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View Poll Results: Can a felon own a muzzleloader?

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  • Yes, it's settled law in Oklahoma; they can, including smokeless MLs requiring NICS

    7 7.53%
  • Yes, settled law, but not ones requiring NICS (smokeless)

    7 7.53%
  • Unclear/ gray area / needs to be clarified by the AG or legislature

    8 8.60%
  • No they cannot

    37 39.78%
  • I have no idea.

    34 36.56%
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  1. #1

    Default Can a convicted former felon own/possess a muzzleloader?

    ???? 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. #2

    Default Re: Can a convicted former felon own/possess a muzzleloader?

    http://www.oscn.net/applications/osc...p?CiteID=69760

    "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".
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  3. #3

    Default Re: Can a convicted former felon own/possess a muzzleloader?

    Quote Originally Posted by Dr. Tad Hussein Winslow View Post
    ???? 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.
    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.
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  4. #4
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    Default Re: Can a convicted former felon own/possess a muzzleloader?

    It's not a firearm.


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  5. #5

    Default Re: Can a convicted former felon own/possess a muzzleloader?

    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.

    It's not a firearm.
    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.
    Last edited by Dr. Tad Hussein Winslow; 07-24-2009 at 10:45 AM.

  6. #6

    Default Re: Can a convicted former felon own/possess a muzzleloader?

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

    Default Re: Can a convicted former felon own/possess a muzzleloader?

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

    LOL
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    Quote Originally Posted by TwoForFlinching View Post
    I ******* love this thread

  8. #8

    Default Re: Can a convicted former felon own/possess a muzzleloader?

    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. #9
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    Default Re: Can a convicted former felon own/possess a muzzleloader?

    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. #10

    Default Re: Can a convicted former felon own/possess a muzzleloader?

    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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    Quote Originally Posted by TwoForFlinching View Post
    I ******* love this thread

  11. #11
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    Default Re: Can a convicted former felon own/possess a muzzleloader?

    a friend of mine was convicted of a non violant crime. he served his full sentence including parol without any problems.his lawer told him after 7 years with out any problems no tickets or anything that he could go before the court system and get his gun rights back.he went back to the court last spring and got his rights back.he said he used his original lawer that knew his history.the only expense he was out was lawer fees for assisting him.

  12. #12

    Default Re: Can a convicted former felon own/possess a muzzleloader?

    Hey doc,I worked for D.O.C. for ten years and at that time an ex con could own a long gun for hunting but not a handgun.

  13. #13

    Default Re: Can a convicted former felon own/possess a muzzleloader?

    Quote Originally Posted by CODE_3 View Post
    It's not a firearm.
    yes a muzzle loader is a firearm. I thought you were a cop.

  14. #14

    Default Re: Can a convicted former felon own/possess a muzzleloader?

    without a shadow of a doubt, the 2nd Amendment says shall not be infringed, when are the American people, and our government going to understand simple english.
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  15. #15

    Default Re: Can a convicted former felon own/possess a muzzleloader?

    Above I said:

    and neither is a cartridge arm manufactured prior to 1898 considered to be a "firearm" under FEDERAL law.
    But that is not really correct. The federal law defines such as "Antique Firearms" - NOT "non-firearms". They are exempt from most (all?) regulation, such as GCA 68, but that doesn't make them not "firearms". Sigh.

    And I'm not even 100% certain that my assertion that "muzzleloaders are not firearms under federal law" is correct - so I'm pretty much back to square one.

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