Author Topic: Destructive device "replica" clarification (Read 741 times)

AndyHass · « **on:** February 23, 2005, 04:28:11 PM »

I'm considering building a cannon, probably 2-2.5" bore. It would be smoothbore from seamless steel tubing of the correct dimensions (been lurking a long time).
Since it's not an actual replica of an old design, but loads from the muzzle and fires by percussion, would this be considered legal or require an unobtainable permit? I want to stay strictly legal here but I have no interest in making a "true" replica of 1800s design.
I've read the FAQs but I just want to gather opinions for clarification.
Thanks!

Cat Whisperer · « **Reply #1 on:** February 23, 2005, 05:05:40 PM »

The key word in the law is "replica" and it relates to designs of 1898 and prior. Kind of tough to get around it. BUT there were quite a few designs out there and you MIGHT find something that is very close to what you want to build and you could 'replicate' that design.

Two tough points - one: it is a matter of law, not justice nor of reason; and second; you are dealing with the BATF's interpretaions and policies. I.e., it's between you and them. You might want to approach them with your design. A letter of approval from them goes a long way to proving your design is ok.

Double D · « **Reply #2 on:** February 23, 2005, 05:28:07 PM »

As long as you don't make a replica of a modern gun you should be fine.

Replica is one of the elements and a requirement of the law. Replica is less specific than copy. It doesn't have to be a exact replica it only has to replicate a pre 1899 gun.

Something we haven't talked about here is state laws. You need to be sure your state law is not more restrictive.

I am aware of two incidents involving muzzle loading cannons in recent years. One involved a guy with a meth lab and who also had a stokes style muzzleloading mortar. He was charged with the destructive device violation as well as the meth lab.

The other, if I recall right was a guy involved in some sort of barricade incident that was found with a bunch of altered weapons and a stokes style muzzleloading mortar.

Build your cannon and enjoy. If you want, some of use can provide you with plans so you can build something similar.

GGaskill · « **Reply #3 on:** February 28, 2005, 09:07:35 AM »

1898 is not as restrictive a date as you might imagine. The last major improvement in field artillery was made in 1897 with the introduction of the famous French 75. This gun was a breechloader with a RECOIL ABSORBING MECHANISM on the carriage such that it eliminated the need to relay the piece after each shot.

It would appear that as long as you stay away from the self-contained cartridge, there are not many limits on what could be rationally considered a replica.