Are airguns legal for felons

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DGEMHT

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I had a case 10 years ago that left me a felon. I am a 60 year old disabled veteran and would like to take my grandson rabbit hunting. I know since the federal change in terminology of a firearm, black powder guns are now illegal. I have not been able to determine 100% that i would be legal to have a pellet pistol/rifle. Can someone tell me the law?
 
A felon can own an airgun under federal law. Local or state laws may be more restrictve, but an airgun does not meet the federal definition of a firearm, and therefore barring any other restrictions, a felon can own one
 
In Illinois, air guns over .177, or with muzzle velocities over a certain figure (I forget if it is (600 or 700 fps) are treated the same as firearms. Don't know where OP lives but there is an example for you of possible restrictions.
 
As noted above you're going to have to check your state for any possible restrictions. It might just be me - but I'd expect to find a few in states run by Democrats....

As far as hunting small game goes, if you're allowed -then something in 22 cal pellet would be just the ticket for rabbit, squirrel, etc. I still have, fifty years later, the old Benjamin single shot pump air rifle that I killed a lot of small game with as a boy. One of these days it's going to my son, for use by one of his sons.... the oldest one is eight.

Be a hero... take a kid hunting (or fishing...).
 
I'm trying to assemble a collection of pump up vintage air guns for my grandkids, who need more "outdoor" time and less "technology" time. So far, my old Benjamin from 1958 (rebuilt at the factory 20 years ago), a Sheridan Blue Streak, and a Crosman 22. Along with those is a RWS 177, Crosman Nitro 22, and a Benjamn Trail 25. A few Daisy air rifles are still in their boxes, 25, Red Ryder.
Oops, looks like I have one more air gun than grandkids. Better stop collecting and start shooting.
 
In Arkansas you would be fine.
I had a guy come to the office the other day and ask the same question. He was a felon and wanted to purchase an air rifle for his son for christmas.

I thought he would be fine, but I don't have the authority at work to give someone the green light on something like that as I am not an attorney yet.
I got one of the deputy Prosecutors advice and he advised that it was fine. In Arkansas it is okay because the law states that a felon cannot own a weapon that propels a projectile by means of an explosive or burning propellant. Air is neither and thus is not prohibited.

Your state may look at it differently.
 
State Laws vary greatly. Without posting what State you live in this topic is meaningless.

I assume you are no longer on probation or parole.

I suggest you start with a letter to your state's attorney generals office and get his/her opinion in writing from their legal department.
 
Town I live in folded air rifles and slingshots into firearms regulations but allows, sometimes seems to endorse, open and concealed carry. I can carry a .357, but a slingshot in my back pocket can get me a talking to downtown.
Go figure,


blindhari
 
Are you sure BP is out? I was under the impression a felon could own black powder guns as well as air guns, etc.

If not (due to state regs, etc.) you could always learn to bow hunt. You won't get nearly as much small game but you will appreciate the critters you bring home.
 
I can say that New Jersey considers airguns (as well as black powder guns) as a regular firearm.
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You may want to seriously look into whether black powder ownership is legal in your state, in many states it is legal to own as long as it meets the definition of an antique. Antique meaning

A. Any firearm (including any firearm with a matchlock, flintlock, percussion cap, or similar type of ignition system) manufactured in or before 1898; and

B. Any replica of any firearm described in subparagraph (A) if such replica
is not designed or redesigned for using rimfire or conventional centerfire fixed ammunition, or

C. Any muzzle loading rifle, muzzle loading shotgun, or muzzle loading pistol, which is designed to use black powder, or black powder substitute, and which cannot use fixed ammunition. For purposes of this subparagraph, the term antique firearm shall not include any weapon which includes a firearm frame or receiver, any firearm which is converted into a muzzle loading weapon, or any muzzle loading weapon which can be readily converted to fire fixed ammunition by replacing the barrel, bolt, breechblock or any combination thereof.

As to your original question about "air rifles" like others have said, it would be very helpful if you were to let us know which state you reside in. and to your
 
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I thought black powder muzzleloaders were legal for ex-cons and felons? The only state I know that has a fit about muzzleloaders is NY and even then it's just for pistols.
 
In Illinois, air guns over .177, or with muzzle velocities over a certain figure (I forget if it is (600 or 700 fps) are treated the same as firearms. Don't know where OP lives but there is an example for you of possible restrictions.
Indeed. Much to my dismay, when me and my 'ol Peepaw tried to order a Reminton .22 caliber air rifle from Midway, we could not since Illinois considers it a firearm!! Sorely disappointed, Pops bought the .177 after I left and it's a nice smooth shooting gun.

OP, I wish you luck. I know that being a "felon" immediately puts a stigma on you, but know that through the strength and will of Jesus Christ you can overcome your past. It seems that at least some airguns are legal for you, I recommend getting one and taking your g-son rabbit hunting.
 
Have to chime in a second time.... BSA's advice to ask for a letter from your state's attorney general (every state's attorney general does this on every topic almost daily...) before going ahead is very good advice. I'd have an attorney (even the greenest kid out of law school) write the letter formally requesting a ruling. The response may be slow in coming but will cover you fully if they say you're allowed to have one (an additional benefit is that usually each state's attorney general will usually publish the results of this kind of question and make a point of notifying every law enforcement agency of the guidelines, if any..).

Back when I was in police work those kind of advisories were always part of in-service training bulletins for every officer...
 
In Illinois, air guns over .177, or with muzzle velocities over a certain figure (I forget if it is (600 or 700 fps) are treated the same as firearms. Don't know where OP lives but there is an example for you of possible restrictions.

Larger than .177 can't be over 700 fps. Soooooo, a 1,400 fps .177 air rifle is fine.
 
BSA1 said:
. . . .I suggest you start with a letter to your state's attorney generals office and get his/her opinion in writing from their legal department.
lemaymiami said:
Have to chime in a second time.... BSA's advice to ask for a letter from your state's attorney general (every state's attorney general does this on every topic almost daily...) before going ahead is very good advice. I'd have an attorney (even the greenest kid out of law school) write the letter formally requesting a ruling. The response may be slow in coming but will cover you fully if they say you're allowed to have one (an additional benefit is that usually each state's attorney general will usually publish the results of this kind of question and make a point of notifying every law enforcement agency of the guidelines, if any..).

Back when I was in police work those kind of advisories were always part of in-service training bulletins for every officer...
I don't know where you guys live, but in Arkansas, Joe On The Street can't get an AG opinion. The AG is in the Executive Branch of government, and her opinions are limited to responding to specific requestors (i.e., government officials). She CAN'T legally issue an opinion to the greenest kid out of law school, unless that kid has been elected to something. I suspect that it is the same way in almost every state, or the AG's offices would be completely swamped with citizen requests for opinions.

With that said, AG opinions are often available online in a searchable format, so the OP could go to his or her AG's website and search to see if anybody who is eligible to get an AG opinion has asked this question in the past.
 
This is not a question to be answered by folks on a forum or through DIY research. Hire an attorney who practices criminal law in your state and who ideally specializes in firearms laws. Pay for his or her advice. Enjoy shooting whatever you legally can, carefree in the knowledge that you are on safe legal ground. Happy hunting!
 
In New Jersey a BB rifle is treated as any other rifle regardless
of caliber and a BB pistol is treated as a pistol same as if it was
a .45 Auto. You can get in trouble real easy in that State. In my
humble opinion, no one should live there.

Zeke
 
At the risk of going against the above good advice, I will note that while most states make a distinction between modern firearms and antiques or replicas of antiques and air/gas guns, the criminal codes usually do not, just referring to deadly or dangerous weapons. So someone can buy a BP revolver or an air pistol with no restrictions, but carrying it concealed or using it in a robbery or assault is the same as if it were a modern Glock.

Jim
 
I thought black powder muzzleloaders were legal for ex-cons and felons? The only state I know that has a fit about muzzleloaders is NY and even then it's just for pistols.

Oregon also restricts them, sadly.
 
"She CAN'T legally issue an opinion to the greenest kid out of law school, unless that kid has been elected to something."

WA is the same.

And I think issuing opinions is still optional. I believe some WA legislators asked the AG for clarification on I-594 (the Bloomberg background check initiative) and the AG announced he won't be issuing any opinions about 594.
 
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