The Corner

Law & the Courts

Americans Can Still Buy Cannon

A pair of cannons on the Antietam National Battlefield near Sharpsburg, Md. (Willard/Getty Images)

David Harsanyi writes:

You absolutely could buy a cannon. There is zero historical evidence that Americans were barred from purchasing or constructing any type of weapon they pleased. Not only are there numerous accounts of the American military using, or purchasing, private cannons; privateers — as the name strongly suggests — relied on their own cannons, as well. (For their expedition, Lewis and Clark bought a privately owned small-bore cannon and Girardoni air rifle, which could shoot 30 or more times without reloading.)

This is true, although whether cannon count as “arms” or “ordnance” [sic] under the original public meaning of the Second Amendment would be interesting to debate. (As David notes, there is no original public meaning that wouldn’t count the AR-15, which is a carbine.) Either way, we don’t need the past tense here: Americans can still buy cannon.

If the cannon you want to buy was manufactured before 1898 (i.e., it’s a muzzle loading model), you can do so without regulation. If it’s a “saluting cannon,” it’s also exempt. And if it’s neither a “saluting cannon” nor a pre-1898 model, you need to pay a $200 tax stamp, fill in some forms, wait a bit, and . . . well, that’s it. Cannon are categorized as “destructive devices” under the 1934 National Firearms Act, and they’re legal under federal law and in most states. You may have to jump through a few hoops to get one, but get one you assuredly can.

 

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