Legal possession question?

[oldred]

First off I want to make it clear this is not a question about anyone or any case in particular but just a general "want to know" kind of thing.


A shooting friend of mine and I were discussing gun laws today and he asked me if it is legal for a non-violent offender to own a muzzle loader or C&B type weapon even if they are prohibited from buying modern firearms? I didn't have an answer and really had not thought about it one way or the other but found it to be an interesting question, any opinions on this?





:EDIT: Mods, I am having second thoughts about posting this in this section and thinking maybe I chose the wrong forum? If so please accept my apologies and move it to the proper section.

[jcwit]

Some states consider a muzzleloader a firearm, soooooooooooo?

[41 mag fan]

I thought that if a felon...no weapon of any kind. I thought this included a bow or bb gun even....maybe I'm wrong.

[bdicki]

Here in Massachusetts you can buy and own a muzzle loader even if you can't own a modern firearm. But you cannot buy primers or powder.
The hunting laws were set up so as you could not use a muzzle loader that needed to be transferred by an FID holder such as a TC Encore for muzzle loader deer season. This has been changed so Encores and other such guns are now legal for primitive deer season.

[w5pv]

If a felon,I don't think so.I don't think it is legal for them to even own a fixed bladed knife that is carried on the person.

[azrednek]

I do know of a former convicted felon that is an avid bow hunter and his probation officer is fully aware. He told me it could change with a different probation officer. He had a indiscretion with the law, felony pot possession over 25 years ago. Today he'd likely just get his wrist slapped.

[oldred]

Here in Massachusetts you can buy and own a muzzle loader even if you can't own a modern firearm. But you cannot buy primers or powder.
The hunting laws were set up so as you could not use a muzzle loader that needed to be transferred by an FID holder such as a TC Encore for muzzle loader deer season. This has been changed so Encores and other such guns are now legal for primitive deer season.



This is more along the lines of what I was asking and I should have included more info in my OP. That's basically what the question my buddy brought up was about, can a non-violent offender legally hunt during the BP/muzzle loading season or would legality of possession of even these types of weapons prevent him from doing so?

[bdicki]

It's hard to believe but it seems the law was set up so people that couldn't legally own a firearm here, with the restrictive laws that we have, could still hunt. They aren't limited to primitive arms seasons either, they or anyone, can use a muzzle loader during the shotgun season as well. I ordered a muzzle loader from Smith & Wesson (TC) and they shipped it to my house with no questions asked.

[km101]

It depends largely on state laws. In Texas there is no provision for "non-violent" offender. It goes by the level of the offense, eg. Felony or Misdemeanor.

A muzzle loader or C/B weapon is classified as a firearm, and is prohibited to own or possess.

[Bad Water Bill]

It's hard to believe but it seems the law was set up so people that couldn't legally own a firearm here, with the restrictive laws that we have, could still hunt. They aren't limited to primitive arms seasons either, they or anyone, can use a muzzle loader during the shotgun season as well. I ordered a muzzle loader from Smith & Wesson (TC) and they shipped it to my house with no questions asked.

Many dealers will not ship ammunition to a Cook county resident and I can not remember of anyone since 1968 getting ANY type of firearm SHIPPED to any Cook county address.

Not just a Federal or State thing as even your county can sell you down the river anytime they think they can get away with it.:evil:

[GOPHER SLAYER]

Twenty years ago I bought a Ruger Old Army and it was registered and I had to go through a waiting period just like any other handgun. I was also cautioned that you could not carry it loaded even though it was a cap & ball revolvor. Of course I do live in Kommifornia.

[Win94ae]

As far as the Federal government goes, a muzzle loader is an "Arm" which is protected by the Second Amendment; so they cannot "infringe." "Firearms" are not mentioned in the Bill of Rights.

[Ehaver]

I wouldnt even carry a folding knife if I was a convict... but I guess that kind of thinking is why I am not a Convict.

[1Shirt]

This will always be a big screwy ball of wax issue dominated by emotion rather than reality. Of course, we now have felons voting in some areas I understand-----so!!!!!! A kid smoking pot in his teens and getting caught and convicted is often a regional factor based upon the emotions of a judge. And that's another crock of c#@p. Would bet that there are members on this forum who tried at least smoking pot in their youth who didn't get caught. And don't forget we have two presidents:
Clinton and Obama who are admitted pot smokers in their youth! Would they be denied the right to own a firearm. I seriously doubt it! And don't forget that the outgoing head of TSA declared that a lot of veterans and vets with PTSD should be denied the 2nd Ammendment! As stated before, a whole bunch of this is just a crock!
1Shirt!

[unclogum bill]

Faced between packing for upcoming trip and playing on computer I spent 20 min. researching to find not much. Assume such person to be in Tennessee ,for the heck of it. Well if this person can obtain a driving licence he could get a hunting licence in that state. Now then where to go for another angle. No where. Fish and game would tell you its a law enforcement question and law enforcement will tell you they will get back to you: (but they wont). The answer is likely no. A firearm is a portable gun , being a barreled weapon that launches one or more... well you get the drift. Some states also use that "may not possess a weapon" which might say no slingshots, should they choose. Real answer would come from a research lawyer who would want greenbacks , and you would want it written on his letterhead before you paid.

[GREENCOUNTYPETE]

I have a cousin who was a non violent offender served about 2 years and has been out several more

he can and does bow hunt

but he can not gun hunt , thankfully Wisconsin now allows bow hunting during gun season so he hunts with us but carries his bow

could he mail order or walk into a store and buy a muzzle loader , sure , but he would be in violation of the law because it is a gun under the law it just isn't sold as a gun

now there have been people who have gotten a court order that says it is ok for them to have a very specific gun or muzzle loader to hunt with usually 5-10 years of clean living after having gotten out.
I have another cousin who works for a law firm and they are working on drawing up his paperwork asking for the use of a single shot shot gun or muzzle loader to hunt with.

[bosterr]

I personally know someone here in Pennsylvania with a felony on his record for the sale of weed (non-violent). He had it researched by a lawyer whose expertise is criminal law. He said NO FIREARMS OF ANY KIND. Bows and crossbows are ok.

[fishnbob]

In Virginia, a muzzle loader is a firearm and cannot be in the possession of a convicted felon. I know a guy who pulled 6 years over that and the muzzle loader was not operable.

[wch]

Years ago I worked in a gun shop; we had a customer come into the store with a letter from the DOJ stating that he had been convicted of a nonviolent felony (passing bad checks across state lines) and that he was permitted to buy a "hunting rifle" which we sold to him.