Kamis, 29 September 2016

Antique Firearm issue settled in Florida

ANTIQUE FIREARM ISSUE CLEARED IN FLORIDA
by jon gutmacher

Those of you who own black powder guns know there's been a lot of controversy what a "replica" is, or is not.  Two appellate districts took totally opposing views, and the Florida Supreme Court finally settled the issue this September 22, 2016, in State v. Weeks -- and held that the firing mechanism of the gun is what determines a replica -- regardless of any other features.   Thus, a blackpowder gun with a modern primer was held to be a replica.  Of course,  federal law is a bit stricter and forbids any muzzle loader that has interchangeable barrels that could take modern ammo.

Thanks to the First District Court of Appeal for an initial great opinion, and the follow up by the Florida Supreme Court -- and of course,  the great attorneys involved in finally getting this cleared up.

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