Can a convicted felon own or possess a black powder firearm in Maryland?

Answer 1

A felon could likely obtain any weapon that could be considered a collectors item like an antique which would include black powder weapons im sure

ADDED: The relevant text is contained in 18 USC 921 and 922 (g) and takes some tedious reading to get through. Bottom line seems to be that convicted felons are NOT prevented from possessing GENUINE antiques or REPLICAS (exact copies) of these antiques.

Some try to argue that since all blackpowder arms use a similar type of ignition, that modern blackpowder arms are okay for felons to possess. This is untrue. Modern blackpowder arms are no more like antique weapons than a 2010 Mustang is like a Model "T," that is why the distinction is written into the law. HOWEVER, the laws of many states allow felons to possess firearms UNDER CERTAIN STRINGENT LiMITATIONS. If you are so affected, check CAREFULLY with your local authorities so that you don't run afoul of a very unforgiving law.

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

The Domestic Violence Offender Gun Ban ("Gun Ban for Individuals Convicted of a Misdemeanor Crime of Domestic Violence", is an amendment to the Omnibus Consolidated Appropriations Act of 1997 enacted by the 104th United States Congress in 1996, which bans access to firearms by people convicted of crimes of domestic violence.

The act bans shipment, transport, ownership and use of guns or ammunition by individuals convicted of misdemeanor domestic violence, or who are under a restraining order for domestic abuse in all 50 states. The act also makes it unlawful to knowingly sell or give a firearm or ammunition to such persons.

Firearms dealers are under ever increasing pressure to avoid straw purchases - a purchase made by a non-prohibited person on behalf of a prohibited person. This means that people married to, cohabiting with, or associated with a domestic violence offender can come under very close scrutiny by dealers and law enforcement agencies during the sales process.

The definition of 'convicted' can be found in the chapter 18 U.S.C. § 921(a)(33)(B)(ii) and has exceptions:(33) (B)

(i) A person shall not be considered to have been convicted of such an offense for purposes of this chapter, unless-

(I) the person was represented by counsel in the case, or knowingly and intelligently waived the right to counsel in the case; and

(II) in the case of a prosecution for an offense described in this paragraph for which a person was entitled to a jury trial in the jurisdiction in which the case was tried, either

(aa) the case was tried by a jury, or

(bb) the person knowingly and intelligently waived the right to have the case tried by a jury, by guilty plea or otherwise.

(ii) A person shall not be considered to have been convicted of such an offense for purposes of this chapter if the conviction has been expunged or set aside, or is an offense for which the person has been pardoned or has had civil rights restored (if the law of the applicable jurisdiction provides for the loss of civil rights under such an offense) unless the pardon, expungement, or restoration of civil rights expressly provides that the person may not ship, transport, possess, or receive firearms.

Therefore, if a person was represented by counsel, waived that right, AND, the person was entitled to a trial by jury, but also waived that right, the person shall not be considered to have been convicted if the conviction was expunged or set aside or had his civil rights (to bear arms) restored, UNLESS the further order of the court permanently revokes that right.

So VERY long story short..... not unless you have have had your rights returned to you lawfully.

Answer 4

im not sure, but i want to own one if im allowed

Answer 5

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