Felons w/ muzzleloaders?

[shift74]

Does anyone know if its legal for a felon to be in possesion of a muzzleloader? He wants to use it for hunting but is not sure if its legal or not.

 

[rich8483]

thats a toughy. i know when i bought my muzzle loader, it said on the package and the owners manual "this is not a "firearm"" which is why you can mail order them and not need background checks. federally they are not a firearm but i dont know about Indiana's definition.

 

[Arm America]

Nope, not legal.
Maybe he can take up bow hunting.

 

[Mgderf]

Does anyone know if its legal for a felon to be in possesion of a muzzleloader? He wants to use it for hunting but is not sure if its legal or not.

I also believe it to be illegal, HOWEVER, if the felony conviction was long ago enough, and if it was NOT a violent crime, your friend SHOULD be able to get his right to carry restored.

It is a lengthy process, but IS possible under certain circumstances.

Just FYI

 

[SavageEagle]

I also believe it to be illegal, HOWEVER, if the felony conviction was long ago enough, and if it was NOT a violent crime, your friend SHOULD be able to get his right to carry restored.

It is a lengthy process, but IS possible under certain circumstances.

Just FYI

Depending on the felony and how long ago it was he could try getting a pardon from the governor. It's always worth a shot.

 

[HandK]

Not only is it illegal for him to own a gun but in most states Felons lose the right to hunt and can not get a license.

 

[Mgderf]

Depending on the felony and how long ago it was he could try getting a pardon from the governor. It's always worth a shot.

I don't know the process, as I've stated before, but I've heard for years about folks petitioning Congress to restore their 2nd amendment rights?
I'm pretty sure this has been discussed here before. I'm confident someone will come along shortly with a more definitive answer.

 

[RachelMarie]

I'm not sure if it's legal. So I will not give you an answer to that.

But contact the county/state the felony charge was in and ask how to get it expunged (sp). I'm pretty sure you have to have had no run in's with LEO for atleast 7-10 years. And like stated, it can't be a violent offense. You will have to write a letter to a judge stating why you want your rights back and what you have done to become a law abiding citizen since your charge. Get a lawyer he can afford to do so. It's possible w/o a lawyer but takes more time.

Hope this helps.

If you look through the archives, this was talked about in this forum a few weeks back. Lots of info in that thread!

 

[djl02]

I

 

[clt46910]

Last I knew it was legal, when did it become illegal?

Had a couple friends with pass felonies that kept blackpower firearms around for home defense. Far as I know, they still do.

 

[bigg cheese]

It's always worth a shot.

Is it?




I have a suggestion -- Let's not become felons

 

[rich8483]

this is from the Indiana state police website

I have a felony record, can I possess a firearm?
No, federal law prohibits a convicted felon from owning a firearm.
I have a felony record, can I possess a cap and ball musket?
Yes, unless your felony conviction is for a crime listed under IC 35-47-4-5.

IC 35-47-4-5
Unlawful possession of firearm by serious violent felon
35-47-4-5 Sec. 5. (a) As used in this section, "serious violent felon" means a person who has
been convicted of:
(1) committing a serious violent felony in:
(A) Indiana; or
(B) any other jurisdiction in which the elements of the crime for which the conviction
was entered are substantially similar to the elements of a serious violent felony; or
(2) attempting to commit or conspiring to commit a serious violent felony in:
(A) Indiana as provided under IC 35-41-5-1 or IC 35-41-5-2;
or
(B) any other jurisdiction in which the elements of the crime for which the conviction
was entered are substantially similar to the elements of attempting to commit or conspiring to
commit a serious violent felony.
(b) As used in this section, "serious violent felony" means:
(1) murder (IC 35-42-1-1);
(2) voluntary manslaughter (IC 35-42-1-3);
(3) reckless homicide not committed by means of a vehicle (IC 35-42-1-5);
(4) battery as a:
(A) Class A felony (IC 35-42-2-1(a)(5));
(B) Class B felony (IC 35-42-2-1(a)(4)); or
(C) Class C felony (IC 35-42-2-1(a)(3));
(5) aggravated battery (IC 35-42-2-1.5);
(6) kidnapping (IC 35-42-3-2);
(7) criminal confinement (IC 35-42-3-3);
(8) rape (IC 35-42-4-1);
(9) criminal deviate conduct (IC 35-42-4-2);
(10) child molesting (IC 35-42-4-3);
(11) sexual battery as a Class C felony (IC 35-42-4-8);
(12) robbery (IC 35-42-5-1);
(13) carjacking (IC 35-42-5-2);
(14) arson as a Class A felony or Class B felony (IC 35-43-1-1(a));
(15) burglary as a Class A felony or Class B felony (IC 35-43-2-1);
(16) assisting a criminal as a Class C felony (IC 35-44-3-2);
(17) resisting law enforcement as a Class B felony or Class C felony (IC 35-44-3-3);
(18) escape as a Class B felony or Class C felony (IC 35-44-3-5);
(19) trafficking with an inmate as a Class C felony (IC 35-44-3-9);
(20) criminal gang intimidation (IC 35-45-9-4);
(21) stalking as a Class B felony or Class C felony (IC 35-45-10-5);
(22) incest (IC 35-46-1-3);
(23) dealing in or manufacturing cocaine or a narcotic drug (IC 35-48-4-1);
(24) dealing in methamphetamine (IC 35-48-4-1.1);
(25) dealing in a schedule I, II, or III controlled substance (IC 35-48-4-2);
(26) dealing in a schedule IV controlled substance (IC 35-48-4-3); or
(27) dealing in a schedule V controlled substance (IC 35-48-4-4).
(c) A serious violent felon who knowingly or intentionally possesses a firearm commits
unlawful possession of a firearm by a serious violent felon, a Class B felony.

 

[Arm America]

I had read something along these same lines on INGO just a few weeks ago and should have re-read it before giving my answer last night about bow hunting maybe being an option. I think I was incorrect.

I looked it up this morning under SEARCH-FELONY QUESTION.
Page 2 provides what appears to me to be the legal answer to your question.
The posting that Denny347 supplied looks to cover all the bases

Thanks Denny347 for the info.

I am not savvy enough to link it to this posting, maybe someone will help out.

 

[danielocean03]

I had read something along these same lines on INGO just a few weeks ago and should have re-read it before giving my answer last night about bow hunting maybe being an option. I think I was incorrect.

I looked it up this morning under SEARCH-FELONY QUESTION.
Page 2 provides what appears to me to be the legal answer to your question.
The posting that Denny347 supplied looks to cover all the bases

Thanks Denny347 for the info.

I am not savvy enough to link it to this posting, maybe someone will help out.

Here you go:

https://www.indianagunowners.com/fo...fense/54802-felony_question-2.html#post598558

 

[danielocean03]

And here's Denny347's post:

Ouch, C Felony Business Burglary is a serious Felony. No he cannot possess firearms or ammunition. However it looks like he can have a muzzle loader. But I've heard that 209 primers are considered ammunition so he could not use a muzzleloader with that style of cap.
Title 18 USC, Section 921 (a)(3) establishes the definition of a "firearm" as follows:

"(3) The term "firearm" means
(A) 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;
(B) the frame or receiver of any such weapon;
(C) any firearm muffler or firearm silencer; or
(D) any destructive device. Such term does not include an antique firearm."

Title 18 USC, Section 921 (a)(16) further defines an "antique firearm" as follows:
"(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, breechblock, or any combination thereof."

 

[Kirk Freeman]

Remember, you have the interaction of state and federal law. State law is narrower and broader than federal law.

Always ask these threshold questions:

1. "For which felony was he convicted?"

This will decide whether he is SVF (serious violent felon). 35-47-4-5 (b)

If not SVF, then muzzleloaders (unless designated Title I by ATF) are not prohibited weapons.

2. "Was the crime a crime of domestic violence?" If yes, then no firearm, muzzleloader or centerfire or rimfire, for him. I.C. 35-47-4-7.