Can a Ex-Felon Own Black Powder Guns?

[Glocker]

Some of you guys make me sick most of you guys are felons that did not get caught at what you are doing your selves, you preach a high and mighty sermon but take a look at your self in the mirror. and to answer some of the questions "YES" you can get your rights back and your rights to carry a side arm, i'm proof of that and if you don't like it.... come to my door and try to take them away and see what happens

 

[armoredman]

Ok, Oregon I am not sure, but to remove doubt, here is AZ law - the gunshop guy someone refferred to could be in trouble...these are from AZ revised statutes.

13-3101. Definitions
4. "Firearm" means any loaded or unloaded handgun, pistol, revolver, rifle, shotgun or other weapon that will expel, is designed to expel or may readily be converted to expel a projectile by the action of an explosive. Firearm does not include a firearm in permanently inoperable condition.

No exception listed.

6. "Prohibited possessor" means any person:....
(b) Who has been convicted within or without this state of a felony or who has been adjudicated delinquent and whose civil right to possess or carry a gun or firearm has not been restored.
(e) Who is a prohibited possessor under 18 United States Code 922(g)(5), except as provided by 18 United States Code 922(y).

As for this one...

Some of you guys make me sick most of you guys are felons that did not get caught at what you are doing your selves, you preach a high and mighty sermon but take a look at your self in the mirror.

No, I am not. Period. Sorry you are. I know felons both released and still incarcerated who I wouldn't mind having over for dinner. I know many many more I would prefer to spontaneously stop breathing, preferrably right now.

"YES" you can get your rights back and your rights to carry a side arm, i'm proof of that and if you don't like it.... come to my door and try to take them away and see what happens

I have been told that it is theoretically possible to regain 2A rights, but since Congress defunded ATF for that activity, it has become virtually impossible. If you did so legally, good for you. We all know that criminals don't care about gun laws anyway....
Who said anything about coming to your door for anything?


Just to be completely fair, I just located this gem in AZ law....

13-912.01. Restoration of civil rights; persons adjudicated delinquent

A. A person who was adjudicated delinquent and whose period of probation has been completed may have his right to possess or carry a gun or firearm restored by the judge who discharges the person at the end of his term of probation.

B. A person who was adjudicated delinquent and who has been discharged from probation, on proper application, may have his right to carry or possess a gun or firearm restored by the judge of the juvenile court in the county where the person was adjudicated delinquent or his successors. The clerk of the superior court shall process the application on the request of the person involved or the person's attorney. The applicant shall serve a copy of the application on the county attorney.

C. If the person's adjudication was for a dangerous offense under section 13-604, a serious offense as defined in section 13-604, burglary in the first degree, burglary in the second degree or arson, the person may not file for the restoration of his right to possess or carry a gun or firearm until the person attains thirty years of age. If the person's adjudication was for any other felony offense, the person may not file for the restoration of his right to possess or carry a gun or firearm for two years from the date of his discharge.

13-910. Applications by persons discharged from federal prison

A. Upon proper application, a person who has been convicted of two or more felonies and who has received an absolute discharge from imprisonment in a federal prison may have any civil rights which were lost or suspended by his conviction restored by the presiding judge of the superior court in the county in which he now resides.

B. A person who is subject to the provisions of subsection A of this section may file, no sooner than two years from the date of his absolute discharge, an application for restoration of civil rights that shall be accompanied by a certificate of absolute discharge from the director of the federal bureau of prisons, unless it is shown to be impossible to obtain such certificate. Such application shall be filed with the clerk of the superior court in the county in which the person now resides, and such clerk shall be responsible for processing applications for restoration of civil rights upon request of the person involved or his attorney.

C. If the person was convicted of an offense which would be a dangerous offense under section 13-604, the person may not file for the restoration of his right to possess or carry a gun or firearm. If the person was convicted of an offense which would be a serious offense as defined in section 13-604 the person may not file for the restoration of his right to possess or carry a gun or firearm for ten years from the date of his absolute discharge from imprisonment. If the person was convicted of any other felony offense, the person may not file for the restoration of his right to possess or carry a gun or firearm for two years from the date of his absolute discharge from imprisonment.

For more info, see here - http://www.azleg.state.az.us/
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[Glocker]

OH YES YOU ARE

 

[2nd Amendment]

Everyone on this board is a felon, especially the guy who says he's not. The government likes it that way. That's why they created such a situation for us all to live in. It's just a matter of whether they have caught and convicted you on something yet(or whether they've actually made up the "offense" at this point).

2A - Proud unconvicted felon.

 

[NukemJim]

Everyone on this board is a felon,

The government likes it that way. That's why they created such a situation for us all to live in. It's just a matter of whether they have caught and convicted you on something yet(or whether they've actually made up the "offense" at this point).

I agree with both of the above if you define felon as someone who has commited an act that could be charged as a felony. Any one who thinks different should spend a few days reading law books. Heck when I was a teenager in Indiana (Hmm... Arts grandma is still around ) "self pleasuring" was a felony ! It was listed with a number of other "variations" shall we say. But the point is that made "felons" out of 99% of the population. There were many other such silly laws but they were ( this is a long time ago ) on the books. I am certain that there still are different ones now.

Instead of enforcing the laws the .govs just want to make the punishment worse so the laws will deter without spending the money on enforcement/punisment/rehab. End result is that more people cannot own/use guns now. I cannot tell you how much that upsets the .gov NOT :banghead:

From my understanding ( IANAL ) the Lautenberg ammendment ( Domestic Violence) can be invoked over a verbal argument with no threats of violence in some states. Lifetime bann on firarms ownership seems like a excessive punsihment for a non-threating verbal disagrement.

Claire Wolf is right " America is at that awkward stage"

NukemJim

 

[thorn726]

I agree with both of the above if you define felon as someone who has commited an act that could be charged as a felony. Any one who thinks different should spend a few days reading law books.

boy think about not only that- but what about state differences=
like how many of you are fine where you are but raging lunatic assault felons in CA.

Sorry. I didn't realize it was just a BS drug possession charge. We attempted to decrminalize that here awhile back

nice to see people actually take the high road, thanks!!

sorry i got so stirred up by your comment Riley

 

[45crittergitter]

Some clarifications:

Most felons are NOT "ex-felons." One would have to have his/her conviction overturned or something.

I don't think technically one is a felon unless he/she has been convicted. Committing a felony and getting away with it does not make one a felon.

 

[Chuck Dye]

The Oregon Revised Statutes section 166.210 (2) defines a firearm: (2) “Firearm” means a weapon, by whatever name known, which is designed to expel a projectile by the action of powder and which is readily capable of use as a weapon.

Section 166.270 makes possession of a firearm by a felon a crime: 166.270 Possession of weapons by certain felons. (1) Any person who has been convicted of a felony under the law of this state or any other state, or who has been convicted of a felony under the laws of the Government of the United States, who owns or has in the person’s possession or under the person’s custody or control any firearm commits the crime of felon in possession of a firearm.

166.270 does offer relief: 4) Subsection (1) of this section does not apply to any person who has been:

(a) Convicted of only one felony under the law of this state or any other state, or who has been convicted of only one felony under the laws of the United States, which felony did not involve criminal homicide, as defined in ORS 163.005, or the possession or use of a firearm or a weapon having a blade that projects or swings into position by force of a spring or by centrifugal force, and who has been discharged from imprisonment, parole or probation for said offense for a period of 15 years prior to the date of alleged violation of subsection (1) of this section; or

(b) Granted relief from the disability under 18 U.S.C. 925(c) or has had the person’s record expunged under the laws of this state or equivalent laws of another jurisdiction.

(5) Felon in possession of a firearm is a Class C felony. Felon in possession of a restricted weapon is a Class A misdemeanor. [Amended by 1975 c.702 §1; 1985 c.543 §4; 1985 c.709 §2; 1987 c.853 §1; 1989 c.839 §4; 1993 c.735 §2; 1995 c.518 §1; 1999 c.1040 §16; 2003 c.14 §64]

 

[rudolf]

Folks, I don't understand the problem.

There is somebody who comitted a crime, and paid for it. Now he's obviosly become wiser and wants to stay legal. Why not help him stay legal?

The folks you're referring to wouldn't care, they'd just own illegally. This guy obviously now cares for the law! What's wrong with that?

 

[Glocker]

rudolf.................... you are right, good reply, and thank you !

 

[scout26]

Not in Illinois. They are considered firearms.

 

[racenutz]

Not in Iowa http://www.state.ia.us/government/dps/asd/wp/

Black Powder Firearms

Black powder firearms (rifles, shotguns and handguns) are defined as dangerous weapons in the Code of Iowa, section 702.7. Therefore, they are considered the same as modern weapons for the purpose of permits to carry. Under federal law and state law, black powder firearms are classified as antiques. Neither permits to acquire nor federal instant checks are required.

Black powder firearms cannot be in the possession of convicted felons.