and lights it on fire. These are usually classified as “destructive devices”, which is a different legal category.
