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Samuel II
Samuel II, Attorney at Law
Category: Criminal Law
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Experience:  Handle criminal matters in both state and federal courts.
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Can I have in my home a reproduction antique firearm? I am

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Can I have in my home a reproduction antique firearm? I am a felon. I live in Knightdale, NC. I was sentenced in Maryland 9 1/2 years ago for Manufacturing Child Pornography (16 year old). I served six month house arrest with on a three year sentence. The 2 1/2 years was suspended. I served five years of probation. My wife and I want a gun in the house to protect ourselves. Please advise.


My name is XXXXX XXXXX I look forward to discussing this matter and providing you information in this regard

Federal law does not prohibit convicted felons from possessing, owning or purchasing an antique firearm

Under the law "antique" firearm means any firearm (including any firearm with a matchlock, flintlock, percussion cap, or similar type of ignition system) manufactured in or before 1898.

Additionally, NC does not prohibit the possessing, owning or purchase of an antique firearm and you can read that law at the link below

Samuel II and 4 other Criminal Law Specialists are ready to help you
Customer: replied 3 years ago.

Thank you for your quick response. Since it is not prohibited to possess a an antique firearm does this mean I don't have to go through the county to register it. In other words, can I go directly to a gun store, buy the antique (percussion cap) and bring it home? Or do I have to go to the county sheriff to register it?


Yes, you have to go to your local sheriff to get a license to make purchase.

When you go to the gun store, they will still have to do a federal background check.

Customer: replied 3 years ago.

For your information:


I went to the local sheriff office and they said that I did not need to go to them for black power firearms or antique firearms.


I went tot he store and they said that they do not do background checks on Black Powder Firearms or antique firearms.


Follow-up questions. What is the definition of "Firearm Frame" in NC? Does a pistol like the Civil War soldiers or cavalrymen before 1898 have a "Frame"?


Customer: replied 3 years ago.

Relist: Inaccurate answer. Please refer only to black powder antique firearms or antique reproduction firearms prior to 1898.


My answer was not inaccurate as to the question and scenario you presented and I provided the link for the law.

If it restricts the type of firearm then you are restricted to that type of gun.

If you have other questions, please post it here and I will continue to discuss this and provide you informaiton in this regard

Thank you
Customer: replied 3 years ago.

Thank you for your reply. Your answer included the definition for an antique weapon; however, it did not include all information on description of an antique firearm. Since then I have found the following and would like to know:

What is the definition of "firearm frame" in NC? Specifically, does a black powder pistol like the Civil War soldiers or cavalrymen used before 1898 have a "firearm frame"? (I highlighted below the information I am referring to.)

G.S. 14-409.11 Page1

§ 14-409.11. "Antique firearm" defined.

(a)The term "antique firearm" means any of the following:

(1)Any firearm (including any firearm with a matchlock, flintlock, percussion cap, or similar type of ignition system) manufactured on or before 1898.

(2)Any replica of any firearm described in subdivision (1) of this subsection ifthe replica is not designed or redesigned for using rimfire or conventional center fire fixed ammunition.

(3)Any muzzle loading rifle, muzzle loading shotgun, or muzzle loading p

istol,which is designed to use black powder substitute, and which cannot use fixed ammunition.

(b)For purposes of this section, the term "antique firearm" shall not include any weapon which:

(1)Incorporates a firearm frame or receiver.

(2)Is converted into a muzzle loading weapon.

(3)Is a muzzle loading weapon that can be readily converted to fire fixed ammunition by replacing the barrel, bolt, breechblock, or any combinationthereof.(1969, c. 101, s. 2; 2006-259, s. 7(a).)


I am not an expert on the design of firearms, but it seems the frame or receiver is where there would be a projectile or an ability to expel a projectile. Perhaps, the best place to get that answer is from a gun store owner.