felon and a muzzleloader
12-31-2009, 03:45 PM
#12
Nontypical Buck
Join Date: Feb 2003
Location: North Carolina
Posts: 2,918
Reading this makes you think before you do something stupid that will follow you for the rest of your life.LOL
I was in Illinois some years back. I was going to buy a disabled friend a muzzleloader he couldn't afford and had been wanting one for as long as I can remember.When we went to pay for it the salesman pulls out a 4473 form.I said this is a BP rifle. He said I know what it is.Then he tells us doesn't matter in IL you have to fill the 4473 out.So I'm sure in IL a muzzleloader would be considered a firearm.
Actually I think when it comes to a Felon anything that shoots a projectile by some type of powder would be considered a firearm.
I live in NC now and they apparently have a thing against crossbows.There's restrictions in catalogs that they can't ship to NC. Go figure.
I was in Illinois some years back. I was going to buy a disabled friend a muzzleloader he couldn't afford and had been wanting one for as long as I can remember.When we went to pay for it the salesman pulls out a 4473 form.I said this is a BP rifle. He said I know what it is.Then he tells us doesn't matter in IL you have to fill the 4473 out.So I'm sure in IL a muzzleloader would be considered a firearm.
Actually I think when it comes to a Felon anything that shoots a projectile by some type of powder would be considered a firearm.
I live in NC now and they apparently have a thing against crossbows.There's restrictions in catalogs that they can't ship to NC. Go figure.
12-31-2009, 03:53 PM
#14
Nontypical Buck
Join Date: Oct 2007
Location: central and east texas
Posts: 4,894
in texas a muzzle loader is not a "firearm" unless it is capable of bein turned into a centerfire rifle. also in texas, if you have a felony and did not serve more than 364 days in jail, you may have a fire arm in your home.i e a pistol or rifle.
some states say a shot gun is legal for black powder seasons, but its a cenerfire right?
some states say a shot gun is legal for black powder seasons, but its a cenerfire right?
12-31-2009, 06:34 PM
#16
Boone & Crockett
Join Date: Feb 2003
Posts: 10,679
It depends on your state. Check with your states laws and regulations.
In Florida......
In Florida......
Use of firearms by felons
It is illegal in Florida for convicted felons to
possess firearms, including muzzleloading
guns, unless the convicted felon has had
his/her civil rights restored by the state’s
Clemency Board or the firearm qualifies
as an antique firearm under Florida statute
790.001(1). Properly licensed convicted
felons may hunt with bows, crossbows or
antique firearms per Florida statute 790
during hunting seasons when such devices
are legal for taking game.
The 2005 Florida Statutes Title XLVI,
Section 790.001(1) states “Antique firearm
means any firearm manufactured in
or before 1918 (including any matchlock,
flintlock, percussion cap or similar early
type of ignition system) or replica thereof,
whether actually manufactured before or
after the year 1918, and also any firearm
using fixed ammunition manufactured in
or before 1918, for which ammunition is no
longer manufactured in the United States
and is not readily available in the ordinary
channels of commercial trade.” The fact that
the firearm is an antique firearm is an affirmative
defense that the defendant has the
burden of alleging and proving [Williams v.
State 482 So.2d 1051 (Fla 1986)]. Convicted
felons should be cautious about being in a
location where a firearm is present as they
may be in constructive possession of that
firearm. Constructive possession occurs
when the person knows about the firearm
and is in a position to exert dominion and
control over that firearm. A felon who is riding
in a truck with other hunters who have
firearms with them may be in constructive
possession of those firearms, depending on
the circumstances.
It is illegal in Florida for convicted felons to
possess firearms, including muzzleloading
guns, unless the convicted felon has had
his/her civil rights restored by the state’s
Clemency Board or the firearm qualifies
as an antique firearm under Florida statute
790.001(1). Properly licensed convicted
felons may hunt with bows, crossbows or
antique firearms per Florida statute 790
during hunting seasons when such devices
are legal for taking game.
The 2005 Florida Statutes Title XLVI,
Section 790.001(1) states “Antique firearm
means any firearm manufactured in
or before 1918 (including any matchlock,
flintlock, percussion cap or similar early
type of ignition system) or replica thereof,
whether actually manufactured before or
after the year 1918, and also any firearm
using fixed ammunition manufactured in
or before 1918, for which ammunition is no
longer manufactured in the United States
and is not readily available in the ordinary
channels of commercial trade.” The fact that
the firearm is an antique firearm is an affirmative
defense that the defendant has the
burden of alleging and proving [Williams v.
State 482 So.2d 1051 (Fla 1986)]. Convicted
felons should be cautious about being in a
location where a firearm is present as they
may be in constructive possession of that
firearm. Constructive possession occurs
when the person knows about the firearm
and is in a position to exert dominion and
control over that firearm. A felon who is riding
in a truck with other hunters who have
firearms with them may be in constructive
possession of those firearms, depending on
the circumstances.
01-01-2010, 05:32 PM
#17
Typical Buck
Join Date: Feb 2006
Location: Tennessee
Posts: 686
http://www.atf.gov/publications/news...er-2005-02.pdf
Pages 2 & 3 address the issue on the federal level but, as bigbulls pointed out, the laws can be different at the state level.
Pages 2 & 3 address the issue on the federal level but, as bigbulls pointed out, the laws can be different at the state level.
Last edited by Chris W.; 01-01-2010 at 05:35 PM.
01-01-2010, 07:33 PM
#18
Spike
Join Date: May 2008
Location: South Central Pa
Posts: 43
I think if you live in NY ,IL,MI,NJ,MA you have the issue of there control even if its not using a cartridge sellers wont ship there to the individual . But there are states that will allow use of muzzeloading weapons by felons, under probation it is doubtfull of them letting you even have a bow and the arrows to go with it and you arnt going to have a muzzle loader but around here any how you can have them after you have served all your time and your not on probation. My friend has gone through it ,he does hunt with crossbow and muzzleloader now. He was convicted in one county lived in another and the county he lived said he could have a bow while he was on prob but the county he was convicted in had the say so he didnt hunt at all for quite awhile sometimes you gotta think before you do something stupid and at the end of it all he checked and dbl checked with them and he can use a muzzle loader.
Last edited by Lonehunter61; 01-02-2010 at 12:52 PM.
