Can a felon own a muzzleloader in tx?

Answer 1

Yes.

THE BELOW APPLIES TO TEXAS RESIDENTS ONLY - All others please refer to the laws in your own state.

I am a convicted felon who purchases and owns many firearms. Legally.

I got tired of reading all of the inaccurate information I came across on the internet. Here are the facts. Again, the following applies to Texas residents only and can be found by simply looking up the Texas Penal Code, which I have listed at the bottom.

MUZZLELOADERS

There is no 5-year waiting period to purchase or own a muzzleloader. If a person got out of prison yesterday, they can walk into any dealer today and walk out with a muzzleloader with no background check. Keep in mind that this exception does not apply to muzzleloaders which have barrels that can be interchanged in order to fire centerfire ammunition. (ie. Encore and Sportsman models.) Simply ask the person behind the counter if you are unsure. Most retailers like Cabelas, etc. advertise which models don't require an ATF Form 4473 background check.

RIMFIRE or CENTERFIRE (Pistols, shotguns, rifles, etc.)

Convicted felons must wait 5 years from the date of their release from confinement or probation before they can purchase and/or own a centerfire firearm. Understand that even after the 5-year waiting period, a convicted felon will not be able to purchase a centerfire firearm from a dealer or retail store.

However, with that said, a convicted felon CAN purchase a centerfire firearm from an individual seller at a gun show or from a classified ad, etc. after the 5-year waiting period. The individual seller can also legally transfer the firearm into your name. See Sec. 46.06 below.

Keep in mind that even though a convicted felon can purchase and own a centerfire firearm after the 5-year waiting period, they can only possess it in his or her own residence.

Many felons ask about their ability to use a firearm to hunt. See the law below. As for muzzleloaders, the same law applies… there is no waiting period or limitation other than the exception regarding muzzleloaders with interchangeable barrels. As stated below, the law says that a convicted felon may not hunt with a centerfire firearm, only a muzzleloader manufactured before 1899 or a replica. (Any new muzzleloader is considered a replica.)

However, it is unclear whether or not the "your own residence" clause under Sec. 46.04. would apply to that law. For example, I hunt on my deer lease with centerfire firearms. If I were ever arrested for being in possession of a centerfire firearm, I would strongly argue in court that land I own is technically "my residence." With that said, hunt at your own risk.

THE LAWS AS THEY ARE WRITTEN

TEXAS PARKS AND WILDLIFE

Possession of firearms by felons: A convicted felon, regardless of where the conviction occurred, may not possess or use a firearm (as defined by Penal Code, §46.01) to hunt in this state. Under Penal Code, §46.01, a muzzleloading firearm is lawful if it is an antique or curio firearm manufactured before 1899 or a replica of an antique or curio firearm manufactured before 1899 that does not use rimfire or centerfire ammunition.

Texas Penal Code Sec. 46.01. DEFINITIONS.

(3) "Firearm" means any device designed, made, or adapted to expel a projectile through a barrel by using the energy generated by an explosion or burning substance or any device readily convertible to that use. Firearm does not include a firearm that may have, as an integral part, a folding knife blade or other characteristics of weapons made illegal by this chapter and that is:

(A) an antique or curio firearm manufactured before 1899; or

(B) a replica of an antique or curio firearm manufactured before 1899, but only if the replica does not use rim fire or center fire ammunition.

Texas Penal Code Sec. 46.04. UNLAWFUL POSSESSION OF FIREARM.

(a) A person who has been convicted of a felony commits an offense if he possesses a firearm;

(1) after conviction and before the fifth anniversary of the person's release from confinement following conviction of the felony or the person's release from supervision under community supervision, parole, or mandatory supervision, whichever date is later; or

(2) after the period described by Subdivision (1), at any location other than the premises at which the person lives.

Teas Penal Code Sec. 46.06. UNLAWFUL TRANSFER OF CERTAIN WEAPONS.

(a) A person commits an offense if the person:

(1) sells, rents, leases, loans, or gives a handgun to any person knowing that the person to whom the handgun is to be delivered intends to use it unlawfully or in the commission of an unlawful act;

(2) intentionally or knowingly sells, rents, leases, or gives or offers to sell, rent, lease, or give to any child younger than 18 years any firearm, club, or illegal knife;

(3) intentionally, knowingly, or recklessly sells a firearm or ammunition for a firearm to any person who is intoxicated;

(4) knowingly sells a firearm or ammunition for a firearm to any person who has been convicted of a felony before the fifth anniversary of the later of the following dates:

(A) the person's release from confinement following conviction of the felony; or

(B) the person's release from supervision under community supervision, parole, or mandatory supervision following conviction of the felony;

(5) sells, rents, leases, loans, or gives a handgun to any person knowing that an active protective order is directed to the person to whom the handgun is to be delivered; or

(6) knowingly purchases, rents, leases, or receives as a loan or gift from another a handgun while an active protective order is directed to the actor.