Black Powder Ammunition Concerns Remain

GOAL is getting a lot of questions about why we continue to discuss concerns over black powder ammunition components.

Prior to the passage of Chapter 135 there was a specific exemption for black powder (muzzle loading) ammunition components:



(Old language) Chapter 140, Section 121(p) Carrying or possession by residents or nonresidents of so-called black powder rifles, shotguns, and ammunition therefor as described in such paragraphs (A) and (B) of the third paragraph of section 121, and the carrying or possession of conventional rifles, shotguns, and ammunition therefor by nonresidents who meet the requirements for such carrying or possession in the state in which they reside.

That language no longer exists in the new law. It was intentionally removed. The question is why?


We also cannot find any exemptions in federal law for the ammunition. As far as we can tell, both federal, and now state, law only mention the gun. Several people we have spoken with pointed us to BATFE advisories on exemptions. (Listed below.) One of the advisories only concerns exemptions for "commercial" licensing. Another actually says that states can have much stricter laws:


"Additionally, state law may prohibit the possession of a black powder firearm by persons who are not federally prohibited from possessing them."


This advisory makes it very clear that regardless of how permissive law may be, states are free to impose their own restrictions. For instance – the federal government no longer bans "assault weapons", but the Commonwealth sure does.


Our concern remains that in the absence of any specific citable exemption in Massachusetts law, how, and what, will be enforced by overly aggressive District Attorneys?


This is just another unanswered question in a long list caused by the haste to pass the worst attack on civil rights in modern U.S. history – Chapter 135.

 

To add more confusion to the issue, if folks do a search on the Massachusetts legislative website (https://malegislature.gov/Laws/GeneralLaws/PartI/TitleXX/Chapter140/Section129C) the old language still comes up when searching by chapter and section. The State House has not bothered to update the gun laws on their website.


  • BATFE advisory on commercial licensing: https://www.atf.gov/explosives/tools-services-explosives-industry/explosive-products-and-devices/black-powder
  • BATFE advisory on prohibition of black powder firearms: https://www.atf.gov/firearms/qa/can-person-prohibited-law-possessing-firearm-own-black-powder-firearm
  • Chapter 135 definition: “Antique firearm”, any firearm or replica thereof manufactured in or prior to the year 1899 if such firearm: (i) is not designed or redesigned for using rimfire or conventional centerfire fixed ammunition; or (ii) uses rimfire or conventional centerfire fixed ammunition that is no longer manufactured in the United States and which is not readily available in the ordinary channels of commercial trade; provided, that “antique firearm” shall include any muzzle loading rifle, shotgun or pistol that is designed to use black powder, or a black powder substitute, and that cannot use fixed ammunition, unless the firearm: (a) incorporates a firearm frame or receiver; (b) is converted into a muzzle loading firearm; or (c) is a muzzle loading firearm that can be readily converted to fire fixed ammunition by replacing the barrel, bolt, breechblock, or any combination thereof.