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Can a convicted former felon own/possess a muzzleloader?

Discussion in 'Law & Order' started by Dr. Tad Hussein Winslow, Jul 23, 2009.

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Can a felon own a muzzleloader?

Poll closed Dec 20, 2009.
  1. Yes, it's settled law in Oklahoma; they can, including smokeless MLs requiring NICS

    7 vote(s)
    7.5%
  2. Yes, settled law, but not ones requiring NICS (smokeless)

    7 vote(s)
    7.5%
  3. Unclear/ gray area / needs to be clarified by the AG or legislature

    8 vote(s)
    8.6%
  4. No they cannot

    37 vote(s)
    39.8%
  5. I have no idea.

    34 vote(s)
    36.6%
  1. Dr. Tad Hussein Winslow

    Dr. Tad Hussein Winslow Sharpshooter Member

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    ???? I should know this but I don't.

    I know that FEDERAL law does not consider muzzleloaders to be "firearms", but don't know about state law.

    If you know the answer, then are airguns in the same or a different boat as muzzleloaders?

    Yes, I have a friend of a friend who would like to hunt....completely non-violent conviction, BTW, and debt to society paid in full.
     
  2. Veggie Meat

    Veggie Meat Sharpshooter Member

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    http://www.oscn.net/applications/oscn/DeliverDocument.asp?CiteID=69760

     
  3. gerhard1

    gerhard1 Sharpshooter Member

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    Is the conviction was in Oklahoma, and his behavior has been good since, he might try to get his gun rights restored. Many states have mechanisms in place to do just that, especially for non-violent felons.
    My suggestion would be to talk to an attorney.
     
  4. CODE_3

    CODE_3 Sharpshooter Member

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    It's not a firearm.
     
  5. Dr. Tad Hussein Winslow

    Dr. Tad Hussein Winslow Sharpshooter Member

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    Veggie meat, that definition certainly encompasses MLs, thank you. And if it's a "rifle", presumably it's a "firearm".

    That's for purposes of THOSE sections as it says; wonder about "for other purposes" though, such as the statute preventing felons from possessing firearms, that aren't part of the Oklahoma Firearms Act of 1971, in that section of title 21.

    Also, oddly enough, what if you cut your ML barrel down to 15", then it wouldn't be a "rifle" under that definition, so then what is it? And yet still not violative of any law perhaps.... Is a short-barreled (<16") muzzleloader legal without an SBR stamp under federal law? If it's legal, then you could maybe make an end run around the rifle definition - But, it still may be a "firearm" anyway, notwithstanding that it's not a "rifle".

    City ordinances in my experience tend to define firearms very broadly, and includes MLs and even airguns. But we're talking state, not city or federal definitions here.

    What's your basis for saying that, Code 3?

    We know that under FEDERAL law, it's not, and neither is a cartridge arm manufactured prior to 1898 considered to be a "firearm" under FEDERAL law. But we've got both federal AND state law prohibiting felons from owning "firearms", so we have to comply with the most restrictive definition. If the state definition of firearm is more restrictive than the federal definition, we have to follow state, because you have to follow all laws, and the federal laws don't supersede unless preemption takes place where the fedgov intends to occupy the entire field of regulation; in the case of firearms, they don't. There are many supplemental state laws on the subject of guns.

    Can a felon carry around a pre-1898 OR an ML freely when hunting? It would seem odd that they be able to use an 88 commission rifle or similar, of "modern" construction, but federal law puts them in the same category. It would certainly be nice if the friend of a friend could hunt with both ML and something like a commission rifle during gun season!

    Sure wish I could come up with a clear answer to this. Bah.. The poll results are interesting. I voted No idea, obviously. The 5 people purporting to know, please expand (except for the 1 gray area voter). Thanks.
     
  6. Honeybee

    Honeybee Sharpshooter Member

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    I should clarify my yes, that is yes if you will get a pardon from the governor.
     
  7. shooterdave

    shooterdave Sharpshooter Member

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    You have Waaaaaay to much time on your hands to ponder the "what if's"

    LOL
     
  8. repete34

    repete34 Sharpshooter Member

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    It is not a firearm unless it is used as one. You can but a ML revolver without the 4473, but if you carry it loaded it is a firearm.

    everything should be clear as mud now.
     
  9. ray76

    ray76 Sharpshooter Member

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    Have him go buy a rifle. If he can buy one, he can own one. If he gets denied, then you know the answer.
     
  10. shooterdave

    shooterdave Sharpshooter Member

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    Anyone can buy a Muzzloader off the shelf at Wal Mart. They are hanging on pegs in the Sporting Goods section.
     

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