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Discussion Starter · #1 ·
Indulge me for a minute here. I found this on opencarry.

First listen to the audio on youtube. The guy sounds like a nut but pay attention!

YouTube - Definition of guns

When you're done, here are the rest of my comments. Scroll down for the definitions.

In brief:

In the Federal Code, the IRS defines firearm (Title 26). Why this is applicable to Homeland Security or anything else, I have no idea.

The Federal Code also defines handgun in the "Crimes" section (Title 18). The definition is quite a bit more in line with what we are familiar with.

I guess, lacking any other conflicting info, if a Federal Law calls something a FIREARM versus a HANDGUN, the lawyers could have a field day. I wonder what percentage of our Federal laws use firearm versus handgun versus something else.

I still wouldn't want to be in the middle of this mess.

US CODE: Title 26,5845. Definitions

IRS Code Definitions:

(a) Firearm
The term “firearm” means
(1) a shotgun having a barrel or barrels of less than 18 inches in length;
(2) a weapon made from a shotgun if such weapon as modified has an overall length of less than 26 inches or a barrel or barrels of less than 18 inches in length;
(3) a rifle having a barrel or barrels of less than 16 inches in length;
(4) a weapon made from a rifle if such weapon as modified has an overall length of less than 26 inches or a barrel or barrels of less than 16 inches in length;
(5) any other weapon, as defined in subsection (e);
(6) a machinegun;
(7) any silencer (as defined in section 921 of title 18, United States Code); and
(8) a destructive device.
The term “firearm” shall not include an antique firearm or any device (other than a machinegun or destructive device) which, although designed as a weapon, the Secretary finds by reason of the date of its manufacture, value, design, and other characteristics is primarily a collector’s item and is not likely to be used as a weapon.

Title 18 CRIMES Definitions

...‘handgun’ means any firearm including a pistol or revolver designed to be fired by the use of a single hand. The term also includes any combination of parts from which a handgun can be assembled.”

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Notice how he conveniently leaves out the definitions from title 18 (crimes) section 921 (firearms)?
(3) The term "firearm" means (A) any weapon (including a starter
gun) which will or is designed to or may readily be converted to
expel a projectile by the action of an explosive; (B) the frame or
receiver of any such weapon; (C) any firearm muffler or firearm
silencer; or (D) any destructive device. Such term does not include
an antique firearm.
(29) The term "handgun" means -
(A) a firearm which has a short stock and is designed to be
held and fired by the use of a single hand; and
(B) any combination of parts from which a firearm described in
subparagraph (A) can be assembled.
If you notice, the items defined in the IRS section quoted are the ones we have to get a tax stamp for.
How it is related to homeland security is that he got hung up by TSA. The IRS definiton has nothing to do with homeland security. So for the purposes of his case it is totally irrelevant.
Most sections of the U.S.C. start off with a "Definitions" section clarifying exactly (supposedly) what they are referring to in the law. They will either give a specific description, or state which section of U.S.C. contains the definition they are using.

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A percussion revolver could go as checked baggage, but no black powder or percussion caps!

The thing that the guy on the radio show missed out on is that the airline would have been violating the law if they allowed him and his improperly secured weapon on to the aircraft.
From Title 49
(d) Prohibitions on carrying a weapon, explosive, or incendiary. Except as provided in §§1544.219, 1544.221, and 1544.223, no aircraft operator may permit any individual to have a weapon, explosive, or incendiary, on or about the individual's person or accessible property when onboard an aircraft.
f) Firearms in checked baggage. No aircraft operator may knowingly permit any person to transport in checked baggage:

(1) Any loaded firearm(s).

(2) Any unloaded firearm(s) unless—

(i) The passenger declares to the aircraft operator, either orally or in writing before checking the baggage that any firearm carried in the baggage is unloaded;

(ii) The firearm is carried in a hard-sided container;

(iii) The container in which it is carried is locked, and only the individual checking the baggage retains the key or combination; and

(iv) The checked baggage containing the firearm is carried in an area that is inaccessible to passengers, and is not carried in the flightcrew compartment,.

(3) Any unauthorized explosive or incendiary.

(g) Ammunition. This section does not prohibit the carriage of ammunition in checked baggage or in the same container as a firearm. Title 49 CFR part 175 provides additional requirements governing carriage of ammunition on aircraft.
So really when push come to shove he could try to play semantic games with the TSA folks, but the airline is not going to play games like this. It is their aircraft and they ultimately have the final say as to who and what goes on their aircraft. They stand to lose way to much money if they get uncle upset with them in a major way.

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The section of Title 26 the caller was talking about, with the definition is about excise taxes. If you click on the link provided, note the line above (a).
For the purpose of this chapter—
So........ I value that callers legal opinions on par with those of the squeegee guy that hangs out at the traffic light.

What is it they say about free legal advice? It is worth every penny you paid for it. :bier: There is a reason lawyers earn as much as they do. I will be the first to pontificate on stuff on the internet but in the real world, where it matters, I call a professional.
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