Are felons prohibited from owning muzzle loaders?

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Alright guys, for the purpose of the question, assume that the person is a felon, did not harm anyone, and completed their full sentence already.

Someone on parole for the rest of their life is a whole other situation.
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only by a hair, really. A felon is a felon is a felon, unfortunately. Yes, parole may carry a few more restrictions but in the case of firearms, they are negligible.

California, of course, makes sure to include muzzle loaders in the definition of firearm in various ways >>"firearm" also includes
any rocket, rocket propelled projectile launcher, or similar device
containing any explosive or incendiary material whether or not the
device is designed for emergency or distress signaling purposes:
(1) Section 16750.
(2) Subdivision (b) of Section 16840.
(3) Section 25400.
(4) Sections 25850 to 26025, inclusive.
(5) Subdivisions (a), (b), and (c) of Section 26030.
(6) Sections 26035 to 26055, inclusive.
(d) As used in the following provisions, "firearm" does not
include an unloaded antique firearm:
<<<BUT does not include UNLOADED antiques- by definition, once loaded it is a firearm, unloaded it is not. Given that gunpowder could be construed as ammo, and that weapon parts and ammo are included in the Federal ban, you can assume they are included in state bans as well
again Fed law says OK, states vary.
 
At my concealed carry class, the instructor told us we don't need a permit to carry on our own property. This includes our front yard. And also in any vehicle that is a domocile...as in campers and motorhomes. I said "what about tents?" The instructor said you can have weapons and firearms in your tent too.

I said "ok, then how about this?": "I take a pup tent, and roll it up in the shape of a holster and wrap it with duct tape. then strap it to my waist and put my revolver in it. Then walk around town. You said I could do it right?"

He wouldn't answer me.
 
Do you really think a judge and / or jury is going to go along with such a mere technicality?
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Hate to be blunt, but the entire legal profession basically boils down to technicalities. Federally, and in most states, muzzleloaders are not considered firearms. Federally, and in most states, black powder substitutes are legally considered propellants, NOT explosives (and that's a legal distinction that is specifically codified).

The law is the law. As always you have to check your own state laws, which makes the question a bit difficult to discuss in the hyopthetical sense as to really delve into it we'd need to focus on the specific state in question.
 
Joe Demko,

Why sir do you want to spend the time arguing with NavyLT, when you could be checking "your" state laws and statuet's? The man has asked many questions, but answering a question with another question is NOT answering his question to you. The LT said he had some time on his hands, but dang son, you expect him to have all laws for each state for you to kick thru? Get serious!
 
mgmorden said:
Hate to be blunt, but the entire legal profession basically boils down to technicalities. Federally, and in most states, muzzleloaders are not considered firearms. Federally, and in most states, black powder substitutes are legally considered propellants, NOT explosives (and that's a legal distinction that is specifically codified).

The law is the law. As always you have to check your own state laws, which makes the question a bit difficult to discuss in the hyopthetical sense as to really delve into it we'd need to focus on the specific state in question.
Click to expand...
On the other hand, they can argue intent of the law, and if a judge finds intent to be there, he can allow the case to proceed.
 
Rail Driver" said:
TommyGunn said:
There's a lot of "wiggle room."
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Not if the ATF or local LEOs are knocking on your door. Just my $0.02, nothing more. I'm not a lawyer yet (still working on it) but I know enough not to push the envelope where the ATF is concerned (for the most part) and where firearms are concerned. Sure it's jurisdiction dependent. I should have specified, however in those jurisdictions in which it matters, they're not likely to be lenient.
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G. Gordon Liddy is already a lawyer. You might suppose he knows about the laws in his jurisdiction, and what he can and cannot do.
Anyhow, I wouldn't be pushing envelopes where the BATFE is concerned, save for the fact I'd like to see them disbanded, decommissioned and expunged .... but that's another thread I guess.....
 
Why sir do you want to spend the time arguing with NavyLT, when you could be checking "your" state laws and statuet's? The man has asked many questions, but answering a question with another question is NOT answering his question to you. The LT said he had some time on his hands, but dang son, you expect him to have all laws for each state for you to kick thru? Get serious!
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I have checked my own state laws and did so previous to this thread. My point has been twofold:
1. Federal law isn't the final word on this. Each of the 50 states has their own laws and those must be taken into account. Anybody making a blanket pronouncement of "yes" is not looking at the whole situation.
2. If you are a person to whom this is personally important, you need legal advice from a lawyer who is familiar with your state and local laws. The man who represents himself has a fool for a client, but the man who relies on a layman's google-fu for legal answers is an even bigger fool. Yes, I am just some guy too; but don't let your decisions rest on which guy's answer you prefer to hear.
 
A lot of the responses seem to be in response to a felon committing felonies with a blackpowder weapon, that's not the topic of discussion, I like a little thread veer as much as the next guy but that direction is irrelevant and unproductive.

I guess I'll see about finding a list of states that specifically prohibit felons from exercising their federal right to own antique firearms.
 
Vermont has no laws regarding convicted felons and weapons.

As far as the state of Vermont is concerned, Hannibal Lecter can walk through town with a phased plasma rifle in the 40 watt range, and no one gives a good golly.

In Vermont, one's possession of weapons, any weapons, (barring certain prohibited locations) is completely unregulated, if you are over 18 years of age.

The only limitation is federal law.
 
black powder guns can be just as dangerous in the hands of criminals as cartridge firing guns. however you can buy black powder guns with no paperwork or other BS. i have ordered a blackpowder firearms before, i placed the order with my papa, 6 days later it came and was handed to me all wrapped up by my mailman. there was no paperwork, no forms to fill out, no waiting period. by law they are antiques, not firearms.
 
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