Felon exemption for antique firearms
The law is pretty clear, certain antique firearms (mostly front stuffers) are not classified as firearms under the law. Since they are not legally firearms, there’s no prohibition of felons owning them. One guy researched this before hunting. He was arrested anyway:
Weeks, his wife and his father researched the law banning felons from possessing guns and found an exception for antique guns and their replicas. He was dressed in camouflage gear and an orange safety vest with a replica of a 1918 .50 caliber muzzleloader rifle in his pickup truck when he was arrested in 2012 by a Fish and Wildlife Conservation Commission officer.
He was convicted of being a felon in possession of a firearm and sentenced to three years’ probation.
His conviction was overturned. I think he should sue everyone involve.
September 23rd, 2016 at 5:31 pm
Federal and state laws may differ on the topic.
September 23rd, 2016 at 6:24 pm
What Tam said. Muzzleloaders are firearms in Illinois just as much as cartridge guns.
As for the federal law, that exemption is pretty much meaningless these days too. Felons are also prohibited from possessing ammunition or ammunition components and the penalty is pretty harsh. Yes, a felon can buy a muzzleloader through the mail (in most places) but it will only be a decoration or expensive club if he wants to stay within the law.
September 23rd, 2016 at 7:53 pm
Colorado state law prohibits felons from possession of black powder, antique firearms and archery equipment.
September 23rd, 2016 at 7:59 pm
Tennessee’s definition of a firearm is broad enough to bar a felon from possessing a muzzleloader, too:
“(11) “Firearm” means any weapon designed, made or adapted to expel a projectile by the action of an explosive or any device readily convertible to that use;”
September 24th, 2016 at 8:39 am
Ted,
Tennessee code does have a specific carve-out for guns that the feds consider antiques.
September 24th, 2016 at 9:39 am
We’re forgetting that the 2a makes no distinction between EX-cons and non ex-cons. If you do not require a babysitter 24/7 then you should not be restricted as such. To hell with the “codes” and “common sense gun laws”, a freed man is a free man.
September 25th, 2016 at 11:28 am
Pseuodonym 9:34,
I agree that’s how it should be. It’s an argument that rarely works in sentencing hearings though.
Keep being heavily involved with your state- and national level RKBA organizations, and volunteering for election campaigns.