It may seem like private American citizens can’t own a cannon. But that fact isn’t true, Americans can and still do own cannons.
In fact, muzzle-loading black powder cannons – meaning you load the tube from the front and push down the powder and cannonball – are generally legal to own, at least at the federal level.
Municipalities may have their own laws and restrictions.
However, most breach-loading cannons are considered destructive devices and are regulated much like a machine gun. That means they’re not technically illegal to own at the federal level, but require an extensive background check and owners need to pay a transfer tax and receive a tax stamp. Exceptions still exist at the state and local level.
An exception is made if the breach block – which allows the loading of the artillery piece from the rear of the barrel – is removed and/or deactivated.
That latter fact also helps explain how some Americans can own tanks with the main gun still intact – as it is deactivated.
Who Actually Owns the Tank?
Americans can even own tanks, but as with deactivated artillery pieces, there is also another very important consideration – namely that the owner must have the proper paperwork. While a deactivated artillery piece won’t need a tax stamp, it is important to know the chain of custody and that it is truly privately owned.
A recent story from Nitro, West Virginia serves as an example of how ownership may not be crystal clear. The town had obtained a First World War-era M1917 tank – an American-made version of the French Renault FT – from a Virginia VFW Post, only to have it stolen. That tank was to serve as a “Living Memorial to World War I,” but in 2005 was taken for restoration and refurbishment.
Instead of being restored, it was sold, and after changing hands a few times, it made its way to the National Museum of Military Vehicles in Dubois, Wyoming. According to a report from WCHS TV, the tank may not be owned by either the town or the museum, and instead may be the property of the United States government, specifically the U.S. Army Tank-automotive and Armaments Command (TACOM), Warren, Michigan.
Essentially, most (but certainly not all) tanks that sit outside the gates of U.S. military bases, in front of National Guard armories, VFW halls, various museums, and other buildings around the country are still owned by TACOM. The issue with the M1917 is that TACOM has been unable to provide proof of ownership, yet neither could the museum nor the town.
Nitro has essentially given up on getting its tank back, but there have been other cases where institutions have seen TACOM come calling.
The Army Donations Program
The TACOM Life Cycle Management Command (LCMC) qualifies what museums, veteran service organizations, parks, and other entities can receive donations of disabled military machinery.
“When all other functions are exhausted, the item will undergo a limited demilitarization process, guaranteeing the machinery can no longer be used for its intended function. Essentially, the item transforms from a weapon to a relic. It can then be repurposed into small monuments honoring the U.S. military and U.S. veterans around the world,” TACOM LCMC explained on its website.
“TACOM’s Army Donations Program office is responsible for 407,595 pieces of property valued at $2.6 billion across 33,000 organizations in 14 countries. These artifacts range from Revolutionary War cannons to M1 Abrams tanks. Proudly placed at historical museums, sites of remembrance, and more, each piece stands to commemorate those who served, educate those who will serve, and provide the public a piece of military history they can touch and see,” TACOM LCMC added.
As expected, there are very specific rules in place, and the items are never technically given, and instead are loaned in perpetuity – meaning the owner is still TACOM. The program is protected by U.S. law, under Title 10, U.S. Code 2572, which states organizations that qualify can conditionally receive a loan of a piece of Army combat equipment that is no longer in use. The receiving institution must pay for any necessary construction, notably a pad or pedestal for the piece to be displayed on, as well as the demilitarization and shipping costs.
“The program holds customers accountable for properly caring for the piece by reviewing a report and photograph of the equipment every year,” TACOM LCMC also noted. That has been another issue of debate, as tanks and other items that are displayed outside fall victim to the elements, and the U.S. Army can take back the item if it is determined it isn’t properly cared for.
Organizations must meet qualifications under Title 10, USC 2572, as well, which means that private property can’t simply be designated a memorial. In other words, you can’t claim your front lawn is a World War II memorial and then ask the Army to loan you a tank.
Another consideration is that items may not just be of U.S. manufacture. The U.S. military brought home captured items from various conflicts, including German field guns from the First World War. Those items may still be owned by TACOM.
Private Ownership of Tanks and Cannons
There are a number of individuals who own tanks and other items like field guns, and it is still possible to buy a tank today – but be warned, it can cost far more than a luxury sports car. The important thing to consider before buying such an item is whether it actually belongs to TACOM, or is truly a privately-owned item.
No one should take the seller’s word at face value.
“While there is plenty of ‘private ownership’ of armored fighting vehicles, those with a solid chain of ownership provenance are rare, but not impossible,” explained John Adams-Graf, editor of History in Motion, the official publication of the Military Vehicle Preservation Society. “For example, American-produced tanks have been sold to private owners by the United States’ allies. The vehicles have reentered the United States with well-documented changes of ownership. Armored vehicles produced by other nations have entered the United States on similar paths.”
Adams-Graf told ClearanceJobs that domestically obtained armored vehicles, as well as artillery pieces, are more difficult to document.
“In most cases, the U.S. military provided the pieces to municipalities or organizations decades ago as items on loan,” he added. “Over time, a recipient would forget that the vehicle or artillery piece was loaned to them, and that piece’s disposition was up to them. This is what leads to situations like the M1917 from Nitro.”
There have been cases where items, like an old field gun, have changed hands a few times, only for TACOM to track them down.
Adams-Graf recommended, “My best advice to someone preparing to purchase an armored vehicle or piece of ordnance is to first contact TACOM to see if the item is on their list of loaned items.”
