Can a felon in west Virginia carry a black powder rifle?

Answer 1

Under the US Criminal Code, black powder weapons are classified as firearms. Therefore, unless the felons firearm privileges have been restored, he may not possess one.

This is not true. According to ATF, black powder weapons are not considered firearms and are not controlled by ATF. Some state laws do classify BP weapons (as well as air rifles) as firearms and prohibit felons from possessing them. Virginia does not classify BP weapons as firearms and thus there is no prohibition from ownership.

Added: The ATF portion of the US Code is not the governing statute which addresses UNLAWFUL POSSESSION OF FIREARMS BY CONVICTED FELONS.

The appropriate section of the US Criminal Code is - 18 USC, Para 921.

Therein you will find blackpowder arms described, and defined, and the language prohibitting their possession by felons.

FYI - black powder is further described as an "explosive," and the possession of explosives by felons is ALSO prohibited.

So . . . both the possession of modern blackpowder arms AND the propellant which fires them is prohibited to felons.

Actually if you read the paragraph you'd note that it specifically says that antiques and replicas thereof are specifically excluded from the description of a firearm. Also, Black powder in quantities of less than 50# is not considered an explosive. The original poster and any other interested parties might do well to check the ATF website for information about the restoration of their civil rights including the right to own firearms.

Answer 2

Yes, felons can now purchase and possess Black Powder firearms in West Virginia. Senate Bill 419, 2021 session passed into law and was signed by the governor. The law is in the WV Code 61.7.1, 61.7.7

The definition of the law was changed and black powder revolvers and any muzzleloader can be purchased and possessed by felons as they are no longer considered firearms. Revolvers must be pre 1898, and black powder cap and ball revolvers only. Read the law or contact a 2nd Amendment lawyer in WV for legal advice.