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Saw an article today in the paper about a man in northern Indiana who had a civil war cannon ball in his barn. The shell was still set to go, everything was there. My question is: is this considered class 3? And if not, is it legal to own.
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The short answer to the original post is that the device is legal, but requires ATF authorization to possess as it is an NFA firearm (class 3 is a kind of dealer)
No type of firearm is illegal in the USA. While there are additional controls for some, a person can own any type of firearm they want as long as it is legal in their state.
http://www.atf.gov/regulations-rulings/laws/
For anything over a half inch bore, there has to be an ATF exemption (like those for 28 to 10 gauge shotguns) or ATF authorization is obtained by submitting an ATF form 1 or form 4. Submitting an ATF form 1 to make or the ATF form 4 to buy a cannon is a routine thing.
From THE GUN CONTROL ACT OF 1968 TITLE 18, UNITED STATE CODE, CHAPTER 44 section 921, a firearm is any weapon which will or is designed..... expel a projectile by the action of an explosive...a silencer.....detructive device. Does not include antiques.
Antiques include those using loose powder with ignitions systems like the flinklock, cap lock and matchlock. This includes replicas of guns made before 1898.
The term "destructive device" means— any explosive, indendiary or poison gas, bomb, grenade, rocket with >4 ounce propellent charge, missile having an explosive charge more than 1/4 ounce, a mine or any gun with a bore >1/2 inch other than a shotgun.
From page 189 of the above link; (M27) Are muzzleloading cannons classified as destructive devices?
Generally, no. Muzzleloading cannons not capable of firing fixed ammunition and manufactured in or before 1898 and replicas thereof are antiques and not subject to the provisions of either the GCA or the NFA.
Ranb