felons and black powder firearms


PDA






adam69b
February 1, 2012, 11:03 PM
i curently live in illinois where felons are not permitted to own or use BP firearms but i grew up in ohio where felons are not restricted the use or ownership of these hunting tools i curently own 7 acers of woodland in arkansas and was thinking of building on a portion of it can i leagely use BP guns in arkansas?


ps sorry for the spelling was never my strong suit

If you enjoyed reading about "felons and black powder firearms" here in TheHighRoad.org archive, you'll LOVE our community. Come join TheHighRoad.org today for the full version!
willypete
February 2, 2012, 01:00 AM
You might want to call the local DA or sheriff for this one.

d2wing
February 2, 2012, 07:00 PM
I don't think anyone on here wants to assist a felon get any kind of weapon. Sorry, but it sounds like a trick question.

jmstevens2
February 2, 2012, 07:07 PM
Talk to an attorney. They can help answer that or help attempt to get the rights restored if appropriate. I don't THINK under FEDERAL law it is legal anywhere otherwise. A gun forum is not the place to get an answer on that question.

ridgerunner1965
February 2, 2012, 07:10 PM
jus chek with your local law in ark. felon can mean a lot of things guys. if yu were young and dumb and stole a car when you were 18 and are now 45 and been clean since, i got no prob with it. a good buddy of mine was 19, passed out drunk in a car used to commit a felony.as a result he is now a felon. id prob call him if i needed someone to watch my kids. the law dont go on a case by case basis but i do.

jmstevens2
February 2, 2012, 07:18 PM
Hence my comment on getting an attorney who can initiate an action to have the right restored if appropriate.
There is a thread about a guy who had a DUI in MA or MD and since it has a POTENTIAL 2 1/2 year sentence he is prohibited. Stupid, but the law currently.

As to this guy, there is insufficient information to tell and frankly, if it were me, this would not be the place to discuss it.

Ryanxia
February 2, 2012, 07:25 PM
Something to think of too, a felon cannot own BP guns in my State but since it's not regulated anyone can go into a store and purchase one without even giving their name. So legally I believe a felon that hasn't had his rights restored cannot own a BP firearm, but in actually I think many do.

Lawyer with a Gun
February 2, 2012, 07:32 PM
This is not a question you can afford to get wrong. Since laws vary by state, your best (and only) option should be to consult an attorney in your state. All the best intentions on the internet are worthless when you find yourself before a judge.

Ohio Gun Guy
February 2, 2012, 07:42 PM
I think here in Ohio they are still classified as firearms. They just dont require a FFL to transfer, but still a firearm. Read that a while ago while reading up in the ORC.

firesky101
February 2, 2012, 11:55 PM
The way it has always been explained to me was it is not a firearm until you put the caps on it to fire it, then it is treated as a firearm. At least that is the case in my state. Get an attorney the price is worth restoring your rights.

rEVOLVEr VII
February 3, 2012, 12:14 AM
I don't think anyone on here wants to assist a felon get any kind of weapon. Sorry, but it sounds like a trick question

Nuff' said.

tarosean
February 3, 2012, 12:54 AM
quick search of AR weapon laws reveal that they dont specifically separate out Black Powder (antiques-curios).
I guess they treat them the same as any other firearm? definitely consult some with more knowledge thou...

Soapy5
February 3, 2012, 01:00 AM
There are many non-violent felonies one can commit. I do not see what the purpose of denying them the right to bear arms is. The person (atleast in theory) has served his sentence, and made amends with society. If denying the person the right to self-defense was to further punish the person, then they should be given a longer jail sentence or stiffer fines; unless a person has proven to be a violent and dangerous person, the loss of the right to bear arms is arbitrary and without purpose.

hermannr
February 3, 2012, 01:09 AM
I don't know what your problem was, but antique weapons (manufactured before 1898, or replicas of same...even in Canada) are not considered "firearms" for purposes of the NFA or GCA68 per federal law.

That said, some states see it differently. While you may not be in violation of Federal law, you may be in violation of state law. Much more hazardus to your freedom IMHO.

It is very possible (depending on your "felony") to get the record expunged and receive your civil rights back (like voting rights too). Sometimes you can do this yourself, but it normally takes a lawyer. look in your state law, Probably in the firearms laws, may be elsewhere, how to get your civil rights back.

In WA state it is in RCW 9.41.040 and 9.41.047 if you want to see a representitave example of that type of law. As long as it was not a violent felony, I would think you can probably find relief in your local state laws.

It Spokane County you file this: http://www.spokanecounty.org/loaddoc.aspx?docid=2401 Can be done without a lawyer. One copy to the superior court, one copy to the prosecutor (good Idea to talk to the prosecutor first to see if he will fight it), and keep a copy of everything,

While I have never filed one of these for myself, I do know they work.

maskedman504
February 3, 2012, 01:17 AM
I don't know what your problem was, but antique weapons (manufactured before 1898, or replicas of same...even in Canada) are not considered "firearms" for purposes of the NFA or GCA68 per federal law.


I would not want to attempt to explain that to a parole officer- even it is is legal, you may go to jail for a while, get charged with a parole violation, have to pay fines, lose your job, have a trial (even if it dismissed) etc. I would call a lawyer and the Attorney General of the State.

hermannr
February 3, 2012, 01:26 AM
I would not want to attempt to explain that to a parole officer- even it is is legal, you may go to jail for a while, get charged with a parole violation, have to pay fines, lose your job, have a trial (even if it dismissed) etc. I would call a lawyer and the Attorney General of the State.
That strictly has to do with local law. Some states are the same as the feds (FL for one) some states are not. In WA an antique firearm is defined and then never mentioned again...does that mean a felon may possess them here? I don't know. I would think so, but as you stated, it may be hazardous to your freedom...this is where lawyers come into play.

However, in Federal Law, pre 1898, they are not firearms. To that there is no question.

maskedman504
February 3, 2012, 02:00 AM
That strictly has to do with local law. Some states are the same as the feds (FL for one) some states are not. In WA an antique firearm is defined and then never mentioned again...does that mean a felon may possess them here? I don't know. I would think so, but as you stated, it may be hazardous to your freedom...this is where lawyers come into play.

However, in Federal Law, pre 1898, they are not firearms. To that there is no question.

True; I just think it would behoove anyone in the 'grey' area to ask questions.

I moved from Florida to Kansas with a insurance restriction for DUI. I got the exact same insurance in Kansas. I even used the same carrier. I had a 100k/300k policy requirment that had to be payed 6 months in advance. I moved to KS and got the same policy with the same company. However, when I cancelled the FL policy, the FL branch notified the FLDMV I cancelled and was unissured. I got a letter in KS saying FL was going to suspend my license. With computers nowadays, that would suspend my license in KS. I had to call the FLDMV and send in my old tag, registration and proof of my new residency along with my new insurance policy and write a formal letter I no longer resided in the state of FL. No one told me this upfront, I had to get the letters and react to them.

Long story short, ask the questions upfront and comply or you will be out some time/money; and this is just traffic stuff- felonies are much more consuming in time/money/effort and aggravation.

My point being is try to be proactive instead of reactive.

Lex Luthier
February 3, 2012, 07:39 AM
Suggest a little punctuation my friend. One needs to breathe a little when speaking and writing.

You should ask your attorney that question.

Robert
February 4, 2012, 08:43 AM
I am assuming he is talking about a modern black powder firearm not Great Grandpa's flintlock. Now that being said, I would still talk to a lawyer in the state you are interested in. AR in this case. Try to find one that deals with this sort of issue or has some knowledge of the issue and how the law pertains to it.

mec
February 5, 2012, 08:11 AM
The problem with asking questions of official sources is that the answers will often be weighted based on the prejudices and/or ignorance quotient of the official. In Texas, original guns made before 1898 or replicas there-of are specifically exempted from the firearms statutes and are not considered firearms. The state law defines "handgun" as a firearm designed, made or modified to be fired from one hand.
Strict reading of the law would indicate that it would be perfectly legal for a felon or anybody else to wear a Uberti Navy in plain sight. It is also legal under state law to sling a loaded AK47 and tiptoe through the tulips but neither scenario is likely to go over amongst the first responders.

If you enjoyed reading about "felons and black powder firearms" here in TheHighRoad.org archive, you'll LOVE our community. Come join TheHighRoad.org today for the full version!