Legal to carry what?

R

RwBeV

New member
10 years ago a friend of mine sold a couple of joints to an undercover cop when he was young and dumb at the age of 17:( , he was charged with a felony. He has been dumb ass free for the last ten years and would like to hunt but he is unable to find out what and if he is able to carry a muzzle loader and if so what kind. Anybody out there know where we could find out this information? The federal folks here in WY just keep giving him the run around.

Thanks
Keep your powder dry
Bob
 
Have him get a lawyer and start proceeding to have his firearms rights restored. It's not necessarily cheap or fast, but it can be done.
 
I am under the impression ( probably mistakenly ) that muzzleloaders are not treated the same way as modern firearms are in most states, or by the feds. He could also petition to have his record expunged and cleared.

thanks abstract, I was wrong...
 
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It depends... a lot of the time you get what's called a "weapons disability". You can get a federal or state weapons disability. I can't find anything on Wyoming's laws relating to this at the moment, but I'll try to find out.

It's pretty much impossible to get a federal disability revoked because the BATF program that was designed to give felons their rights back has had it's funding taken away (since 94 I think). The only way is to get a full pardon from the president, I believe.

State laws vary but in Ohio I think I may have found a sort of loophole for the federal disability in the laws....


Go to first result on this page
Read the second paragraph under federal weapons disability on page five

I'm not sure if the same applies to Wyoming but I think it would because that makes it seem like the "loophole" is in the federal laws rather than Ohio laws.

I have the same problem as your friend pretty much except I live in Ohio.
 
He needs a good lawyer. The part that says "or any other weapon" is troublesome. Where I live, muzzle loaders are considered firearms. State by state varies.
 
We've been over this before and....

My (somewhat vague) recollection is that most STATES define muzzleloaders as firearms, but as far as the FEDERAL definition goes, MLs are NOT firearms (except T/Cs, Optima Pros, and the Savage 10), and so possessing one does not violate the federal law. But you'd want to get a written opinion from an attorney in your area on this. That's FEDERAL. Then, as a separate matter, you also have to look at whether the particular state has its own weapons disability law - in that case the STATE definition of "firearm" will apply.

If there is a state disability, and/or the federal ML issue cannot be clarified, then hire an attorney for an expungement of his record of that case. Either way, looks like lawyer-time. If successful, I would, if I were him, always CARRY the expungement papers with me while hunting with the ML (or with a Barnes-type PCP airgun, for that matter http://www.glbarnes.com/index2.html )

A good search here (which includes TFL): www.boardtracker.com

will likely turn up VERY good info on this subject.
 
The answer is easy to find on BATFE's website. For the purposes stated in this thread, muzzle loaders ARE considered firearms by the feds.
 
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