Question about convicted felons and firearms.

[cslinger]

Now I am basically just letting my mind wander here so bear with me.

Black powder firearms are not considered firearms as far as the law is concerned so somebody who is a convicted felon or has a restraining order against them etc. can legally own and shoot these....Correct?

So what about if said person buys a conversion cylinder and to allow a BP revolver such as a Ruger Old Army shoot .45LC cartridges. Is the BP pistol now a firearm and therefore illegal or is it still considered a BP pistol?

I am neither a felon or under any restraining orders, I am just curious.

Chris

 

[P95Carry]

I can't remember but - does a cylinder purchase such as this need to go thru FFL? If not then I'd assume a felon could get one but in so doing would be immediately a law breaker.?

IMO the definition re cap&ball revo's as ''non-firearms'' is a moot one. They are firearms but just not from BATFE and purchase POV re the paperwork etc.

I think this has been discussed before Chris but darned if I remember any details.

 

[Gordon Fink]

Criminals don’t obey the law, so it is indeed a moot point either way.

~G. Fink

 

[P95Carry]

Gordon ... yeah probably very true, of ''active'' criminals.

But I took Chris's meaning here to refer perhaps to a ''light weight'' felon who had done time and come out - was prepared to go straight and try and be an upright person.

If however their felonious status precluded ownership or use of firearms then how would this shape up?

 

[Gordon Fink]

In that case, I’m sure a determined prosecutor could send the ex-con back to prison with minimal effort.

~G. Fink

 

[DMF]

Criminals don’t obey the law, so it is indeed a moot point either way.

[SARCASM]Yeah, darn straight. They don't obey the law, so all the laws are moot. So we should get rid of all the laws. Murder, might as well make it legal, same with rape, possession of stolen property, bank fraud, identity theft, burglary, incest, assault, etc, etc, etc. [/SARCASM]

 

[armoredman]

Black powder firearms are non-guns ONLY by BATFE for purposes of the GCA of 1968. I don't know about other states, but in AZ BP is still considered a firearm, and a NO-GO for felons.

 

[cslinger]

Yes my meaning was indeed more towards folks with restraining orders or "felons" who may have stolen a car when they were 18 or something.

I realize that real active criminals will do as they please.

Chris

 

[Trebor]

The latest FFL newsletter from ATF had a short article on something similiar to this question. Basically, if it has been converted to fire modern ammo, it's no longer a "non-firearm." And, certain black powder guns that are marketed with conversion kits from the manufacturer are considered firearms for the purpose of sale and possession.

 

[VARifleman]

I know that a felon can conceivably be restored voting rights, is that also true of gun rights? If it is, I can agree with that, as I don't think they would be restored without that former criminal prove that he isn't a danger to society anymore.

 

[DMF]

VARifleman,

Here is the answer to your question about relief from firearms "disability":

http://www.atf.gov/firearms/faq/faq2.htm#a10

Questions A10 and A11 cover the ways in which a convicted felon may seek relief from firearms disability.

 

[Flyboy]

Oh, good, it mentions the best part:

Since October 1992, however, ATF's annual appropriation has continuously prohibited the expending of any funds to investigate or act upon applications for relief from Federal firearms disabilities.

Be sure to thank your nice Congressmen and Senators!

 

[DMF]

Yes Flyboy, but you'll notice there are other alternatives. Also, as you pointed out people need to quit blaming the ATF for that one option not being available, and start electing Congressmen that will change how the budget gets written.

 

[whm1974]

in some states a felon after so many years can go to court and have his felony taken off his record.

-Bill