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Muskets like those from 1776 are mostly exempt from today’s gun laws

Federal law exempts most antique muskets, but states and localities still impose patchwork restrictions on possession, transfers and firing.

  • Under federal and most state laws, antique or replica guns manufactured in or before 1898 are not technically considered firearms, leaving them largely exempt from modern gun regulations.
  • During debate over the 1968 Gun Control Act, Sen. John Goodwin Tower argued exemptions were needed to "relieve an unnecessarily burdensome problem for serious collectors of antique firearms and for historians and museums."
  • Laws remain a "patchwork," as military historian Patrick Luther notes; Hawaii, Ohio, and North Dakota treat smoothbore muskets like modern weapons, while New Jersey and New York have struggled to align antique exemptions with new legislation.
  • Reenactor Jason Monhollen, an Army officer, calls comparing muskets to modern weapons "comparing apples and oranges," though he admits these weapons are still deadly and reenactors worry about confiscation.
  • Despite their historical status, these weapons retain lethal force; Montgomery County State's Attorney John McCarthy noted a weapon could fire like a 2017 manufactured handgun, and Maryland changed laws after a convicted offender used a six-shot revolver.
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Muskets like those from 1776 are mostly exempt from today’s gun laws

Guns that are antiques or replicas of antiques are not considered firearms under federal law. The United States exempts guns manufactured in or before 1898 from most regulation, saying it would be an undue burden on collectors and history buffs.

·United States
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The Record broke the news in Waterloo, Canada on Thursday, May 14, 2026.
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