Question on ownership BP Inline


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lonewolf5347
July 5, 2009, 02:47 PM
I have a question seem some time back a good buddy got arrested on a felony theft and did serve some time a while back.I know he did a 360 turn around and has not been in any trouble for the last 4 years:seem he learned his lesson.I wonder if he can hunt and own a inline black powder rifle(legal)??

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deadin
July 5, 2009, 02:53 PM
BP Inlines are considered as modern weapons. So if he can't possess a M94 Winchester, he can't possess an Inline.

ArmedBear
July 5, 2009, 03:22 PM
That would depend on the state.

Some states define a "firearm" as anything that shoots a bullet using an explosive charge. Others define it as something that uses fixed cartridge ammunition.

I'm not sure which states define a "modern muzzleloader" as a modern firearm, though. I'm not sure if there are any that make that distinction.

Fish and Game laws are a different matter - but they govern whether you can use a particular gun in a SPECIAL SEASON for muzzleloaders.

In-lines aren't eligible for special muzzleloader seasons in Idaho, nor, AFAIK, in Oregon or Washington, and probably a growing number of other places. That has nothing to do with whether felons can use them during regular rifle season, though.

Contact your state attorney general's office, or whoever handles firearms law, or parole, or whatever is relevant to your friend.

deadin
July 5, 2009, 04:13 PM
I'm not sure which states define a "modern muzzleloader" as a modern firearm, though. I'm not sure if there are any that make that distinction.

That's probably because it is Federal Statutes that make the determination.
They do not meet the definition of "Antique or Replica Thereof", so they have to be considered "Modern".

ArmedBear
July 5, 2009, 04:20 PM
That's probably because it is Federal Statutes that make the determination.
They do not meet the definition of "Antique or Replica Thereof", so they have to be considered "Modern".

IANAL, but I can order an in-line through the mail like a DVD. Federal law does not define the things as modern firearms.

Do you know of a specific Federal statute that pertains only to felons? I don't know of one, but maybe you do.

If you're talking about Federal law regulating firearms in general, muzzleloaders, including in-lines, are not considered "firearms" at all.

Some states prohibit felons from shooting muzzleloaders, but AFAIK there's no special exemption for sidelocks.

See this, also:
http://wiki.answers.com/Q/What_are_the_laws_pretaining_to_antique_firearms_and_felons

You need to find out what the laws are in your state.

Flyboy
July 5, 2009, 04:57 PM
Your friend is trying to operate along the edges of the law. That's not a bad thing--if something is legal, that should be the end of it, and we should support him exercising his rights.

Nonetheless, there is a certain amount of risk in doing so. He should not take legal advice from an internet forum. Consult an attorney of competent jurisdiction with experience in firearms law. If you post his location, I'm sure somebody can pass along a referral.

Playing on the edge has to be done with care. Have him consult an expert so that he doesn't miss some minute detail that's the difference between "perfectly legal" and "felon in possession." Lawyers aren't cheap, but they beat the hell out of prison time.

riverrat373
July 6, 2009, 05:19 PM
He might also petition the courts to get his 2nd amendment rights restored. There are lots of attorneys who specialize in that.

NukemJim
July 7, 2009, 07:46 AM
Obligatory IANAL

He might also petition the courts to get his 2nd amendment rights restored.

My understanding is that the section of BATFE that can restore your 2A rights is not available due to lack of funding by congress. SCOTUS has ruled this legal.

Therefore the only way to get 2A rights back is to get a pardon or in some other fashion remove the felony conviction from the record.

I believe that some states have different mechanisms for allowing exfelons to regain rights but since GCA68 covers the whole country it is the federal .gov that is the problem.

As always I could be wrong.

NukemJim

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