In the state of Maine can a felon hunt with a black powder gun?

Answer 1

Colorado does not defines a black-powder or muzzle-loading gun as a "firearm," and therefore a felon can hunt with one. Colorado State Law was amended in 1994 to prohibit the possession of a

firearm or other weapons (pursuant to Colorado Revised Statutes Title

18, Article 12). It was also amended in 2000 to make such possession a

class 6 felony instead of a class 1 misdemeanor. The beginning wording

of CRS 18-12-108 is,

(1) A person commits the crime of possession of a weapon by a previous

offender if the person knowingly possesses, uses, or carries upon his or

her person a firearm as described in section 18-1-901 (3) (h) or any

other weapon that is subject to the provisions of this article

subsequent to the person's conviction for a felony, or subsequent to the

person's conviction for attempt or conspiracy to commit a felony, under

Colorado or any other state's law or under federal law.

CRS 18-1-901(3)(h)The last person thought that this following provision that covers muzzleloaders but it is in fact the same original provision used by the ATF to define a firearm , no where in colo law as far as I know , it says ml guns : 18-1-901(3)(h) "Firearm" means any handgun, automatic, revolver, pistol, rifle, shotgun, or other instrument or device capable or intended to be capable of discharging bullets, cartridges, or other explosive charges.

Answer 2

The Federal Laws governing firearms do not classify muzzleloaders as a "firearm" , and in most states you can buy one with no paperwork or background check. However that does not make it technically legal for a felon to poses it. I have read of cases pertaining to this where the person was hassled at great expense in time and money by local law enforcement regardless of the intended use, only to be convicted on possession of explosives charges for having black powder. The "best practice" I have heard of is obtaining a waiver from BATFE or your local jurisdiction so you have paper in hand showing proof of legal possession, after all it is not worth your time, money or potential freedom dealing with an over zealous prosecutor or non gun friendly jurisdiction when a simple document could prevent it. This topic has been discussed at length for years both pro and con, and what it boils down to is a case by case determination. You can go to free advice.com ( http://forum.freeadvice.com/other-crimes-federal-state-4/ex-felons-black-powder-weapons-legal-386903.html) or better yet to the BATF site ( http://www.atf.gov/firearms/index.htm) and get a more direct answer for your state and county, but the best advice would be to speak to an authority in your state or to BATFE to be 100% sure.

Answer 3

According to Colorado state law, it is illegal for any person convicted of "a felony or conspiracy or attempt to commit a felony, or misdemeanor domestic violence or adjudicated delinquent for a felony to possess a firearm." A black powder rifle falls under the definition of "firearm" according to 26 US Code section 5845, unless it is not being used as a weapon. As with all legal questions, please note that this does not constitute legal advice, and always consult a legal professional.

Answer 4

It is against FEDERAL law for a convicted felon to possess firearms. USC, Title 18 defines black-powder arms as "firearms."

The second statement is completely FALSE. USC, Title 18 defines black powder weapons in most configurations as "antique firearms" and NOT "firearms." For more information Google US title 18 and look in part 1 or I for Crimes and Criminal Procedures, Chapter 44 for Firearms, subsection 921 for Definitions and read for your self.

By the way "antique firearms" are regulated very differently for instance not requiring background checks or registration.

in ga stores do not do a back ground check for a black powder gun but i understand you can own it but not to be fired.

Additional:

18 USC does NOT define all blackpowder arms as antique firearms.

The full text of the appropriate section of 18 USC 921 is quoted as follows:

(quote)

"18 USC § 921 (16)

The term `antique firearm'' means--

(A) any firearm (including any firearm with a matchlock, flintlock, percussion cap, or similar type of ignition system) manufactured in or before 1898; or

(B) any replica of any firearm described in subparagraph (A) if such replica--

(i) is not designed or redesigned for using rimfire or conventional centerfire fixed ammunition, or

(ii) uses rimfire or conventional centerfire fixed ammunition which is no longer manufactured in the United States and which is not readily available in the ordinary channels of commercial trade; or

(C) any muzzle loading rifle, muzzle loading shotgun, or muzzle loading pistol, which is designed to use black powder, or a black powder substitute, and which cannot use fixed ammunition. For purposes of this subparagraph, the term "antique firearm'' shall not include any weapon which incorporates a firearm frame or receiver, any firearm which is converted into a muzzle loading weapon, or any muzzle loading weapon which can be readily converted to fire fixed ammunition by replacing the barrel, bolt, breechblock, or any combination thereof." (unquote)

If the arm itself was not manufactured in 1898, or previously, then it must be a REPLICA of that firearm. A REPLICA means just that - an EXACT copy of that firearm - not a modernized version of it. Just because a similar type of ignition system is used does NOT make a modern blackpowder arm a replica!

The fact that no background check is conducted for the sale of blackpowder arms is totally irrelevant to the question. It is up to the convicted felon to know what weapons he can, and can not possess.

USE CAUTION! The section of the USC under which BATF addresses blackpowder arms is totally irrelevant. For convicted felons, the relevant statute under which they would be charged and prosecuted is Title 18 of the CRIMINAL CODE and not the BATF statute.

Answer 5

Absolutely yes , my next door neiber is a good guy but a convicted felon , i advise him all the time to get a gun , my advise is a 1851 navy colt , its a .44cal six shoot cap and ball revolver , i bought mine (i am NOT a fellon ) for $120.00 new from cabelas ,

A black powder gun isnot considered a fire arm and is not subject to ATF giudelines , the most u will have to do is show an ID because most companys choise not to sell black powder guns to minors ,

Another View: DANGER - DANGER! Before following the above incorrect advice read the appropriate US Criminal Code. (18 USC, Parts 921 & 922). It clearly states what is, and is not, considered a firearm, and clearly identifies black powder weapons as firearms prohibited to be possessed by convicted felons. ONLY antique weapons manufactured before a certrain date are exempt.

Additionaly: Black powder itself is an 'explosive' and explosivess are also prohibited to be possessed by convicted felons.

Violationof these statutes could expose you to a sentence of up to 15 years in federal prison.

Answer 6

Under FEDERAL law, a muzzleloader that uses loose ball and powder is not a firearm, and may be possessed by a person previously convicted of a felony- WITH SOME LIMITS.

It may not use 209 (shotshell) primers. They are considered AMMUNITION- which a felon may NOT possess. Percussion caps, yes.

Second, STATE laws may or may not prohibit possession. In some states, a felon may not possess a muzzleloading gun, others he may. Some states do not permit felons to possess black powder.

Sorry, there is no one simple answer- it depends on where you are.

Answer 7

nope you have to get a permit