Felons and black powder guns

[Dave Markowitz]

Question for the practicing attorneys here (I'm an attorney, just not practicing currently.)

There is at least one court decision which holds that a black powder gun, in this case a replica of a Remington cap and ball revolver, is a "firearm." In U.S. v. Green, 515 F.Supp. 517 (D.Md. 1981) the court refused to grant the defendant's motion to dismiss an indictment for being a felon in possession of a firearm, based on its interpretation that the replica is indeed a "firearm" and a "handgun" that he was prohibited from possessing. This was in spite of the BATF's opinion that the replica wasn't a "firearm" that the defandant would be prohibited from possessing.

Could somebody Shepherdize this case and let us know if any other courts have followed this reasoning, or if it's been subsequently overturned?

TIA.

 

[pittspilot]

It's still good precedent.

It has been cited twice positively.

1) Markham v. U.S. Dept. of Treasury, Bureau of Alcohol, Tobacco and Firearms, 594 F.Supp. 9, 12 (E.D.Mich. Jun 09, 1983) (NO. CIV. 82-73219) HN: 6 (F.Supp.) (This was a cite to the sentencing regime in Green)

2) U.S., U.S. v. Thompson Center Arms Co., 1991 WL 530859 (Oct Term 1991) HN: 4,5 (F.Supp.) (This one seems more along the lines of what you are looking for)

 

[Atticus]

Sorry, I don't mean to hijack the thread...but after just recently buying a black powder rifle, I wondered about that myself. I also think it's interesting, that anyone can have a black powder gun delivered to their door- and yet they are rarely, if ever, used to commit crimes. Kinda shoots the whole gun control - stops crime theory right in the foot.

 

[Ol' Badger]

Remember to keep your Balls Greased when shoot'n Black Powder!

 

[P95Carry]

First off - I am no legal eagle!

Has always struck me as strange tho this distinction re the BATF categorization ... technically the front stuffers and cap and ball HAVE to be firearms ... 'explosive' gas producing propellant and projectile.

Only difference is in the ''assembly'' process .. but one loaded M/L rifle is just as lethal as one single shot ... shall we say T/C Contender.

Oh well .. I am still happy to have a cheapo repro cap and ball be delived to my door - with no hassles!

 

[Gewehr98]

I've heard something to that effect...

A truck driver friend mentioned that many of the long-haul tractor-trailer drivers, with the sleeper cabs, keep cap-and-ball revolvers in the cabs, cylinders loaded, but without the caps on the individual chamber nipples. Their tin of percussion caps is kept nearby. The idea is that the gun isn't considered loaded, or even a firearm, until the caps are put in. A technicality I'm sure, but when they're snoozing in the sleeper, parked at those truck stops or rest areas, they have 6 rounds of .44 caliber ball at their disposal once they load the caps on the chambers.