Can a felon in California hunt with an 1800's replica black powder rifle?

Answer 1

The basic answer is no. A felon cannot own or possess ANY item that is classified as a firearm, unless the felon's rights have been restored.

Added: Actually the allowable date for the ownership of an "antique" firearm goes back to an even earlier date than 1900. And the law requires that it be a genuine antique or a "replica" of an antique (i.e.: replica - meaning an EXACT copy in every way) of a firearm of that era.

However the addition to that is - even though the felon may own such an antique (or replica) firearm they may NOT possess the black powder with which to fire it.

Black powder is classified as an explosive and felons are also prohibited by federal law from possessing explosives. Unless the felon likes to collect antiques, the only lawful thing they can do with it is look at it hanging on the wall.

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, and California laws are trickier than most. 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.