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A muzzleloader is a black powder gun is ity considered a firearm so a felon would not be able to posses opne.

2006-12-03 12:41:40 · 12 answers · asked by mathew 1 in Politics & Government Law Enforcement & Police

12 answers

FIRE ARM, Felons cant own a fire arm , but they can own BB and pellet guns because they are not FIRE ARMS!!

2006-12-03 12:58:48 · answer #1 · answered by FEVER 3 · 0 0

In California, a convicted felon can not legally own any firearm, including a muzzle loader. The definition of firearm, for criminal purposes, can be found under PC 12001(b). Here is the text: "as used in this title, "firearm" means any device, designed to
be used as a weapon, from which is expelled through a barrel a
projectile by the force of any explosion or other form of combustion." That definition makes it clear that muzzleloaders are firearms and are, therefore, illegal for a felon to possess.

2006-12-03 22:17:23 · answer #2 · answered by James P 4 · 0 0

Supreme Court Says Muzzleloaders are Legally Firearms


however, clearly told by a sheriff that a muzzleloading, black powder weapon was not a firearm. And the court’s main holding, which keeps their whole case together, was that anyone of normal intelligence would assume a muzzleloader to be covered by the “firearm” law (while I think it’s safe to assume most sheriffs aren’t of normal intelligence, it’s not good when the courts admit it).

I’d have rathered they throw out the previous ruling, and instructed the state to instead have him tried for public disturbance or anything about bearing a weapon in public, but I dunno if that’s possible or what the relevant statutes are.

I’m not a lawyer.

2006-12-03 21:12:25 · answer #3 · answered by Littlebigdog 4 · 1 0

Federally it is not considered a firearm but it depends on the state as their regs vary....in NY for example unloaded it is not a firearm but if loaded then is considered a firearm and subject to all applicable laws and so prohibited by felons for all intents and purposes other than a wall hanging.

2006-12-04 08:02:54 · answer #4 · answered by baalberith11704 4 · 0 0

Technically, a muzzleloader is not a firearm according to the BATF. So, I would say yes, but BATF may beg to differ. Those guy change the rules as they go.

2006-12-04 07:10:53 · answer #5 · answered by WC 7 · 0 0

You need to look into obtaining a certificate of relief from disabilities. This is what they call it in New York. If you have kept your nose clean and, for instance, want to own a gun for hunting, you can apply to a Superior Court Judge for one of these.

If the Judge grants your application, you could own the gun. I recommend you talk to a lawyer in your area. Good luck (unless you intend to use it to commit crimes)!

2006-12-03 21:26:11 · answer #6 · answered by jsb3t 3 · 0 0

I agree with jim j. According to most states, a muzzle loader is considered an antique firearm.

2006-12-03 21:32:05 · answer #7 · answered by Cpl Coop 2 · 0 0

No it's still a gun under the act.

2006-12-03 21:47:01 · answer #8 · answered by Anonymous · 0 0

No its still a gun. Fellons cant even own a BB gun.

2006-12-03 20:44:24 · answer #9 · answered by Anonymous · 0 0

no. convicted felons cannot legaly own guns.

2006-12-03 20:49:42 · answer #10 · answered by CCC 6 · 0 0

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