Possession of antique gun a defense to prosecution? /Boston

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Thread: Possession of antique gun a defense to prosecution? /Boston

  1. #1
    VIP Member Array paramedic70002's Avatar
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    Possession of antique gun a defense to prosecution? /Boston

    Mass. court grants new trial in antique gun case

    BOSTON (AP) - A Boston man has been granted a new trial on gun charges because the weapon he was found carrying was made before 1900.
    Curious.

    The Feds have their C&R which is IIRC pre 1898 but at least in VA a gun is defined as anything that goes bang (paraphrasing of course) and then some.
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    Distinguished Member Array Burns's Avatar
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    Why would you carry a gun from before 1900?
    Those who make peaceful revolution impossible will make violent revolution inevitable- JFK

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    Senior Member Array ZX9RCAM's Avatar
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    Quote Originally Posted by Burns View Post
    Why would you carry a gun from before 1900?
    Maybe that's all he could legally carry.....
    phreddy likes this.
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    Distinguished Member Array Burns's Avatar
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    Quote Originally Posted by ZX9RCAM View Post
    Maybe that's all he could legally carry.....
    Maybe, but he'd be better off using it as a club
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    VIP Member Array Badey's Avatar
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    Quote Originally Posted by Burns View Post
    Maybe, but he'd be better off using it as a club
    I think that is also illegal in boston.

    Are you saying that a Colt Peacemaker is worse than a club??
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    Distinguished Member Array USPnTX's Avatar
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    ^^^^^^
    What Badey said!!

    Does made in 1890 count? 'Cause I'd way prefer a Peacemaker to a club!!

    ColtSAA_14977.jpg
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    Distinguished Member Array Burns's Avatar
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    Quote Originally Posted by Badey View Post
    I think that is also illegal in boston.

    Are you saying that a Colt Peacemaker is worse than a club??
    Send me a link stating that it was peacemaker then. And if it's not in good working condition, yes it is.
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    VIP Member Array Hiram25's Avatar
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    Quote Originally Posted by Burns View Post
    Why would you carry a gun from before 1900?
    Didn't you see the show on TV where they completely re-built a "Blunderbuss"? What a weapon!
    Hiram25
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    Quote Originally Posted by Burns View Post
    Why would you carry a gun from before 1900?
    I'd never miss a beat for effective arms for concealed carry, home defense, hunting, target shooting, or plinking if restricted to using only firearms manufactured prior to 1898. There are several good quality Colt revolvers on hand and some really nice rifles. Not saying they'd be my first choice but the ones I have would serve well if necessary. They're repeaters, they're dependable, and they are chambered for cartridges which are still very effective. What more could one want?

    One could get by very well on pre-1898 arms.
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    Member Array CaptSmith's Avatar
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    Give the guy or his lawyer some credit...getting another chance at being convicted of a gun crime in Boston PRICEless.....

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    MA laws notwithstanding, here's FL's take on antique "guns" IAW FS 790.01:
    The term “firearm” does not include an antique firearm unless the antique firearm is used in the commission of a crime.

    So, was the crime carrying a "firearm" or was a crime committed with the antique firearm?
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    MAYBE he was carrying it in a parade.

    Several years ago, after "the cradle of liberty" state Massachusetts passed another set of asinine gun laws, Colonial militia re-enactment groups were prohibited from carrying flintlock guns. "Patriots Day" celebrations recognizing the actions at Lexington and Concord were on the brink of being unable to safely re-enact the Revolutionary events. Emergency legislation was drafted and passed in time to allow those events to continue, but the laws were so narrowly written as to preclude carriage of such arms except in very limited situations.

    Bottom line is that we don't have enough information to judge the referenced situation.
    Smitty
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    VIP Member Array Badey's Avatar
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    Quote Originally Posted by OldVet View Post
    MA laws notwithstanding, here's FL's take on antique "guns" IAW FS 790.01:
    The term “firearm” does not include an antique firearm unless the antique firearm is used in the commission of a crime.

    So, was the crime carrying a "firearm" or was a crime committed with the antique firearm?
    I think the "crime" was carrying the firearm.
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    So does Boston allow you to carry a policeman around with you for protection???

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    Quote Originally Posted by greybeard43 View Post
    So does Boston allow you to carry a policeman around with you for protection???
    Only if you possess a LEO Carry Permit. Like a CWP they are very hard to obtain. LEO Carry is usually only done by the wealthy and politically connected. Even then they usually have someone else carry the LEO. Not only is it easier on the back, it gives them the ability to deny carrying.
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