convicted felon
Topic of conversation at work today: Can a convicted felon legally buy and own a mussel loader?
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quote:Originally posted by Cornflk1
Topic of conversation at work today: Can a convicted felon legally buy and own a mussel loader?
Dunno, but you have to be able to spell! [:D][:D][:D]
jk0 -
No--It is still a firearm
I don't even think they are alowed to have ammo?.?.0 -
quote:Originally posted by blkshrt
No--It is still a firearm
I don't even think they are alowed to have ammo?.?.
probably not.0 -
i may be wrong but here in alabama it is considered a primative weapon so i beleive they can 0 -
JK, tell me all about the spellen, but I still get the mesage across[^] 0 -
I am sure some of that is state to state depending on crime. 0 -
looks pretty harmless to me 
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Here in Indiana collecting Mussles is illegal due to the fact that they are endangered. You can't even collect the shells. I would think having a mussle loader would be legal but you couldn't use it to load mussles.
As to Muzzle loading firearms I believe that felons can have them. I remember earlier this year a man shot someone here locally with a cap and ball pistol and he was a convicted felon and they said that wasn't against the law (not the shooting the guy part but the possesion part).0 -
Not in NY! 0 -
In many states it is unlawful for a convicted felon to own any "weapon" 0 -
you guys need to look up the definition of a firearm
if it expels a projectile by means of gun powder it is a firearm, i think it gets confusing because the way you can buy them, if someone wants to think that a felon can own one because the government is to stupid to realize it is a firearm that just doesn't use a metallic cartridge go ahead, make sure you show your parole officer and express your rights
in ill you have to fill out a 4473 if you want a taser or tear gas gun that uses gun powder0 -
I beleive they can. You can buy them without any checks. I see bows in the same catagory. 0 -
In Va. a Felon can own and hunt with a Bow and arrow. 0 -
Not in Maine nor can they own a bow and arrow. 0 -
Under FEDERAL law, a convicted felon may possess a MUZZLE LOADING weapon, IF it does not use modern primers. They may NOT possess ammo, which includes 209 primers, etc. Black powder (or Pyrodex) and #11 caps are OK. A muzzleloader is NOT a firearm under Federal law. However, several states have stricter laws, and a felon in those states may NOT possess a muzzle loader. Georgia is one of those states- and there ARE others. Check the laws for the state in question. And asking for legal advice on something THIS serious on a public forum is NOT a wise move, bro. You have no way to truly judge competence or accuracy of answers. 0 -
i am curious as to where you guys get your information in this day and age
quote:FIREARM
A rifle, shotgun or handgun using gunpowder as a propellant. By federal definition, under the 1968 Gun Control Act, antiques are excepted. Under the National Firearms Act, the word designates machine guns, etc. Airguns are not firearms.
in addition to a muzzle loader being considered a firearm, black powder is considered a explosive
quote:Explosives. Any chemical compound, mixture, or
device, the primary or common purpose of which is
to function by explosion. The term includes, but is
not limited to, dynamite and other high explosives,
black powder, pellet powder, initiating explosives,
detonators, safety fuses, squibs, detonating cord,
igniter cord, and igniters.
i think some people take the dukes of hazard to seriously, they can't own firearms but they owned dynamite0 -
Thre is no background check on one you can evern order them online or from a catalog. 0 -
you don't need a drivers license to buy a car ether, muzzle loaders are firearms, BUT not subject to the same requirements for purchase, but you still can't be a felon to purchase or posses 0 -
ask 42,100 people a question, get 42,100 different answers. 0 -
...Cost of ammo would be prohibitive at the price of fresh mussels per pound...[:0] sorry, couldn't help myself...[;)] 0 -
quote:Originally posted by buschmaster
ask 42,100 people a question, get 42,100 different answers.
What was the question???
42,100 people a question, get 42,100 different answers. And one Question!!![:D][:D][:D][:D][:D]0 -
"Under FEDERAL law, a convicted felon may possess a MUZZLE LOADING weapon, IF it does not use modern primers. They may NOT possess ammo, which includes 209 primers, etc. Black powder (or Pyrodex) and #11 caps are OK. A muzzleloader is NOT a firearm under Federal law. However, several states have stricter laws, and a felon in those states may NOT possess a muzzle loader. Georgia is one of those states- and there ARE others. Check the laws for the state in question. And asking for legal advice on something THIS serious on a public forum is NOT a wise move, bro. You have no way to truly judge competence or accuracy of answers."
116br, you are correct, sir.
1911a1fan: You are wrong. You are quoting bits and scraps of federal law, along with you own opinion.
You can google it up and find out what the law actually says.
The part of federal law that you are omitting is that for an object to be legally a firearm, it must use metallic cartridges.
It is legal under federal law for a felon to own a muzzleloader. In fact, I know a guy up here in North Carolina who did federal time, and was on two years' probation. His federal probation officer let him go deer hunting with a T/C Hawken.
State laws vary quite a bit. Here in North Carolina it is indeed legal for felons to posess a muzzleloader.
Don't even think about it in New Jersey or Illinois, or DC.0 -
Legal here in Rhode Island......[:)] 0 -
it is not required to fill out a 4473 form for the purchase of a black powder weapon therefor the buyer answers no questions. you are required to have name and address for your a&d book 0 -
quote: You are wrong. You are quoting bits and scraps of federal law, along with you own opinion.
those quotes are not my opinion
this is from north carolina state firearm laws
http://www.ncga.state.nc.us/EnactedLegislation/Statutes/HTML/BySection/Chapter_14/GS_14-288.20.html
quote:(2) The term "firearm" means any weapon which is designed to or may readily be converted to expel any projectile by the action of an explosive; or the frame or receiver of such a weapon.
http://www.ncga.state.nc.us/EnactedLegislation/Statutes/HTML/BySection/Chapter_14/GS_14-415.1.html
quote:Article 54A.
The Felony Firearms Act.
? 14#8209;415.1. Possession of firearms, etc., by felon prohibited.
(a) It shall be unlawful for any person who has been convicted of a felony to purchase, own, possess, or have in his custody, care, or control any firearm or any weapon of mass death and destruction as defined in G.S. 14#8209;288.8(c). For the purposes of this section, a firearm is (i) any weapon, including a starter gun, which will or is designed to or may readily be converted to expel a projectile by the action of an explosive, or its frame or receiver, or (ii) any firearm muffler or firearm silencer. This section does not apply to an antique firearm, as defined in G.S. 14#8209;409.11.
Every person violating the provisions of this section shall be punished as a Class G felon.
(b) Prior convictions which cause disentitlement under this section shall only include:
(1) Felony convictions in North Carolina that occur before, on, or after December 1, 1995; and
(2) Repealed by Session Laws 1995, c. 487, s. 3, effective December 1, 1995.
(3) Violations of criminal laws of other states or of the United States that occur before, on, or after December 1, 1995, and that are substantially similar to the crimes covered in subdivision (1) which are punishable where committed by imprisonment for a term exceeding one year.
When a person is charged under this section, records of prior convictions of any offense, whether in the courts of this State, or in the courts of any other state or of the United States, shall be admissible in evidence for the purpose of proving a violation of this section. The term "conviction" is defined as a final judgment in any case in which felony punishment, or imprisonment for a term exceeding one year, as the case may be, is permissible, without regard to the plea entered or to the sentence imposed. A judgment of a conviction of the defendant or a plea of guilty by the defendant to such an offense certified to a superior court of this State from the custodian of records of any state or federal court shall be prima facie evidence of the facts so certified.
(c) The indictment charging the defendant under the terms of this section shall be separate from any indictment charging him with other offenses related to or giving rise to a charge under this section. An indictment which charges the person with violation of this section must set forth the date that the prior offense was committed, the type of offense and the penalty therefor, and the date that the defendant was convicted or plead guilty to such offense, the identity of the court in which the conviction or plea of guilty took place and the verdict and judgment rendered therein. (1971, c. 954, s. 1; 1973, c. 1196; 1975, c. 870, ss. 1, 2; 1977, c. 1105, ss. 1, 2; 1979, c. 760, s. 5; 1979, 2nd Sess., c. 1316, s. 47; 1981, c. 63, s. 1; c. 179, s. 14; 1989, c. 770, s. 3; 1993, c. 539, s. 1245; 1994, Ex. Sess., c. 24, s. 14(c); 1995, c. 487, s. 3; c. 507, s. 19.5(k); 2004#8209;186, s. 14.1; 2006#8209;259, s. 7(b).)0 -
quote:Topic of conversation at work today: Can a convicted felon legally buy and own a mussel loader?Soooo...how many convicted felons do you work with? [:0] 0 -
quote:Originally posted by Sith Lord
Legal here in Rhode Island......[:)]
rhode island is even worse, a bb gun is a firearm there
http://www.rilin.state.ri.us/statutes/title11/11-47/11-47-2.HTM
quote:(3) "Firearm" includes any machine gun, pistol, rifle, air rifle, air pistol, "blank gun," "BB gun," or other instrument from which steel or metal projectiles are propelled, or which may readily be converted to expel a projectile, except recurve, compound, or longbows, and except instruments propelling projectiles which are designed or normally used for a primary purpose other than as a weapon. The frame or receiver of the weapon shall be construed as a firearm under the provisions of this section.0 -
As I said- under Federal law, a felon MAY possess a muzzleloader OR any other antique firearm, since under Federal law (The Gun Control Act) they are NOT firearms. But state law will vary. See C&P of Federal law:
Do antique firearms come within the purview of the GCA? [Top]
No. "Antique firearms" are defined in the following:
TITLE 18 U.S.C. CHAPTER 44 SECTION 921(a) (16)
(16) 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, breech-block, or any combination thereof.0 -
Depends on the state that person is in. Some states dont consider a black powder gun as a traditional firearm..Check state laws.... 0 -
Well, 1911A1 you are right about North Carolina law, but I was right, also.
?????
They changed the law in 2004, to prohibit felons from having muzzleloaders.. The guy I knew who hunted with a Hawken was on probation in '96 and '97.
I do appreciate you informing me about this draconian new law.
You are still wrong concerning federal law.
Here is a story about a lad who ran afoul of the new NC law. If he continues his appeal, he may get the law overturned by the state supreme court.
NC Court Gives Split Decision on Expanded Gun Ban on Felons
By GARY D. ROBERTSON
Associated Press Writer
Posted: Sep. 4, 2007
RALEIGH, N.C. - The state Court of Appeals upheld a 2004 state law widening a ban against felons owning weapons, but Tuesday's split decision opens the possibility that the prohibition on owning nearly any kind of gun could be overturned.
The Felony Firearms Act was changed three years ago as part of a broad anti-domestic violence bill. The earlier version had barred felons only from owning or possession pistols and short-barreled weapons that were easier to conceal.
"This statutory scheme, which treats all felons the same, serves to protect and preserve the health, safety and welfare of the citizens of this state," Judge Wanda Bryant wrote in the majority opinion backing the 2004 changes.
But Judge Rick Elmore, in the dissenting opinion, said the 2004 changes rendered the law unreasonable and unconstitutional by punishing felons rather than simply regulating some guns.
"In enacting the 2004 amendment, the Legislature simply overreached," Elmore wrote. "The statute as amended stripped plaintiff of his constitutional right to bear arms without the benefit of due process."
The plaintiff was Barney Britt of Wake County, who was convicted of a felony controlled substance charge in 1979. He completed his sentence in 1982, and his civil rights were restored five years later. The felony firearms law at the time allowed him to possess a firearm again. The 1995 change made the prohibition permanent, but only for small guns.
According to Britt said the 2004 change to include all guns - a change last year now exempts antique firearms from the ban - prevented him from using long guns and rifles for hunting. Britt argued there should be a procedure whereby some gun rights can be restored.
Judge Linda McGee concurred in Bryant's opinion that the 2004 amendment doesn't add another punishment retroactively to felons convicted before that date. Rather, she wrote, it's a regulation designed to protect the public from potential gun violence.
Case law has shown the right to bear arms is not absolute and is subject to regulation, Bryant wrote.
Britt "argues that because he was not convicted of a violent felony and because his conviction is so far in the past, the statute prohibiting all convicted felons from possessing any type of firearm is unconstitutional," Bryant wrote. "We disagree."
The 2-1 decision means the state Supreme Court must review the ruling if Britt appeals. Britt's attorney didn't immediately return a phone call seeking comment Tuesday.
The law was changed in 2004 as the General Assembly approved raised penalties for assaults that occur commonly within a domestic relationship, such as strangulation and misdemeanor assault. Supporters of the expanded gun ban for felons said at the time the change brought North Carolina law more in line with federal statutes.
The state restrictions apply to anyone convicted of a North Carolina felony or laws similar to those in another state or in federal statutes that led to punishments of more than one year.
Copyright 2007 by The Associated Press. All rights reserved. This material may not be published, broadcast, rewritten or redistributed.0
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