Can a convicted felon...

[Mike_60]

...own and hunt with a muzzle loader?


Thanks,
Mike

[Phildo64]

Yes. Its considered a primative weapon.

[okie362]

^^^^ That

[Dave70968]

I'm inclined to think not, at least in Oklahoma. Federal law excludes from the definition of "firearm" any device not firing fixed (i.e. cartridge) ammunition for the purpose of the felon proscription. Oklahoma, in §21-1289.4, defines rifle thus:

"Rifles" as used in the Oklahoma Firearms Act of 1971, Sections 1289.1 through 1289.17 of this title, shall mean any firearm capable of discharging a projectile composed of any material which may reasonably be expected to be able to cause lethal injury, with a barrel or barrels more than sixteen (16) inches in length, and using either gunpowder, gas or any means of rocket propulsion, but not to include archery equipment, flare guns or underwater fishing guns. In addition, any rifle capable of firing "shot" but primarily designed to fire single projectiles will be regarded as a "rifle".

Note that there's nothing in there about "firing fixed ammunition" that would distinguish a muzzleloader from a modern rifle; the definition says "using...gunpowder," which would include muzzleloaders.

Trouble is, the prohibition on felons carrying firearms is in section 1283, so this definition doesn't strictly apply. I don't have time to do the research right now, but I'll look into it more this evening. I expect I'll find Oklahoma more restrictive on this point than the Feds, though.

[MoBoost]

What about cross bow?

[Ruger76]

I was told that you can or if you can get an attorney to get you a pardon then you can prettymuch buy what thou want again that was what I was told.

[Mike_60]

Thanks for all the quick replies, but I think Dave70968 might be right, because this seems pretty clear and broad. Looking it over, I can't seem to find anything anywhere that would exempt muzzle loaders.

21-1283 Convicted felons and delinquents in possession of firearm
A. Except as provided in subsection B of this section, it shall be unlawful for any person convicted of any
felony in any court of this state or of another state or of the United States to have in his or her possession or
under his or her immediate control, or in any vehicle which the person is operating, or in which the person is
riding as a passenger, or at the residence where the convicted person resides, any pistol, imitation or homemade
pistol, altered air or toy pistol, machine gun, sawed-off shotgun or rifle, or any other dangerous or
deadly firearm.

[rlongnt]

If they were a firearm true you would need a 4473 to buy them. They are sporting goods just the same as a bow and arrow or baseball bat.

[Mike_60]

I guess this would boil down to whether this is considered a firearm or not, but I don't see a definition anywhere.

[Subsonic]

The Duke boys used bow and arrows.

[Werewolf]

No. Blackpowder guns are firearms the way OK law defines them. You may be able to buy them without doing a 4473 based on federal law but a convicted felon cannot own them based on OK law.

That said: IANAL so maybe JB or Henschman could step in and answer the question.

[dalesp]

I seem to remember hearing that they are not considered firearms . . . until they are loaded. Since the rules come from our government did you really expect them to make sense?

[Mike_60]

Does anyone know how possible (and expensive) it is to get one's rights restored?

[Phildo64]

Ive been trying to have my uncle petition the governor for his rights as that seems like the least expensive way and he'd have a TON of positive character references. Other than that he told me having a lawyer do it would be about 10Kish. If the felon is non violent then he stands a chance, but he'd need to do some leg work. I personally think if you've done your 7 years without a incidence and are a positive member of society then I think he should go for it. Id vouch for my unk any day of the week that man has made a huge turnaround.

[Mike_60]

Actually, it is one of my son-in-laws who has the problem. He's a pretty decent fellow now, but he made a few stupid mistakes when he was younger and dumber ending up with a felony drug possession. I think he sometimes kind of feels like a 'third wheel' around my son, and other son-in-law, because all of us are into shooting sports, conceal carry, and such. So, I have been trying to figure out a way to help him out so he'll feel more included, and I was hoping a muzzle stuffer could be the way, but I guess not. That is why the new question about having his rights restored. Maybe, if I can find out about how the process is done we can get the ball rolling in that direction - if possible. But frankly, he nor I has 10K to be able to spend on a possible goose chase. Anyways, thanks for all the replies and if anyone wants to add please do so.

Thanks,
Mike