BP Revolvers

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BP Revolvers

Postby mawtrfowler » Thu Mar 07, 2013 8:00 pm

Does anybody know what the law is regarding cap and ball revolvers? I still have a year until I can get an LTC and i was intrigued by the idea of a black powder handgun to take to the range until I turn 21 and buy real handguns.
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Re: BP Revolvers

Postby MIKE J. » Fri Mar 08, 2013 9:44 am

You will be legal if you are 18+ to posess a BP revolver. FID required for the powder, caps, lead balls etc. LTC is required if you plan on carrying concealed.


Black Powder Handguns – No LTC Needed! In April 2012, the court case of Commonwealth vs. Jefferson, it was determined that firearms manufactured before 1900, including black powder handguns are exempt from the licensing requirement in G.L. c. 140, § 131.

This ruling overturned the decision made in the Commonwealth v. Bibby case in 2002 where it was determined that black powder handguns were considered a firearm under c. 140 § 121, and therefore needed an LTC to be possessed outside the home pursuant to c. 269 § 10 (a).

Because c. 140 § 131 governs licenses to carry firearms, and because § 131 does not apply to firearms manufactured before 1900, a person does not need a license to carry a firearm made before 1900. However, a person may still be convicted of the unlawful possession of ammunition loaded in a firearm manufactured before 1900 if the defendant does not have an FID card and the ammunition does not fall under some exemption.

(please note Chapter 140 section 129C has not been updated to show this change)
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Re: BP Revolvers

Postby WingBreaker » Mon Mar 11, 2013 3:35 pm

MIKE J. wrote: it was determined that firearms manufactured before 1900,


Ummm...
Does that mean only black powder firearms that were manufactured before 1900 are the only ones exempt, or was that a paraphrase?
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Re: BP Revolvers

Postby MIKE J. » Mon Mar 11, 2013 9:07 pm

Paraphrased right from the case law study.
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Re: BP Revolvers

Postby Jofa » Tue Mar 12, 2013 12:23 pm

can the young man without a LTC own and shoot a black powder handgun that is of NEW construction?
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Re: BP Revolvers

Postby MIKE J. » Tue Mar 12, 2013 5:25 pm

Jofa wrote:can the young man without a LTC own and shoot a black powder handgun that is of NEW construction?



YES,

will need a FID for the powder and bullets and be 18+.
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Re: BP Revolvers

Postby VaTailfeathers » Wed Mar 13, 2013 5:25 am

So the exemption is for only genuine historic handguns, not modern ones that are exact repros of the old designs. Technically doesn't make sense to me, but I can see that the antique firearms are protected.
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Re: BP Revolvers

Postby MIKE J. » Wed Mar 13, 2013 6:30 am

TF,

The exemption is for black powder. Modern inlines rifles fall into the category as well. The reference of 1900 is when we started to see shells and cartridges for the modern age or referred as conventional firearms under MGL. If it is loaded from the muzzle or muzzle end of the cylinder where a shooter has to load powder and a projectile then it is considered a primitive firearm.
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Re: BP Revolvers

Postby Jofa » Wed Mar 13, 2013 8:33 am

in a somewhat related question, do you know if a convicted felon would be able to get a FID card for the powder, bullets etc? I ask because i ran into a crusty old turkey hunter who had some sort of muzzle loading shotgun w him. He was fairly sketchy, & I was thinking he might not be able to legally own a gun if he was using that old muzzleloader? Just curious...
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Re: BP Revolvers

Postby MIKE J. » Wed Mar 13, 2013 9:35 am

JOFA, If he is a felon then he would not be granted an FID in Mass. There are a few folks that use black powder shotguns and rifles to get out and hunt because they have been denied a FID. Technically it is illegal for them to possess any any component of ammunition, primers/powder/projectiles etc. Do the EPO's give these guys some latitude if they possess the proper stamps and hunting licences during a compliance check? yes. We have a few that hunt with our group during shotgun that fall into this category and have been checked by EPO's and LEO and never had a problem but it is something that can be enforced if needed.

Does this sketchy looking guy have a white beard and live in the Halifax area? just curious. :biggrin:
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Re: BP Revolvers

Postby Jofa » Fri Mar 15, 2013 10:57 am

that sounds like the guy, but the guy i ran into was in western mass?
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