Tennessee Law Question

[Loaded247]

I'm trying to find the current laws on how Tennessee deals with antique/muzzleloading firearms. Everything I see on Tennessee law refers to modern firearms, but I need to find out the antique/muzzleloading laws.

I know what the Federal laws are, so if anyone can help me with the state info, it will be GREATLY appreciated.

THANKS!

[macho999]

Is there a particular area of the law you'd be looking for or a certain question you have? Something like " can I walk around town with a cap and ball revolver on my hip without a permit?" would be easier to find than everything that possibly pertains to black powder weapons.

In the definitions section or within the body of the law itself the definition of firearm could be written in a way to encompass these weapons so that's something to watch for. If it's vague you may not want to be a test case.

[Loaded247]

Naw, I don't want to walk around packing an 1860 Colt....I did that back 'in the old days'....:)

No, what I want to know is if in fact Tennessee recognizes a distinction between modern firearms and antique/blackpowder weapons, and if those antique/blackpowder weapons are exempt in any way from current state law....as they are exempt in Federal law.

And, I would like to see it in writing....

[macho999]

Exempt from what type of state law is what I'm asking. Each part is going to use a certain definition and make certain exceptions.

An example is in the part about criminal offenses 39-11-106 (11) “Firearm” means any weapon designed, made or adapted to expel a projectile by the action of an explosive or any device readily convertible to that use;

In 39-17-1316. Sales of dangerous weapons — Certification of purchaser — Exceptions — Licensing of dealers — Definitions. —

b) (1) As used in this section, “firearm” has the meaning as defined in § 39-11-106 (http://michie.lexisnexis.com/tennessee/lpext.dll?f=FifLink&t=document-frame.htm&l=jump&iid=tncode&d=39-11-106&sid=23ab36c1.6de5e8cc.0.0#JD_39-11-106), including handguns, long guns, and all other weapons that meet the definition except “antique firearms” as defined in 18 U.S.C. § 921.

So any distinctions made between the two as far as sales of dangerous weapons follows the definition of antique firearms used in Federal law, but if you shoot somebody with one it's going to be the same as if you shot them with a modern weapon.

[Punisher84]

It's considered a Class 1 Firearm Curios and Relics and yes they have to be transferred and handled like a regular firearm.

[Loaded247]

I don't know if everyone here knows what a flintlock is, but it is the type of ignition system in general use during the American Revolution. They are muzzleloading firearms that require a piece of flint in the hammer (cock) striking a steel frizzen to create sparks, which ignites a small charge of powder in a pan, thereby igniting a 'main' charge in the breech via a touchhole, to make the gun fire. If you watch 'The Patriot' with Mel Gibson, or 'Last of the Mohicans' with Daniel Day Lewis and Wes Studi, then you have an idea of what a flintlock is.

By 1840, the percussion system was coming around, meaning that the gun could now be fired by means of a percussion 'cap' as ignition, instead of flintlock. Although flintlock firearms were still used to a degree, by the time of the American Civil War (1861-1865), the percussion system was the predominant system in use (although cartridge firearms began to make a splash at this time as well...notably the Spencer and the Henry, and a few others).

So, let me try to be as SPECIFIC with my question as possible: If I want to purchase a muzzleloader, either of the flintlock or the caplock style, do I still need need to fill out a form 4473, go through a background check, etc.?

I want an answer to this, and I ALSO want to see it in writing.

THANKS!

[molonlabetn]

Black-Powder muzzle-loader kits are sold at wal-mart over-the-counter. No paperwork.

[Loaded247]

molon, yes, I understand that, but I'm trying to read the actual provision that SAYS SO. Actually, I think I'm finding what I need. I should have it all together shortly, and I will post the results.

[Loaded247]

Ok, I have what I need now. Macho really pointed me in the right direction, but thank ALL of you for your input.

I shoot firearms from three basic eras: The Colonial era (of which I do Living History), the Old West (Living History and CAS), and modern, which is for work and defense. In the states that I've lived in before, there were pretty clear definitions regarding 'antique' firearms.

I've been a resident of Tennessee since 2004, and I really just now got around to looking into it, and was surprised in that I couldn't find a clear definition.

Anyway, my understanding now is that Tennessee does recognize a difference between antique and modern firearms, but rather than spell it out in the Tennessee Codes, the Tennessee Code itself refers you to the Federal Code, which is U.S.C. & 921. So, I read that code, which defined 'antique', but to understand the laws regarding firearms regarded as 'antique', you have to go further still to look at the ATF guidelines.....

So, if you go to purchase a circa 1815 Flintlock Tennessee Longrifle from a dealer here in Tennessee, it is exempt from the paperwork and background check and all of that...

HOWEVER, if you go to smoke somebody with that flintlock (pun intended), then it will still be treated the same as any other shooting....

[Knifeman98]

thanks for the info