must read

[hepburn4590]

copied it from another forum. Thought it pertinent

Sent: 2/25/2008 11:55 AM
In 2007 I was infomed of a court case wherein a man having a ML rifle was charged with having a firearm that "could be" copnverted to fire ctgs. The prosecutor was trying to convine a judge this was possible.
I offered to supply a factory letter sying this was not possible and that various state laws recognize a ML firearm is technicall different from one firing a ctg.
Today the fellow " Rick" at greenholler@ yahoo.com , has surpriosed me with a report saying the judge has ruled against all ML guns.
This matter needs to be brought to the attention of various organizations so suitable action can be started to overturn this court rulling.
I have NO more data and copy below the email I received.
Dick T
=================================
Mr Trenk....This is the results of the court case.....as of now Your sidelock muzzleloading rifles are now a regulated firearm under nebraska statute 28-1201...which is the relevant law for regulated sales...see survey of regulated sales 2005 dept of justice... nebraska...the prosecution used these words from that definition.....expels a projectile by action of an explosive....keep in mind that this is the federal minimum and antique replicas are exempt from this definition.....but the local judge says its his opinion that antique replicas are regulated firearms....he said that they do not have to have a frame or receiver to be a firearm and so now you have any object that you can stick gunpowder in or on or under a projectile it then becomes a firearm.....and as you know that could be many things....so now a piece of sewer pipe is a firearm....a brass candle holder....a stick with a hole in it.....it could be anything....so now we are in the appeal process and if this decision is allowed to stand this can and will open up a whole can of worms on companies like pedersoli,cva,lyman,and so on....I have tried to warn nra,and the nmlra....with no results....I dont know why but if this is allowed it will become case law and will be used in all 50 states....and it can and will affect non felons as well as non violent felons....it will allow prosecuters to pick and choose instead of going by actual written law.....if you look at nebraska statutes 69-2418 antique replicas are exempt and to top it off 28-1211 says that federal law is enacted for this state...this is small town politics but in the bigger picture of things it can and will affect the whole industry of antique replicas if they sneak this by.............take care..........Rick

 

[Blizzard of '93]

it's good that you're rasing this ruling up to scrutiny, but I have no idea how to alert the 2nd Amen/ rights orgs.
sidelock front-stuffers can't be converted to cartridge period.
Paul V. here on the Forum may be the one to bring attention to this he's an attorney and IIRC an 'expert witness' type of court-watcher.

 

[Trench]

What the? Sidelock converted in to a cartridge gun? That's like converting a hand fishing reel in to an ocean-trawler.

 

[Rancocas]

Impossible? - nooo.
Not trying to help the other side - but haven't you ever heard of the Allin conversion of 1861 and '63 Springfields to breechloading cartridge guns? Thousands of those old Civil War rifled muskets were converted. They were called "Trapdoor Springfields", and later were manufactured new that way. Also, of course, muzzleloading cap and ball revolvers such as the Colt 1860 and 1851 models were sometimes converted to cartridge arms.
Anyone know what kind of muzzleloader was at issue in that Nebraska case?

 

[paulvallandigham]

Several states have laws or state regulations that require dealers to treat the sale of mlers the same as any other firearm. Back ground checks, and restrictions on possession by felons, people convicted of Spousal abuse, or under Domestic Violence Protection orders, the habitual drunks, or addicts, and mental patients are all prohibited from possessing and purchasing MLers just as they are prohibited to own modern guns.

That is the reason no one seems to get excited when a Nebraska judge rules the same way as these existing laws do. I don't like Judges legislating from the bench, but that seems to be a strictly Nebraska problem, that can only be dealt with by the Appellate court, or by the Legislature. Get 'er done! :hatsoff:

 

[longfowler]

I think it wouldn't be an issue unless the gun had allready been converted....this is like saying just because I carry a knfe,I'm going to stab someone. guilty until proven innocent - that's not what our country was founded on!
but I believe the law is the same down in massachusetts, the poor souls who live down there need a goverment permit just to fart!

 

[Smk50]

I guess Im in the dark on this one, and I live in Nebraska. There has to be more to it than the story states. I have never had a problem buying a ML and when buying a modern arm they will carry it to the door for you, a ML they let me walk out with. No yellow form either. Cash and carry. A friend did need his Pistol purchase permit to pick up a ML pistol in Omaha city limits from a dealer, though Im not sure why on that part, as I have purchased a pistol from another dealer and it wasnt required. You definitely have me curious now though.