Can a Ex-Felon Own Black Powder Guns?

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Zeke Menuar

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A co-worker asked me this question and I didn't have the answer.

The co-worker in question was convicted of a non-violent Class A felony in Oregon. He is off supervision.

Can he possess old timey guns like flintlocks and other black powder firearms?

What about the newfangled in-line muzzleloaders?

Can a felon's gun rights ever be restored?

Thanks
ZM
 
I believe it depends on the state, but in most it's still allowed. Years ago I knew an old timer who had been convicted of something(I forget right now) who carried an old BP revolver everywhere he went. Perfectly legal then and I don't know of any changes since.

Getting rights "restored"? Ha!
 
I think it's legal for an ex-felon to have a black powder rifle. In Idaho at least. My buddy's son-in-law is an ex-felon (dope) and he hunts with one of those in-line muzzle loaders. It seems like it's called a "Knight," but I'm not sure. He has told me he can't legally carry a regular cartridge rifle.
 
As far as I am aware... (could be wrong, feel free to correct) most states don't care very much about BP ownership, far as that goes.

Michigan is apparently one of the exceptions, they do have some related controls.

It'd be helpful if someone more knowledgeable chimed in here.
(hint, hint :eek: )

-K
 
Emphatically no. Check local and state laws for what a firearm is described as. In AZ, felons in possession of a BP firearm will be treated the same as a cartridge firearm, all the time.
The funny/sad thing is, the only felons carrying BP would be the ones who are trying to be law abiding....
 
He is NOT an ex-felon. He IS a felon.

In my state he can't touch a gun.
 
Guys, I got this straight from the horse's mouth - a guy that did some federal time, and is a big hunter. Check with a *local* criminal defense lawyer to be sure, but apparently here's the deal in OK:

-Inline muzzleloaders using 209 primers ===> NO
-Traditional muzzeloaders using caps/nipples with external hammer, & black powder ===> YES, that is ok.
 
Texas

Texas Penal Code § 46.04. UNLAWFUL POSSESSION OF FIREARM.
(a) A person who has been convicted of a felony commits an offense if he possesses a firearm:
(1) after conviction and before the fifth anniversary of the person's release from confinement following conviction of the felony or the person's release from supervision under community supervision, parole, or mandatory supervision, whichever date is later; or
(2) after the period described by Subdivision (1), at any location other than the premises at which the person lives.
...
(e) An offense under Subsection (a) is a felony of the third degree. An offense under Subsection (b) or (c) is a Class A misdemeanor.


Texas Penal Code § 46.01. DEFINITIONS.
In this chapter:
...
(3) "Firearm" means any device designed, made, or adapted to expel a projectile through a barrel by using the energy generated by an explosion or burning substance or any device readily convertible to that use. Firearm does not include a firearm that may have, as an integral part, a folding knife blade or other characteristics of weapons made illegal by this chapter and that is:
(A) an antique or curio firearm manufactured before 1899; or
(B) a replica of an antique or curio firearm manufactured before 1899, but only if the replica does not use rim fire or center fire ammunition.
...
 
First of all, I may be completely wrong here, so I just want to state that for the record.

It is my understanding that any muzzle loading revolver, rifle, shotgun, etc., is NOT classified as a "Firearm" as we are referring to here, by the BATFE. Some states, however, might classify them as such.

Sam
 
What ever happened to "served his/her debt to society" , or "paid his debt to society" ??

With all the laws accumulating on the books anyone of us could someday count ourselves among the felons, ex-cons, whatever.

Frank James, John Wesley Hardin, got their guns back. Not that they were the best examples to get them back. As I understand it James did live out a honest productive life in L.A. California. John Selman fixed the mistake made in Hardin's case.

I did know a gunshop in Arizona that specialized in muzzleloader stuff and antiques because the owner couldn't have modern fixed ammunition firearms.
 
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Michigan does give felons back their right to a firearm although it affects their eligibility to carry concealed.

There's some legislation brewing right now that might concievably put an end to that, though..allegedly because of problems its causing with reciprocity with Texas, but I'm not so sure.
 
I dunno. What's an 'ex-felon'? Did he undo the damage he caused? Did he make whoever he hurt whole again? If not, he doesn't even deserve to be sucking oxygen IMO.
 
A great many states restore felons' voting rights; to the best of my knowledge, however, no states restore felons' Second Amendment civil rights.
Click to expand...

I have read in the Seattle papers about felons petitioning to have their gun ownership restored. Although I don't know the exact procedure, one argues the case in front of a county Superior Court judge and again based on what I read in the papers, several people have had their rights successfully restored. I don't know if they regain their carry permit back.

If I recall correctly, the majority of the people who are successful in having their rights restored are generally now pillars of the community, the felony was committed a while ago, and it was generally for non-violent crimes. In the local legal newsletters, I have read ads from attorneys that specialize in this area of the law.

Often the court petition is part of a package that also includes restoration of voting rights. This sticks out in my mind because of our recent conniptions over the governorship election and the court actions thereto. There were a lot of articles in the local media about felons voting, in most cases not knowing that they were not legally permitted to vote absent a court-ordered restoration of rights. So there was a lot of discussion about the civic rights of felons and the restorationt thereto, and there was some discussion about restoration of firearms ownership as well.
 
I dunno. What's an 'ex-felon'? Did he undo the damage he caused? Did he make whoever he hurt whole again? If not, he doesn't even deserve to be sucking oxygen IMO.
Click to expand...


Wow. it says up there it was for dope. i mean ok if he was a dealer, perhaps there was great damage to the world, maybe even as a possesor, by buying possibly foreign produced drugs , he helped fund terrorism (like all of us do at the gas pump).

But
he doesn't even deserve to be sucking oxygen IMO
Click to expand...

without knowing anything more than he commited a felony???

i suppose you have never EVER ever done anything that could possibly be construed as a felony? you never drove home a tiny bit drunk, never owned anything illegal whatsoever, nothing ever, in your whole life.

still- if we give death for felonies, wouldnt life in prison follow for misdemeanors? so - you have never commited a single misdemeanor ever???

or an infraction??/? ever littered?// broken the speed limit???

you belong in jail, you just got lucky so far

i suppose LE could say "oh laws dont apply to me" ok that's sounds very American.

i cna understand many types of violent criminals, not wanting to release them , heck at this point the thieves are making me scream bloody murder i have been robbed so often.

but this sentiment scares me
What's an 'ex-felon'? Did he undo the damage he caused? Did he make whoever he hurt whole again? If not, he doesn't even deserve to be sucking oxygen IMO.
Click to expand...
 
Back on topic please.

If you'all would refer to my original question. I never said what he did. He was concivited of a Class A felony in Oregon. Sounds like some folks are making things up as they go along.

If some of you wish to debate the moral/ethical side of a felon getting his gun rights restored, start your own thread and debate away. Leave my thread alone. I am looking for legal answers to a couple of specific questions.

I told him to join the NRA and have them refer him to a laywer.

ZM
 
I think I have posted this before...

But here you go. Don't know about State laws of course.

http://www.loompanics.com/Articles/LegalFirearms.htm

As for the rest of you guys. Personally if I am already labelled a criminal then I guess I am already a law breaker. What makes you think as a convicted felon, I am going to start keeping the law?

But as Zeke said start your own thread...
 
From the horse's mouth.

Well, sorry to still be sucking oxygen, what after turning myself in for a felony that no one even knew was committed. :fire:
I like Chuck Swindoll's quote "Why is it that the more conservative someone is, the less compassionate they become?" Every time I start to hope that's not the case, I run across something like that.

Back on topic:

There's the 411 from a felon ( :eek: ) in Minnesota: As of felons released from custody before August 10th 2003 (I missed this cut off by 2 days, grrr), 10 years after their last date of incarceration, they can legally regain their 2nd ammendment rights. After that date, this is no longer allowed. That means that while I get every other right back on February 3rd 2018, I don't get 2nd ammendment back w/o a judge's specific order.

Phantom Warrior and Slide Lock have probably already drafted the first round of that petition, but they're going to have to wait a while. ;)

As for black powder: In MN it used to be the case that felons could use muzzle-loaders, but that loophole was closed about 5 years ago, according to my PO. Since she's the woman w/ the discression to throw my butt in jail if I irritate her, I'm going w/ her word.
 
Sorry. I didn't realize it was just a BS drug possession charge. We attempted to decrminalize that here awhile back.

All he has to do is go into a store that sells BP and ask what the procedure is to buy one. If he has to fill out the yellow form (4473?), then he's screwed.
 
A person can be a "felon" for a variety of minor things. All felons are not baby killers. Make the punishments harsh for all real crimes and then let the person be free when they are out.
 
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