Go Back   LegalMatch Free Legal Advice Forums > Law Forums > Criminal Law
FAQ Members List Calendar Search Today's Posts Mark Forums Read

Find a Lawyer Now By Category:
Family & Divorce Criminal Defense Job & Employment Personal Injury LegalMatch on Facebook
  Real Estate Lawyers Immigration Business Lawyers Other Lawyers LegalMatch on Twitter
LegalMatch is Fast, Free and Confidential
Reply
 
LinkBack Thread Tools Display Modes
Old 02-07-2007, 06:37 PM   #1 (permalink)
Junior Member
 
Join Date: Jan 2007
Posts: 3
black powder and Felons

Is it legal for a felon to buy black powder for a muzzel loading rifle?
It reads like muzzel loaders and black powder are not included in Fed firearm laws and just cartrige rifles and pistols are.
nearcounty is offline  
Digg this Post!Add Post to del.icio.usBookmark Post in TechnoratiFurl this Post!
Reply With Quote
Old 02-07-2007, 08:07 PM   #2 (permalink)
Junior Member
 
Join Date: Jan 2007
Posts: 3
you shouldn't even be answering questions on this forum, this is supposed to be a serious forum, not a place for wanna be comics like yourself..

but to answer your dumb question, a muzzle loader is a lot of fun for hunting and targets. and yes they are legal for felons in my state. muzzle loaders are not considered firearms in many states.
now please crawl back under your rock and let an attorney answer>>>

Last edited by nearcounty; 02-07-2007 at 10:40 PM.
nearcounty is offline  
Digg this Post!Add Post to del.icio.usBookmark Post in TechnoratiFurl this Post!
Reply With Quote
Old 02-08-2007, 02:48 AM   #3 (permalink)
Senior Member
 
Join Date: Nov 2006
Posts: 3,930
Send a message via AIM to GentleGrace
Quote:
Originally Posted by nearcounty View Post
you shouldn't even be answering questions on this forum, this is supposed to be a serious forum, not a place for wanna be comics like yourself..

but to answer your dumb question, a muzzle loader is a lot of fun for hunting and targets. and yes they are legal for felons in my state. muzzle loaders are not considered firearms in many states.
now please crawl back under your rock and let an attorney answer>>>
Oh dear, I've been insulted by a FELON. My first time. I feel so---so---unaffected.

Actually, dear felon, if you were as clever as you thought you were, you would have seen two things in my first reply: First of all, the issue about a felon carrying a weapon is, I believe, much more serious than what is loaded IN the gun. How is it you know that it is not illegal for you as a felon to carry a fire arm ( although you still don't say what state you are in ) but you don't know what is legal to put IN the gun? In my state, black powder is not illegal.
Anyone replying to your question is going to want to know what state you are in. It matters. Try to focus.

Secondly, a call to your local police ( seriously ) would tell you in a moment if it were legal or not. Obviously, you don't have to identify yourself--- have a friend without a dubious background ask for you, if you don't want to ask. But, I wouldn't ask anyone in a different state something this important that has the ability to adversely affect the rest of your life. I'd go to what is, in this case, the proverbial "top"--the local police who either have arrested you in the past and would again, knowing you are a felon, or WOULD if they THOUGHT you were doing something illegal. Why take that chance? Call from a pay phone, have a friend call, but I would definitely ASK--the police.
__________________
Grace

To ERR is human.
To FORGIVE is divine.
NEITHER is my policy.
GentleGrace is offline  
Digg this Post!Add Post to del.icio.usBookmark Post in TechnoratiFurl this Post!
Reply With Quote
Old 02-08-2007, 02:43 PM   #4 (permalink)
Junior Member
 
Join Date: Jan 2007
Posts: 3
muzzle loaders are not considered fire arms and black powder is not considered an explosive. by the fed gov. so people that want to hunt, ck your state laws. forget about Wyoming and one other state..

The term "antique firearm" means:
(A) any firearm (including any firearm with a matchlock, flintlock, percussion cap, or similar type of ignition system) manufactured in or before 1898; or
(B) any replica of any firearm described in subparagraph (A) if such replica:
(i) is not designed or redesigned for using rimfire or conventional centerfire fixed ammunition, or
(ii) uses rimfire or conventional centerfire fixed ammunition which is no longer manufactured in the United States and which is not readily available in the ordinary channels of commercial trade; or
(C) any muzzle loading rifle, muzzle loading shotgun, or muzzle loading pistol, which is designed to use black powder, or a black powder substitute, and which cannot use fixed ammunition.For purposes of this subparagraph, the term "antique firearm" shall not include any weapon which incorporates a firearm frame or receiver, any firearm which is converted into a muzzle loading weapon, or any muzzle loading weapon which can be readily converted to fire fixed ammunition by replacing the barrel, bolt, breechblock, or any combination thereof.
(17)(A) The term "ammunition" means ammunition or cartridge cases, primers, bullets, or propellant powder designed for use in any firearm.
(B) The term "armor piercing ammunition" means:


Attention Black Powder Shooters

False stories are circulating on the Internet, claiming that new homeland security legislation will require a license for buyers of reloading components. These reports are incorrect.

To set the record straight:

Federal law for many years has required an explosives license for dealers in explosives. The new "Safe Explosives Act," passed as part of the Homeland Security Act of 2002 (H.R. 5005), adds user permit requirements for buyers of explosives.

However, existing federal explosives laws have long made exceptions for black and smokeless powders, and the new law did not amend those exceptions:

1. Smokeless powder is considered an "ammunition component" rather than an explosive. Therefore, smokeless powder is not subject to existing explosives laws or to the new requirements.

2. Black powder is not considered an explosive, when sold in quantities less than 50 pounds and used for sporting, recreational, or cultural purposes in antique, replica, or muzzleloading firearms. Under those long-standing conditions, black powder is also not subject to existing explosives laws or to the new requirements.

During consideration of this bill, Senator Orrin Hatch (R-UT), senior Republican on the Senate Judiciary Committee-and now incoming chairman-was very concerned that it could have an adverse effect on legitimate gunpowder users. Sen. Hatch's staff worked closely with NRA to ensure that no language in the bill could be turned against handloaders or black powder shooters. As a result, the existing exemptions were left unchanged.

The bottom line is that this legislation has no effect on people who buy smokeless powder for cartridge or shot shell reloading, or on black powder shooters who use normal amounts of powder for competition, hunting, reenactments, or other legitimate purposes. Once again, Internet rumors to the contrary are false and gun owners are best advised to turn to reliable information sources such as www.nraila.org to get the facts.

Last edited by nearcounty; 02-08-2007 at 02:57 PM.
nearcounty is offline  
Digg this Post!Add Post to del.icio.usBookmark Post in TechnoratiFurl this Post!
Reply With Quote
Old 02-09-2007, 07:55 AM   #5 (permalink)
Senior Member
 
Join Date: Jan 2007
Posts: 170
Quote:
Originally Posted by nearcounty View Post
Is it legal for a felon to buy black powder for a muzzel loading rifle?
It reads like muzzel loaders and black powder are not included in Fed firearm laws and just cartrige rifles and pistols are.
TITLE 18 > PART I > CHAPTER 44 > § 921

(3) The term “firearm” means
(D) any destructive device. Such term does not include an antique firearm.

(16) The term “antique firearm” means—
(C) any muzzle loading rifle, muzzle loading shotgun, or muzzle loading pistol, which is designed to use black powder, or a black powder substitute, and which cannot use fixed ammunition.

(17)
(A) The term “ammunition” means ammunition or cartridge cases, primers, bullets, or propellent powder designed for use in any firearm.

TITLE 18 > PART I > CHAPTER 44 > § 922

(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 ship or transport in interstate or foreign commerce, or 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.


Under federal law (quoted above), it appears that neither muzzle loading rifles nor black powder are prohibited for felons to possess. You need to check your state's law, however.
jdmba is offline  
Digg this Post!Add Post to del.icio.usBookmark Post in TechnoratiFurl this Post!
Reply With Quote
Old 02-09-2007, 08:09 AM   #6 (permalink)
Senior Member
 
Join Date: Jan 2007
Posts: 170
Also, there is an exception to the federal law that prohibits felons from possessing firearms.

The exception occurs when the state has restored the felon's right to vote, hold public office, and serve on a jury. If yes to all three, then the felon can possess a firearm under federal law if the state has no restrictions of its own.

If the state has any restriction, however, even if such restriction only limits handgun possession, then federal law precludes the felon from possessing any firearm at all.

See TITLE 18 > PART I > CHAPTER 44 > § 921

(a)(20)
What constitutes a conviction of [a crime punishable by imprisonment for a term exceeding one year] shall be determined in accordance with the law of the jurisdiction in which the proceedings were held. Any conviction which has been expunged, or set aside or for which a person has been pardoned or has had civil rights restored shall not be considered a conviction for purposes of this chapter, unless such pardon, expungement, or restoration of civil rights expressly provides that the person may not ship, transport, possess, or receive firearms.

Last edited by jdmba; 02-09-2007 at 08:13 AM.
jdmba is offline  
Digg this Post!Add Post to del.icio.usBookmark Post in TechnoratiFurl this Post!
Reply With Quote
Reply

Thread Tools
Display Modes

Posting Rules
You may not post new threads
You may not post replies
You may not post attachments
You may not edit your posts

BB code is On
Smilies are On
[IMG] code is On
HTML code is Off
Trackbacks are On
Pingbacks are On
Refbacks are On




All times are GMT -7. The time now is 11:40 PM.


Powered by vBulletin® Version 3.8.6
Copyright ©2000 - 2014, Jelsoft Enterprises Ltd.
SEO by vBSEO 3.1.0
Copyright ©1999-2008 LegalMatch. All rights reserved. LegalMatch®, the LegalMatch
logo, and the tradedress are trademarks of LegalMatch. Patents Pending.