Felon with a muzzleloader

S

superpelly

New member
Can a Felon have or use a muzzle loader during rifle season? Or black powder pistol? This question came up recently. My neighbor who is a felon (driving drunk and crashed is car and paralyzed somebody) he misses hunting but can't have a firearm. I said maybe you can use a muzzle loader. He was going to check it out but was just curious.
 
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First, I hope your neighbor has learned his lesson. Drunk driving isn't something I take lightly.

This is for Indiana... not sure how much of this varies from state to state.

You can possess a cap and ball musket unless your felony conviction is for a crime listed under IC 35-47-4-5.

IC 35-47-4-5 Unlawful possession of firearm by serious violent felon

(1) murder (IC 35-42-1-1);
(2) voluntary manslaughter (IC 35-42-1-3);
(3) reckless homicide not committed by means of a vehicle (IC 35-42-1-5); (4) battery as a:
(A) Class A felony (IC 35-42-2-1(a)(5));
(B) Class B felony (IC 35-42-2-1(a)(4)); or
(C) Class C felony (IC 35-42-2-1(a)(3));
(5) aggravated battery (IC 35-42-2-1.5);
(6) kidnapping (IC 35-42-3-2);
(7) criminal confinement (IC 35-42-3-3);
(8) rape (IC 35-42-4-1);
(9) criminal deviate conduct (IC 35-42-4-2);
(10) child molesting (IC 35-42-4-3);
(11) sexual battery as a Class C felony (IC 35-42-4-8);
(12) robbery (IC 35-42-5-1);
(13) carjacking (IC 35-42-5-2);
(14) arson as a Class A felony or Class B felony (IC 35-43-1-1(a));
(15) burglary as a Class A felony or Class B felony (IC 35-43-2-1);
(16) assisting a criminal as a Class C felony (IC 35-44-3-2);
(17) resisting law enforcement as a Class B felony or Class C felony (IC 35-44-3-3);
(18) escape as a Class B felony or Class C felony (IC 35-44-3-5);
(19) trafficking with an inmate as a Class C felony (IC 35-44-3-9);
(20) criminal gang intimidation (IC 35-45-9-4);
(21) stalking as a Class B felony or Class C felony (IC 35-45-10-5);
(22) incest (IC 35-46-1-3);
(23) dealing in or manufacturing cocaine or a narcotic drug (IC 35-48-4-1); (24) dealing in methamphetamine (IC 35-48-4-1.1);
(25) dealing in a schedule I, II, or III controlled substance (IC 35-48-4-2); (26) dealing in a schedule IV controlled substance (IC 35-48-4-3); or
(27) dealing in a schedule V controlled substance (IC 35-48-4-4).

This was taken from the Indiana State Police website.
http://www.in.gov/isp/files/FirearmsFAQ.pdf
 
Are you sure drunk driving is a federal offense?
Click to expand...

I was talking about possession of a firearm by anybody who's been convicted of a crime that carries a sentence of more than one year. Felony vehicular homicide isn't "drunk driving."

"(B5) Are there certain persons who cannot legally receive or possess firearms and/or ammunition? [Back]


Yes, a person who –

(1) Has been convicted in any court of a crime punishable by imprisonment for a term exceeding 1 year;

(2) Is a fugitive from justice;

(3) Is an unlawful user of or addicted to any controlled substance;

(4) Has been adjudicated as a mental defective or has been committed to a mental institution;

(5) Is an alien illegally or unlawfully in the United States or an alien admitted to the United States under a nonimmigrant visa;

(6) Has been discharged from the Armed Forces under dishonorable conditions;

(7) Having been a citizen of the United States, has renounced his or her citizenship;

(8) Is subject to a court order that restrains the person from harassing, stalking, or threatening an intimate partner or child of such intimate partner; or

(9) Has been convicted of a misdemeanor crime of domestic violence

(10) Cannot lawfully receive, possess, ship, or transport a firearm.

A person who is under indictment or information for a crime punishable by imprisonment for a term exceeding 1 year cannot lawfully receive a firearm.

Such person may continue to lawfully possess firearms obtained prior to the indictment or information.

[18 U.S.C. 922(g) and (n), 27 CFR 478.32]"
 
you could try the "library" link atop and find your state. if your state's site supports a search feature then just type in firearm regulation. it will probably take a few minutes of digging and sorting by you but will be worth the effort considering the alternative of being wrong.
 
Where does BATFE define a muzzle loader as a "firearm"?

A muzzle loader is an "antique firearm" and MAY be owned by a felon depending onthe state law.
See page 3, left column, last paragraph

http://www.atf.gov/firearms/newsletter/0205fflnewsletter.pdf

Also note the charge here
http://www.atf.gov/press/2007press/field/022707bos_greenwoodmaineman-sentenced.htm
(ammunition, but not the gun)

Or the definition of a firearm here
http://www.usdoj.gov/usao/ut/psn/documents/guncard.pdf
Middle of page 4.

Fond an ascii file link the same as the one above

http://www.usdoj.gov/usao/mow/community/psn/firearms.html

DEFINITION OF "FIREARM": 18 USC § 921(a)(3), (4). Any weapon (including a starter gun) which will expel a projectile by means of an explosive or is designed or may be readily converted to do so. This includes the frame or receiver of any such weapon, any firearm muffler or silencer or any destructive device. A "destructive device" includes any explosive, incendiary or poison gas --- (i)bomb; (ii) grenade or (iii) similar device, or any combination of parts designed or intended for use in converting any device into a destructive device, or from which a destructive device may be readily assembled. Does not include antique firearms.
 
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This doesn't address the question but I found it sort of amusing. Four years or so ago I had a person arrested for forging a prescription. I made sure he was also possessing the drugs so that he'd be sure to be charged with a felony. When the Popo got him down to the station, they discovered that he was a dead-beat Dad & got all excited about that too. He was convicted & actually served several months in the state pen. A few months after his release he was caught attempting to rob another pharmacy in a nearby town with a non-functional antique muzzel loading shotgun that he'd stolen from a friend of mine. I think he's still in prison after that.
 
It's not legal for convicted felons to own muzzle loaders.

There is no way to enforce this law without adding them to the NICS check.

Anyone who drives drunk is too irresponsible to own a firearm anyway.
 
Felony vehicular homicide isn't "drunk driving."

Didn't say it was but according to superpelly the neighbor didn't kill anyone. Paralyzed someone yes, kill no.

I'm fine with this dude not having a firearm but I was just looking at the details in superpelly's original post.

Best

S-
 
Without getting into the ethics of arming felons (nonviolent or not), I believe air rifles are not considered firearms in many jurisdictions; has he considered a Quackenbush?

Naturally he should speak to a lawyer, his local PD, or a local DoJ for confirmation; nothing beats official permission (or something that can be reasonably constructed as such).
 
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"It's not legal for convicted felons to own muzzle loaders."

It is up the individual sates since muzzle loaders are "antique firearms" and there is NO federqal restriction.

If yo are so sure there is a federal restriction on muzzle loaders, post the link.
 
Depending in the state, NO.
In some state you can even purchase them through the mail.
Muzzleloaders are 'antique firearms' under BATFE rules and GCA68 and many opther laws do NOT apply to them.

Some STATEs restrict them.

There are also cartrirdge firearms in the antique category like trapdoor springfields, rolling blocks, anything made in or before 1898.
In many state there is ZERO paperwork for these guns.
 
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