Felony conviction/hunting/muzzle loaders

[ScottsGT]

Coworker has a delimma. About 15 years back he was convicted of a felony DUI. His girlfriend died because of his stupidity. He did his time, now he has a record.
Fast forward to modern times. He now loves to hunt. I informed him he better not be caught, or he will be back in prision. He has taken my advise and has gone to using a bow. He really dislikes it and wants to use a firearm. He could get a pardon, but he does not want to drag the mother of the girl that died in the car accident through it all again, since he has to go to her to get her blessings to get the pardon. He said they are still on very good terms, he just cannot make her re-live it again for his own pleasure. So we were discussing that you can buy muzzleloaders without an FFL, and we were wondering if he could use a muzzle loader with his conviction? And I have no idea as to where to look within the SC legal codes to find this info.
Any tips??

 

[Dave Markowitz]

Note: I am a lawyer, but not your lawyer or your friend's lawyer. The following is presented purely for the sake of discussion and background information. It is not legal advice.

Strangely enough, the last I checked into this, the opinion of the BATF was that felons were NOT prohibited by FEDERAL law from owning muzzleloaders by GCA-1968.

This is probably a "loophole," but not necessarily. 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 defendant would be prohibited from possessing.

As of January this year (the last time I checked), Green was still good caselaw in Maryland.

What your friend should do is seek the opinion of a local attorney familiar with both Federal, state and local firearms laws as they apply to felons.

Since you're in SC, you may wish to contact David Kennison, who may be able to get you in touch with a local attorney. David's # is 803-772-3317 and his email address is [email protected].

 

[1911Tuner]

Felons and Smokepoles

Howdy Scott,

I'm pretty sure that there are no federal restrictions on owning a muzzle loading rifle...or revolver either for that matter. They can be bought with about the same paperwork as a toaster oven at Wally World...but just to be sure, he might want to check to see if there are any local statutes that would restrict the possession of a primitive weapon by a convicted felon.
Might also be a good idea to check to see if there were any specifically named restrictions as a condition of his parole.

On the other side of this...since a felony conviction can cause other problems not related to pleasureable pursuits, he might want to consider
talking with the girl's mother to see if she would be willing. Since they're on good terms...and she knows that it was a tragic accident that happened
during his foolish youth....even money says that she would probably give the go-ahead, especially if it was his only drunk driving conviction and he's grown to be a responsible citizen over the years.

Very sad situation. Says a lot for not drinking and driving. I could probably forgive something like that, but it would take a while...

Luck!

Tuner

 

[gezzer]

In NH he would be arrested for the bow, for lying on the license, (HL has clause telling about felons) Any knife he is carrying ect.

He would need the pardon from the Gov.

 

[joebogey]

I think Ky also allows a felon to own a muzzle loader, as they are not considered a firearm as we know it.

 

[rbrowning]

In Michigan a firearm is "any weapon from which a dangerous projectile may be propelled by using explosives, gas or air, as a means of propulsion, except any smooth bore rifle or handgun designed exclusively for propelling BB's not exceeding 177 caliber by means of spring gas or air". Even a pellet gun is considered a firearm.