Mark Gregory
Inactive
Can felons legally own black powder firearms? Since black powder guns are exepted from some of the gun control laws, I was wondering if this is one of them.
felons and black powder firearms
- Thread starter Mark Gregory
- Start date
) and it varies from state to state.don't know, so it's probably stupid for me to answer...
I do know a few years ago a guy told me that in S.C. it was legal to carry a black powder pistol concealed with out a permit. He was wrong by the way I look at the law... so be careful. I think at the best you/he will be argueing the point before a judge. Sometimes you can win the arguement and still not come out ahead...after lawyer fees and time spent sitting in a cell.
I do know a few years ago a guy told me that in S.C. it was legal to carry a black powder pistol concealed with out a permit. He was wrong by the way I look at the law... so be careful. I think at the best you/he will be argueing the point before a judge. Sometimes you can win the arguement and still not come out ahead...after lawyer fees and time spent sitting in a cell.
old 12 gauge
Moderator
It comes up every hunting season in NY, this is up state, NYC has their own laws.
The Federal Firearm Laws and Their Effect on Possession of Rifles and Shotguns for Use For Lawful Sporting and Hunting Purposes.
the federal firearm statues do prohibit an individual with certain types of prior criminal convictions from possessing firearms or ammunition for any purpose. In order for such an individual to legally possess firearms or ammunition, under federal law, such an individual must have had his right to possess firearms restored.
The applicable federal statute is fairly straightforward. Title 18, United States Code, Section 922 (g) (1) states in its relevant part:
(g) It shall be unlawful for any person-(1) who has been convicted in any court of a crime punishable by imprisonment for a term exceeding one year..
to... possess in or affecting commerce, any firearm or ammunition; or to receive any firearm or ammunition which has been shipped or transported in interstate or foreign commerce.
This is commonly known as the "felon in possession" statute. Of note is the fact that the federal law, unlike the state, makes possession of firearms and ammunition by a felon a criminal offense. This statute has three elements:
1. The weapon must be a firearm as defined under federal law or ammunition as defined under federal law.
Initially, it is important to note the difference between the definition of the term "firearm" under New York State law as opposed to federal criminal statutes. Under New York State law the term "firearm" refers only to handguns, that is , revolvers or pistols, illegally shortened rifles or shotguns, and semiautomatic assault rifles. More to the point, rifles and shotguns are not considered firearms under New York State law.
Federal law, however, defines "firearms" to be "any weapon"... which will or is designed to or may readily be converted to expel a projectile by the action of an explosive" (18 USC § 921 (a) (3) (A)). As such, the federal definition of "firearm" is broader than the state definition. Simply put, federal firearm statutes cover and include not only handguns, but also rifles and shotguns. For the purposes of this article, the only weapons that would not be covered by the federal firearm statutes would be either antique firearms, manufactured before 1898 or a muzzle loading rifle, shotgun or pistol, designed to use black powder or a black powder substitute and which could not use fixed ammunition.
Ammunition, under federal law, is defined as "ammunition or cartridge cases, primer, bullets or propellant powder, designed for use in any firearm." (18 USC § 921 (a) (17) (A)). Thus, any one of the components of ammunition is enough is enough to qualify as "ammunition" under federal law.
Muzzle loaders aren't considered firearms in NYS, but 209 primers are.
2. The weapon or ammunition must have traveled in interstate or foreign commerce.
The second element requires that the firearm or ammunition must have traveled in interstate or foreign commerce. This simply requires that the firearm or ammunition must have crossed a state line or international border at sometime prior to its possession by the individual. This element is usually satisfied when the firearm or ammunition has been manufactured outside of New York State.
However, firearms manufactured within New York State, for example, Remington or Ithaca rifles or shotguns, that are sold to large federal firearms dealers who store them outside of New York State, only to later ship them to the individual stores within New York State, would also satisfy this element as they have crossed a state line. For example, Wal-Mart usually stores all of the firearms purchased for its corporation in the State of Arkansas. Thus, most firearms purchased from Wal-Mart stores, even if originally manufactured in the State of New York, have probably been stared in the state of Arkansas and then brought back into New York State, thereby satisfying the second element of this offense.
It reads like a New Yorker could even own a rifle or shotgun long as they could prove it never left the state, the problem is they couldn't get ammo for it,
It is important to note that it is not necessary that the individual possessing the firearm was aware that it had crossed a state or international border. Nor is it necessary that the individual possessing the firearm actually carried or transported the firearm across such a border. The statute is satisfied if at any time prior to their possession by an individual either the firearm or the ammunition had crossed a state or international border. Furthermore, even if the firearm itself had been manufactured in New York and never traveled outside the state, if the ammunition or any component of the ammunition with which the weapon was loaded had been manufactured outside of New York State, the federal laws would apply.
3. The "prohibited" individual must have previously been convicted in any court of the crime punishable by imprisonment for a term exceeding one year.
The third requirement for prosecution under this statute is that the individual in question had previously been convicted in any court of a crime punishable by imprisonment for a term exceeding one year. It is not necessary that the individual actually received a sentence of imprisonment for a term greater than one year. It is sufficient if the crime for which he/she was convicted could have resulted in a sentence of imprisonment greater than one year. In New York State, crimes punishable by a tern of imprisonment greater than one year are considered felonies. Therefore, and individual convicted of a New York State felony, even if he/she received only a sentence of probation, would still be subject to this federal statute and would be prohibited from possessing any firearms (including rifles and shotguns) or ammunition.
Moreover, the term "in any court" means exactly what it says. Any such conviction in any state court or foreign court would qualify under this statute and subject the individual to prohibition from possessing any firearm or ammunition. The age or date of such conviction is irrelevant. Any such conviction whether it occurred thirty days or thirty years ago would subject the individual to this statute.
The Federal Firearm Laws and Their Effect on Possession of Rifles and Shotguns for Use For Lawful Sporting and Hunting Purposes.
the federal firearm statues do prohibit an individual with certain types of prior criminal convictions from possessing firearms or ammunition for any purpose. In order for such an individual to legally possess firearms or ammunition, under federal law, such an individual must have had his right to possess firearms restored.
The applicable federal statute is fairly straightforward. Title 18, United States Code, Section 922 (g) (1) states in its relevant part:
(g) It shall be unlawful for any person-(1) who has been convicted in any court of a crime punishable by imprisonment for a term exceeding one year..
to... possess in or affecting commerce, any firearm or ammunition; or to receive any firearm or ammunition which has been shipped or transported in interstate or foreign commerce.
This is commonly known as the "felon in possession" statute. Of note is the fact that the federal law, unlike the state, makes possession of firearms and ammunition by a felon a criminal offense. This statute has three elements:
1. The weapon must be a firearm as defined under federal law or ammunition as defined under federal law.
Initially, it is important to note the difference between the definition of the term "firearm" under New York State law as opposed to federal criminal statutes. Under New York State law the term "firearm" refers only to handguns, that is , revolvers or pistols, illegally shortened rifles or shotguns, and semiautomatic assault rifles. More to the point, rifles and shotguns are not considered firearms under New York State law.
Federal law, however, defines "firearms" to be "any weapon"... which will or is designed to or may readily be converted to expel a projectile by the action of an explosive" (18 USC § 921 (a) (3) (A)). As such, the federal definition of "firearm" is broader than the state definition. Simply put, federal firearm statutes cover and include not only handguns, but also rifles and shotguns. For the purposes of this article, the only weapons that would not be covered by the federal firearm statutes would be either antique firearms, manufactured before 1898 or a muzzle loading rifle, shotgun or pistol, designed to use black powder or a black powder substitute and which could not use fixed ammunition.
Ammunition, under federal law, is defined as "ammunition or cartridge cases, primer, bullets or propellant powder, designed for use in any firearm." (18 USC § 921 (a) (17) (A)). Thus, any one of the components of ammunition is enough is enough to qualify as "ammunition" under federal law.
Muzzle loaders aren't considered firearms in NYS, but 209 primers are.
2. The weapon or ammunition must have traveled in interstate or foreign commerce.
The second element requires that the firearm or ammunition must have traveled in interstate or foreign commerce. This simply requires that the firearm or ammunition must have crossed a state line or international border at sometime prior to its possession by the individual. This element is usually satisfied when the firearm or ammunition has been manufactured outside of New York State.
However, firearms manufactured within New York State, for example, Remington or Ithaca rifles or shotguns, that are sold to large federal firearms dealers who store them outside of New York State, only to later ship them to the individual stores within New York State, would also satisfy this element as they have crossed a state line. For example, Wal-Mart usually stores all of the firearms purchased for its corporation in the State of Arkansas. Thus, most firearms purchased from Wal-Mart stores, even if originally manufactured in the State of New York, have probably been stared in the state of Arkansas and then brought back into New York State, thereby satisfying the second element of this offense.
It reads like a New Yorker could even own a rifle or shotgun long as they could prove it never left the state, the problem is they couldn't get ammo for it,
It is important to note that it is not necessary that the individual possessing the firearm was aware that it had crossed a state or international border. Nor is it necessary that the individual possessing the firearm actually carried or transported the firearm across such a border. The statute is satisfied if at any time prior to their possession by an individual either the firearm or the ammunition had crossed a state or international border. Furthermore, even if the firearm itself had been manufactured in New York and never traveled outside the state, if the ammunition or any component of the ammunition with which the weapon was loaded had been manufactured outside of New York State, the federal laws would apply.
3. The "prohibited" individual must have previously been convicted in any court of the crime punishable by imprisonment for a term exceeding one year.
The third requirement for prosecution under this statute is that the individual in question had previously been convicted in any court of a crime punishable by imprisonment for a term exceeding one year. It is not necessary that the individual actually received a sentence of imprisonment for a term greater than one year. It is sufficient if the crime for which he/she was convicted could have resulted in a sentence of imprisonment greater than one year. In New York State, crimes punishable by a tern of imprisonment greater than one year are considered felonies. Therefore, and individual convicted of a New York State felony, even if he/she received only a sentence of probation, would still be subject to this federal statute and would be prohibited from possessing any firearms (including rifles and shotguns) or ammunition.
Moreover, the term "in any court" means exactly what it says. Any such conviction in any state court or foreign court would qualify under this statute and subject the individual to prohibition from possessing any firearm or ammunition. The age or date of such conviction is irrelevant. Any such conviction whether it occurred thirty days or thirty years ago would subject the individual to this statute.
In Texas ANYONE can legally buy one. No form to fill out or background check. Not considered a firearm here. Whether they can legally own or carry one I don't know.
Someone told me if you buy say a .36 Colt Navy ball and cap revolver, carry it in your car (you are not a CHL holder) that is actually within the law....but the police will harrass you if they find it and try to invent a reason to arrest you. So I was told anyway.
Someone told me if you buy say a .36 Colt Navy ball and cap revolver, carry it in your car (you are not a CHL holder) that is actually within the law....but the police will harrass you if they find it and try to invent a reason to arrest you. So I was told anyway.
old 12 gauge
Moderator
In upstate NY, a person can have an antique firearm manufactured before 1898 or a muzzle loading rifle, shotgun or pistol, designed to use black powder or a black powder substitute and which could not use fixed ammunition.
but in the case of a pistol,they can own an antique pistol, but they better not have the powder,ball, bullit to fit the firearm without a NYS pistol license.. then i think they would be in trouble with the old Sullivan Law.
but in the case of a pistol,they can own an antique pistol, but they better not have the powder,ball, bullit to fit the firearm without a NYS pistol license.. then i think they would be in trouble with the old Sullivan Law.