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The Range
Law & Order
Felons and muzzleloaders...
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<blockquote data-quote="TallPrairie" data-source="post: 1667222" data-attributes="member: 7815"><p><em>* DISCLAIMER: NOT LEGAL ADVICE *</em></p><p></p><p>As a further illustration of the perils of asking legal questions on Internet forums -- </p><p></p><p>It was claimed above that federal law prohibits felons from owning muzzleloading firearms. <strong>No;</strong> it does not. </p><p></p><p>A post above cited 18 USC 922(g), the provision of the federal Gun Control Act of 1968 that prohibits felons from possessing "firearms." However, "firearm" is defined, for federal purposes, in 18 USC 921, the "definitions" section of the Act. Section 921(a)(3) defines "firearm" to exclude "antique firearms." It reads:</p><p></p><p></p><p></p><p>See that last bolded part? 18 USC 921 goes on to define "antique firearm," in 921(a)(16): </p><p></p><p> </p><p></p><p>Link: <a href="http://codes.lp.findlaw.com/uscode/18/I/44/921" target="_blank">http://codes.lp.findlaw.com/uscode/18/I/44/921</a></p><p></p><p>So, blackpowder muzzleloading firearms that cannot use metallic cartridges are explicitly defined as <strong>NOT</strong> being "firearms" for purposes of the Gun Control Act. Thus, they are not subject to the federal prohibition on the possession of "firearms" by a convicted felon. Nor are they subject to the other restrictions that the Gun Control Act places on the sale and transfer of firearms. That is why, in many states, an individual can <a href="http://www.midwayusa.com/product/251179/uberti-1858-remington-steel-frame-black-powder-revolver-44-caliber-5-1-2-stainless-steel-barrel" target="_blank">order a blackpowder percussion revolver</a> from a retailer such as Midway USA by mail or Internet and have it shipped to his front door.</p><p></p><p><em><strong>State laws are an entirely separate matter, however.</strong> </em> Some states allow convicted felons to possess certain muzzleloading firearms. Some do not. </p><p></p><p>I haven't researched Oklahoma law on this matter (let alone Missouri?!) so I would have nothing to add about that. The sections from the Oklahoma statutes reproduced in a post above sure sound like it is not allowed.</p></blockquote><p></p>
[QUOTE="TallPrairie, post: 1667222, member: 7815"] [I]* DISCLAIMER: NOT LEGAL ADVICE *[/I] As a further illustration of the perils of asking legal questions on Internet forums -- It was claimed above that federal law prohibits felons from owning muzzleloading firearms. [B]No;[/B] it does not. A post above cited 18 USC 922(g), the provision of the federal Gun Control Act of 1968 that prohibits felons from possessing "firearms." However, "firearm" is defined, for federal purposes, in 18 USC 921, the "definitions" section of the Act. Section 921(a)(3) defines "firearm" to exclude "antique firearms." It reads: See that last bolded part? 18 USC 921 goes on to define "antique firearm," in 921(a)(16): Link: [url]http://codes.lp.findlaw.com/uscode/18/I/44/921[/url] So, blackpowder muzzleloading firearms that cannot use metallic cartridges are explicitly defined as [B]NOT[/B] being "firearms" for purposes of the Gun Control Act. Thus, they are not subject to the federal prohibition on the possession of "firearms" by a convicted felon. Nor are they subject to the other restrictions that the Gun Control Act places on the sale and transfer of firearms. That is why, in many states, an individual can [URL="http://www.midwayusa.com/product/251179/uberti-1858-remington-steel-frame-black-powder-revolver-44-caliber-5-1-2-stainless-steel-barrel"]order a blackpowder percussion revolver[/URL] from a retailer such as Midway USA by mail or Internet and have it shipped to his front door. [I][B]State laws are an entirely separate matter, however.[/B] [/I] Some states allow convicted felons to possess certain muzzleloading firearms. Some do not. I haven't researched Oklahoma law on this matter (let alone Missouri?!) so I would have nothing to add about that. The sections from the Oklahoma statutes reproduced in a post above sure sound like it is not allowed. [/QUOTE]
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