convicted felon
Topic of conversation at work today: Can a convicted felon legally buy and own a mussel loader?
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No, but they can be congressmen, governors aides, and hold other various political jobs.
I would think that is a felon can't vote, they should not be able to be elected to a public office...........But, what do I know...0 -
1911A1Fan: You didn't include quite enough of the North Carolina law when you did your c and p. It turns out that you are wrong about North Carolina law. Felons can possess muzzleloaders in this state.
From your own previous post:
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.
Notice, "antique firearms" are excluded from this law. What you failed to look up is the definition, by North Carolina law, of an "antique firearm."
? 14#8209;409.11. "Antique firearm" defined.
(a) The term "antique firearm" means any of the following:
(1) Any firearm (including any firearm with a matchlock, flintlock, percussion cap, or similar type of ignition system) manufactured on or before 1898.
(2) Any replica of any firearm described in subdivision (1) of this subsection if the replica is not designed or redesigned for using rimfire or conventional centerfire fixed ammunition.
(3) Any muzzle loading rifle, muzzle loading shotgun, or muzzle loading pistol, which is designed to use black powder substitute, and which cannot use fixed ammunition.
(b) For purposes of this section, the term "antique firearm" shall not include any weapon which:
(1) Incorporates a firearm frame or receiver.
(2) Is converted into a muzzle loading weapon.
(3) Is a muzzle loading weapon that can be readily converted to fire fixed ammunition by replacing the barrel, bolt, breechblock, or any combination thereof. (1969, c. 101, s. 2; 2006#8209;259, s. 7(a).)
You are also wrong about federal law, which also allows felons to possess muzzleloaders.
But New Jersey and Illinois, you are right about.0 -
I'd say it depends on the state, but you don't have to be a FELON to lose your 2nd Amendment rights. You can lose them over any domestic violence charge.
My FIL is in this boat. He used to be a raging alcoholic. When he was drunk, he used to come home and beat his then-wife. He was arrested once when she had enough, and he has forever lost his right to own a firearm.
He's sober now, has been for about a decade, and he's a non-violent man so long as you don't put the hooch in him. And, of course, he has guns, they just all belong to his current wife.0 -
A convicted felon, in the State of Maine, may obtain a permit to hunt with a muzzleloading firearm; however, that person must wait for five years after satisfying all terms of the conviction. That is, say he got 5 years in prison and 5 years of probation, after serving those 10 years he would have to wait an additional 5 years before making application.
As far as archery, a convicted felon is restricted only in that he cannot hunt with a crossbow. He can purchase conventional archery equipment and hunt with it.
RJSnow0 -
A muzzle loader is NOT considered a firearm. That is why they can just go throught the mail directly to the person. 0 -
You are correct in that a muzzleloader is not considered a firearm by FEDERAL statutes; however, Maine considers them a firearm when dealing with felons. Other states consider muzzleloaders firearms for all their citizens. RJSnow 0 -
The answer is YES! ! ! ! ! I talked to the BATF and the answer was yes... also to back up my answer. My friend was a re-enactor for the civil war he was the dead guy next to the guy who poped up and spoke in brother who art though anyway (key word was) he was a convicted felon. Owned muzzle loader antique replicas. The police came in the house with a warrant, and arrested him due to the fact that he had a fire arm. He fought it in court, but it was ruled that a muzzle loader whether for re-enactment or not was a firearm. He was sentenced to 5 years in federal prison. There is your finial answer! 0 -
quote:Originally posted by Aaron.Combs1
The answer is YES! ! ! ! ! I talked to the BATF and the answer was yes... also to back up my answer. My friend was a re-enactor for the civil war he was the dead guy next to the guy who poped up and spoke in brother who art though anyway (key word was) he was a convicted felon. Owned muzzle loader antique replicas. The police came in the house with a warrant, and arrested him due to the fact that he had a fire arm. He fought it in court, but it was ruled that a muzzle loader whether for re-enactment or not was a firearm. He was sentenced to 5 years in federal prison. There is your finial answer!
hmmmm!
but but, he should have asked for gb members as an attorney, they know for a fact it is not a firearm0 -
No problemo, Here in Idaho, mussel loaders are legal, as this state has few mussels to contend with. You cannot, however: take the loader across the border into Oregon or Washington as they have mussels. California outlawed the whole pracice of loading mussels some ten or twenty years ago and I am confident other Commie states will follow suit. Most of my convicted felon friends have not expressed a great interest in mussel loaders, as they consider them somewhat gauche. Let's don't get something started here that might get out-of-hand.[:D] 0 -
I believe the correct answer here in NY is that it's illegal for a felon to possess a firearm.
This being said... Pre-1899 pieces are antiques and not considered firearms (unless able to fire modern ammo or loaded).
So... A felon could, in theory, legally own most pre-1899 guns and stay within the law as long as the guns remained inert.
In practice it would probably be better for a felon not to be caught with a cap and ball pistol or a Sharps rifle even if unloaded. Strange things can happen.0 -
wait until someone gets killed with a muzzle loader. Then the MSM will be all over themselves trying to get the "muzzle loader loophole" closed and ban things like flint and ramrods. 0 -
Originally posted by ljwrench
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.
[:D][:D][:D]0 -
"he should have asked for gb members as an attorney, they know for a fact it is not a firearm"
1911A1fan you are killing me. I and another member have posted a c and p of the LAW, both federal and for the state of North Carolina. I flat out proved that you are wrong in your asssertion that felons cannot possess muzzleloaders in North Carolina. Yet you continue with your mistaken assertions.
Well, bud, don't let yourself be confused by the facts.0 -
do you know any felons who own muzzle loaders?
don't tell me you have never known a felon ether, i know several in Missouri and Illinois, none of who can own a muzzle loader, we have a member who knows at least second hand that a friend was charged federally with owning a muzzle loader as a firearm, but i guess he is a liar0 -
quote:Originally posted by 1911a1fan
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 dynamite
If you read the quote it says that antiques are excepted. Under the Gun Control Act, reproductions of antique firearms are also considered antique firearms as long as they do not used fixed ammunition. So, the Feds do not consider muzzle loaders as being firearms.
quote: TITLE 27--ALCOHOL, TOBACCO PRODUCTS, AND FIREARMS
CHAPTER II--BUREAU OF ALCOHOL, TOBACCO, FIREARMS, AND EXPLOSIVES,
DEPARTMENT OF JUSTICE
PART 478_COMMERCE IN FIREARMS AND AMMUNITION--Table of Contents
Subpart B_Definitions
Sec. 478.11 Meaning of terms.
Antique firearm. (a) Any firearm (including any firearm with a
matchlock, flintlock, percussion cap, or similar type of ignition
system) manufactured in or before 1898; and (b) any replica of any
firearm described in paragraph (a) of this definition if such replica
(1) is not designed or redesigned for using rimfire or conventional
centerfire fixed ammunition, or (2) 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.
Firearm. 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; the frame or receiver of any such weapon; any
firearm muffler or firearm silencer; or any destructive device; but
the term shall not include an antique firearm. In the case of a licensed
collector, the term shall mean only curios and relics.
Also, black powder for small arms is not considered an explosive unless it is in a package greater than 1 lb net weight.
quote: TITLE 49--TRANSPORTATION
CHAPTER I--PIPELINE AND HAZARDOUS MATERIALS SAFETY ADMINISTRATION,
DEPARTMENT OF TRANSPORTATION
PART 173_SHIPPERS_GENERAL REQUIREMENTS FOR SHIPMENTS AND PACKAGINGS--
Subpart E_Non-bulk Packaging for Hazardous Materials Other Than Class 1
and Class 7
Sec. 173.170 Black powder for small arms.
Black powder for small arms that has been classed in Division 1.1
may be reclassed as a Division 4.1 material, for domestic transportation
by motor vehicle, rail freight, and cargo vessel only, subject to the
following conditions:
(a) The powder must be examined and approved for Division 1.1 and
Division 4.1 classification in accordance with Sec. Sec. 173.56 and
173.58;
(b) The total quantity of black powder in one motor vehicle, rail
car, or freight container may not exceed 45.4 kg (100 pounds) net mass,
and no more than four freight containers may be on board one cargo
vessel;
(c) The black powder must be packed in inner metal or heavy wall
conductive plastic receptacles not over 454 g (16 ounces) net capacity
each, with no more than 25 cans in one outer UN 4G fiberboard box. The
inner packagings must be arranged and protected so as to prevent
simultaneous ignition of the contents. The complete package must be of
the same type which has been examined as required in Sec. 173.56;
(d) Each completed package must be marked ``BLACK POWDER FOR SMALL
ARMS'' and ``NA 0027''; and
(e) Each package must bear the FLAMMABLE SOLID label.0 -
quote:Originally posted by 11b6r
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.
Correct on all aspects!
A muzzle loader that uses percussion caps and not primers are fine under fedral law as are bows!
State laws differ greatly so some states may not allow it!
Check with your local law enforcement agency!0 -
I guess I am still not understanding. Why would anyone want to muzzle mussels much less load them.
There once was a shooter from Brussels
Who loaded and loaded with mussels...
He wanted to end this thread
and go off to bed
because he couldnt move another muscle[:D]0
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