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Antique Gun Exemption Leaves Flintlock Muskets Largely Outside Federal Rules

A 1968 carve-out for pre-1899 black-powder arms leaves many low-tech weapons outside the modern gun framework.

Army officer Jason Monhollen rests beneath a tree during a Revolutionary War event, in which he portrays a private in the 2nd North Carolina Infantry Regiment, in Halifax, N.C., on April 11, 2026. (AP Photo/Allen G. Breed)
A .50-caliber Hawken replica rifle with lead balls and percussion caps sits on a deck in Wake Forest, N.C., on Monday, May 4, 2026. (AP Photo/Allen G. Breed)
FILE - NRA president Charlton Heston holds up a musket as he tells the members attending the 129th Annual Meeting & Exhibit in Charlotte, N.C., that they can have his gun when they pry it, "from my cold dead hands," drawing a standing ovation, May 20, 2000. (AP Photo/Ric Feld, File)
A.J. Drake, a historic interpreter, aims his Brown Bess flintlock replica musket during a Revolutionary War event in Halifax, N.C., on April 10, 2026. (AP Photo/Allen G. Breed)

Overview

  • New AP reporting Thursday renewed attention to a federal carve-out for antique guns, drawing conservative criticism that it pushes new limits.
  • Federal law defines an antique by a flintlock-style ignition and pre-1899 manufacture, so many muzzleloaders face no federal background checks or licensing.
  • These arms can still kill, and a .75-caliber Brown Bess can launch a lead ball at about 1,000 feet per second.
  • A 2019 Maryland murder with a replica cap-and-ball revolver led to Shadé’s Law, which bars some violent offenders from buying or possessing such weapons.
  • Rules vary by state, with Hawaii, Ohio and North Dakota regulating smoothbore muskets like modern rifles, while New York added checks in 2022 then carved out lawful reenactments as location bans and unclear guidance still worry participants.