Convicted Fellon
#22
RE: Convicted Fellon
Wyoming: MUZZLELOADER IS SAME AS ANY OTHER FIREARM
[/align]Crime Control Digest, Aug 11, 2006
[/align][/align]
The Wyoming Supreme Court ruled that an antique muzzleloading gun was the same as other type of firearm in regard to the gun possession prohibition for felons.
The court upheld the gun possession conviction of Frank Alan Harris for purchasing a black powder rifle.
Harris contended federal law specifically exempts black powder rifles as being firearms.
But the court said, "His approach is misguided. The charge against Mr. Harris was not for violating the federal statute. He was charged with violating [Wyoming law]."
[/align]
[/align]Crime Control Digest, Aug 11, 2006
[/align][/align]
The Wyoming Supreme Court ruled that an antique muzzleloading gun was the same as other type of firearm in regard to the gun possession prohibition for felons.
The court upheld the gun possession conviction of Frank Alan Harris for purchasing a black powder rifle.
Harris contended federal law specifically exempts black powder rifles as being firearms.
But the court said, "His approach is misguided. The charge against Mr. Harris was not for violating the federal statute. He was charged with violating [Wyoming law]."
[/align]
#23
Join Date: Feb 2003
Location: Blissfield MI USA
Posts: 5,293
RE: Convicted Fellon
I didn't read all the responses, but I think it depends on the crime you committed and what your probation/parole restrictions were.
Not all felonies keep you from getting a firearm, I know people that have been convicted of non violent crimes and purchased a gun legally and can hunt. Probably makes it a lot harder to get one though.
Here Michigan you do not need to register a muzzle loader or bow when you buy it, so the sales people will have no idea if you can have it or not. You are supposed to know that. The few exceptions are rifles with swappable barrels or the Savages that can shoot smokeless powder. With those types of weapons they need to have a background check to purchase one.
They are however a firearm. In my state a bow or bb gun is considered a firearm by law. Especially for carry and transport issues. Even a bb pistol is is considered a handgun and you need to follow the same laws that apply to carrying or transporting a handgun, which is different than a long gun or bow here in MI.
If you were convicted of a crime that would preclude you from owning a gun it would most likely cover ANY weapon, including knives.
I would call a lawyer in your state or city though.
Paul
Not all felonies keep you from getting a firearm, I know people that have been convicted of non violent crimes and purchased a gun legally and can hunt. Probably makes it a lot harder to get one though.
Here Michigan you do not need to register a muzzle loader or bow when you buy it, so the sales people will have no idea if you can have it or not. You are supposed to know that. The few exceptions are rifles with swappable barrels or the Savages that can shoot smokeless powder. With those types of weapons they need to have a background check to purchase one.
They are however a firearm. In my state a bow or bb gun is considered a firearm by law. Especially for carry and transport issues. Even a bb pistol is is considered a handgun and you need to follow the same laws that apply to carrying or transporting a handgun, which is different than a long gun or bow here in MI.
If you were convicted of a crime that would preclude you from owning a gun it would most likely cover ANY weapon, including knives.
I would call a lawyer in your state or city though.
Paul
#25
RE: Convicted Fellon
Federal (ATF) guidelines don't consider muzzleloaders to be firearms, but individual states vary, so you have to check. After 5 years post-completion of his sentence (with a clean record), a felon may own a firearm and possess it within his home, but may not carry it. Some states restrict this as well, so again, you have to check. Someone told me about at least one state where convicted felons could not have any weapons, including archery equipment. I don't know if that is still the case or which state it was.
Many state lawmakers are lazy when it comes to writing statutes, and as a result, they usually wind up plagarizing the federal laws. In some states that don't consider black powder weapons firearms, it is legal to carry a concealed black powder revolver. The laws usually specify firearms and knives of certain length, or clubs. When they define firearm in the definitions section, they leave black powder weapons out because they just copied the federal law.
National parks mostly forbid firearms on their property, but that is using the federal definition of firearm.
Many state lawmakers are lazy when it comes to writing statutes, and as a result, they usually wind up plagarizing the federal laws. In some states that don't consider black powder weapons firearms, it is legal to carry a concealed black powder revolver. The laws usually specify firearms and knives of certain length, or clubs. When they define firearm in the definitions section, they leave black powder weapons out because they just copied the federal law.
National parks mostly forbid firearms on their property, but that is using the federal definition of firearm.
#26
RE: Convicted Fellon
TEXAS: law prohibits possession of a firearm by a person who has been convicted of any felony or a Class A misdemeanor involving a member of the person’s family or household, and five years have not elapsed since the person’s release from confinement or supervision. A firearm cannot be possessed by a person who is subject to certain family violence orders. It is unlawful to knowingly transfer a handgun to a person who intends to use it unlawfully or in the commission of an unlawful act, or is subject to an active protective order. A firearm cannot be knowingly transferred to a person who is younger than 18 years (without parental consent), intoxicated, or a convicted felon..............<Did you happen to read this last sentence?.....Check your info before you talk heavy!
Brett
Brett
#27
RE: Convicted Fellon
IMO I think the point is being missed, A felon cannot purchase any firearm across the counter, nor that of a person who has a restraining order (key word purchase[/b]). I know this first hand as a FFL holder 8 years. However the term firearm does not pertain to that of a Muzzle Loader or that of a Bow, these are considered primitive weapons by all justifications of ATF and at the age of 18 any person wishing to have such may purchase with no background check needed.
Now some states may have made an amendment to such within their state laws to prohibit such, with that being said one would have to fill out the necessary forms as if he/she were purchasing a firearm which will then prohibit them or have one knowing themselves a felony to even apply, Therefore it is not that of any federal law which prohibits a felon to purchase a bow or muzzle loader but more that of a law passed through a particular state.
Now some states may have made an amendment to such within their state laws to prohibit such, with that being said one would have to fill out the necessary forms as if he/she were purchasing a firearm which will then prohibit them or have one knowing themselves a felony to even apply, Therefore it is not that of any federal law which prohibits a felon to purchase a bow or muzzle loader but more that of a law passed through a particular state.
#29
RE: Convicted Fellon
IMO I think the point is being missed, A felon cannot purchase any firearm across the counter, nor that of a person who has a restraining order (key word purchase[/b]). I know this first hand as a FFL holder 8 years. However the term firearm does not pertain to that of a Muzzle Loader or that of a Bow, these are considered primitive weapons by all justifications of ATF and at the age of 18 any person wishing to have such may purchase with no background check needed.
Now some states may have made an amendment to such within their state laws to prohibit such, with that being said one would have to fill out the necessary forms as if he/she were purchasing a firearm which will then prohibit them or have one knowing themselves a felony to even apply, Therefore it is not that of any federal law which prohibits a felon to purchase a bow or muzzle loader.
Now some states may have made an amendment to such within their state laws to prohibit such, with that being said one would have to fill out the necessary forms as if he/she were purchasing a firearm which will then prohibit them or have one knowing themselves a felony to even apply, Therefore it is not that of any federal law which prohibits a felon to purchase a bow or muzzle loader.