Can felons own black powder guns in Florida?

Answer 1

Yes, felons can obtain permission to own hunt and shoot black powder firearms by filing a petition with the county district court.as a federal felon I simply looked up the laws in the state of Virginia and filed a petition to own a black powder firearm,and represented myself,the Judge granted my request,and sent me a court order a week later,which I was to keep in my posession when hunting or target shooting. It is very important to be specific in what you ask for,primative weapons classifications include firearms over 100 years old which include some very modern cartrdges,and rifles,such as old Mausers enfields, Winchester ,etc which contain the the powder. bullet,and primer in black powder configerations,such as a late 1800 colt 45cal pistol,or a Henry 44 cal rifle. however,based on my petition ,I only included black powder components.My, petition would have been deniied if i included primative weapons.after, i presented my case,several lawers in court thanked me for setting a precedent in the state.I also included bow and arrows

Answer 2

The Gun Control Act of 1968 (GCA) prohibits felons and certain other persons from possessing or receiving firearms and ammunition ("prohibited persons"). These categories can be found at 18 U.S.C. § 922(g) and (n) in or at the ATF website aft.gov/publications/download/p/atf-p-5300-4.pdf

However, Federal law does not prohibit these persons from possessing or receiving an antique firearm. The term "antique firearm" means any firearm (including any firearm with a matchlock, flintlock, percussion cap, or similar type of ignition system) manufactured in or before 1898. The definition includes any replica of an antique firearm if it is not designed or redesigned for using rimfire or conventional centerfire fixed ammunition, or uses rimfire or conventional centerfire ammunition which is no longer manufactured in the United States, and which is not readily available in ordinary channels of commercial trade. Further, any muzzle loading rifle, shotgun, or pistol which is designed to use black powder or black powder substitute, and which cannot use fixed ammunition, is an "antique firearm" unless it (1) incorporates a firearm frame or receiver; (2) is a firearm which is converted into a muzzle loading weapon; or (3) is a muzzle loading weapon which can be readily converted to fire fixed ammunition by replacing the barrel, bolt, breechblock, or any combination thereof. See 18 U.S.C. § 921(a)(3), (a)(16).

Thus, a muzzle loading weapon that meets the definition of an "antique firearm" is not a firearm and may lawfully be received and possessed by a prohibited person under the GCA.

In addition, the GCA defines the term "ammunition" to mean "ammunition or cartridge cases, primers, bullets, or propellant powder designed for use in any firearm." Because an "antique firearm" is not a "firearm," it would is lawful for a prohibited person to receive or possess black powder designed for use in an "antique firearm." Also, the Federal explosives laws do not make it unlawful for a prohibited person to acquire and possess black powder in quantities not exceeding fifty pounds if it is intended to be used solely for sporting, recreational, or cultural purposes in "antique firearms." See 18 U.S.C. § 845(a)(5)

By contrast, a prohibited person may not receive or possess black powder firearms that can be readily converted to fire fixed ammunition by replacing the barrel, bolt, breechblock, or any combination thereof. ATF has classified certain muzzle loading models as firearms. All of these models incorporate the frame or receiver of a firearm that is capable of accepting barrels designed to fire conventional rimfire or centerfire fixed ammunition. These muzzle loading models do not meet the definition of "antique firearm" as that term is defined in 18 U.S.C. § 921(a)(16), and are "firearms" as defined in 18 U.S.C. § 921(a)(3). Furthermore, as firearms, these and similar models, regardless of the barrel installed on the firearm or provided with the firearm, are subject to all provisions of the GCA. Persons who purchase these firearms from licensed dealers are required to fill out a Firearms Transaction Record, ATF Form 4473, and are subject to a National Instant Criminal Background Check System (NICS) check. Felons and other prohibited persons may not lawfully receive or possess these firearms or ammunition.

The following is a list of weapons that load from the muzzle and are classified as firearms, not antiques, under the GCA, because they incorporate the frame or receiver of a firearm:- 2 -

• Savage Model 10ML (early, 1st version)

• Mossberg 500 shotgun with muzzle loading barrel • Remington 870 shotgun with muzzle loading barrel • Mauser 98 rifle with muzzle loading barrel

• SKS rifle with muzzle loading barrel

• PB sM10 pistol with muzzle loading barrel

• H&R/New England Firearm Huntsman

• Thompson Center Encore/Contender

• Rossi .50 muzzle loading rifle

This list is not complete and frequently changes. There may be other muzzle loaders also classified as firearms. As noted, any muzzle loading weapon that is built on a firearm frame or receiver falls within the definition of a firearm provided in 18 U.S.C. § 921(a)(3).

Finally, even though a prohibited person may lawfully possess an antique firearm under Federal law, State or local law may classify such weapons as "firearms" subject to regulation. Any person considering acquiring a black powder weapon should contact his or her State Attorney General's Office to inquire about the laws and possible State or local restrictions.

Answer 3

The question states, "REPLICA antique black powder muzzle loader" If it is a true NON-FUNCTIONING replica the answer is yes. HOWEVER, if it is a FUNCTIONING black powder firearm the answer is NO! The law includes black powder and muzzleloading weapons and classifies them as FIREARMS. Convicted felons are prohibited from owning or possessing firearms or ammunition of any type.

Answer 4

No. US Code, Title 18, defines black powder arms as firearms, whose possession is prohibited by convicted felons - UNLESS - it is a genuine antique manufactured in, or before 1899.

You will need to consult a lawyer who is familiar with firearms law for a legal, correct and current answer.

1. "Section 921(a)(16) establishes that convicted felons may possess (1) antique muzzle loading firearms using black powder, (2) black powder substitutes designed for use in muzzleloaders as propellants, and (3) flintlock or percussion cap ignition items. However, they cannot possess a muzzle loader that incorporates the frame or receiver of a firearm, or 209 primers for a muzzleloader that utilizes such primers. Although possession of a muzzle loader that does not incorporate a frame or receiver of a firearm is legal, it would be unlawful to possess the #209 primers since "primers" are included and defined under "ammunition" in the GCA. This definition, provided in 18 U.S.C. 921(a)(17), specifies that ammunition means ammunition or cartridge cases, primers, bullets, or propellant powder designed for use in any firearm."

2. "One good example that a prohibited person would be allowed to own and use is a "Traditional Hawken Rifle." The Traditional Hawken uses percussion caps that are not classified ammunition.. An example of a weapon that a prohibited person would not be allowed to own, possess, or use ia a Thompson Encore, because it incorporates a frame or receiver of a firearm."

3. "Concerning "antique ammunition" there is no such item under Federal law: thus, percussion caps and black powder are not ammunition components, are part of a primitive ignition system, and may be possessed by prohibited persons. However, FTB cautions that modern primers (e.g., shot shell #209 commonly used with in-line ignited muzzle loaders) are considered ammunition. Therefore, although a convicted felon may legally own a 209 primer type muzzle loader because it falls within the GCA's definition of an "antique firearm," possession of 209 shotgun primers would, in fact, constitute a violation of the GCA."

4. "You also inquired about several types of bullets and sabot that can be used with muzzle loading weapons. If the projectiles are manufactured and used exclusively for muzzle loading weapons and are not designed to be used in convention ammunition as defined in 18 U.S.C. 921(a)(17), they would not be classified as ammunition."

5. "Because black powder guns are not classified by ATF as firearms, there is no Federal prohibition preventing a convicted felon from owning, possessing, or hunting with these weapons."

These 5 paragraphs are included in 2 letters, dated December 26, 2007 & May 06, 2008, that I received from the Bureau of Alcohol, Tobacco, Firearms, and Explosives.

Federal law does not prohibit a convicted felon from owning, possessing, or hunting with a flintlock or percussion cap ignited side-hammer or modern in-line muzzle loader, which does not incorporate the frame or receiver of a firearm. ( possession of a modern in-line muzzle loader, which does not incorporate the frame or receiver of a firearm, is not prohibited. The possession of #209 shotgun primers for modern in-line muzzle loaders are prohibited and would be a violation of the GCA.

Some States do not prohibit and other States do prohibit a convicted felon from owning, possessing, or hunting with a black powder gun and its components. So check with the State you live in for the law concerning "the possession of a muzzle loading weapon by a convicted felon." Or check with a lawyer if you can locate a good one.

Answer 5

It depends on the laws of the individual states. However, under Federal law (18 USC) blackpowder weapons are defined as firearms under the section of the law prohibiting their ownership by convicted felons.

Answer 6

not in Great Britain

Added: (in the US) See US Code Title 18, Paragraphs 921 & 922 which define (IN THE CRIMINAL CODE) the blackpowder arms that are considered legal for convicted ex-felons to possess.

Briefly: They must either be genuine antiques manufactured before a certain date in the mid 1800's (the exact year escapes me at the moment), OR an exact replica of such an antique weapon. Modern-day weapons, simply because they fire black powder, are NOT acceptable - UNDER THE CRIMINAL CODE.

CAUTION: Do not confuse this section of the US Criminal Code with the section of the Code that the BATF uses to define an antique weapon. For an ex-felon it is the CRIMINAL section of the statute that rules, and NOT the BATF definition.

Answer 7

Depends on what type of muzzleoader, and in what state. Muzzleoaders that use #209 shotshell primers may NOT be possessed by a felon- US Federal law considers a #209 primer to be "ammunition"- and a felon may not possess.

However, SOME states do not permit a felon to possess ANY firearm, and some states prohibit possession of black powder by a felon. You need to consult an attorney in YOUR state.

Answer 8

you have to ask your state your in i now know you can not in VA

Answer 9

No a convicted felon can not own any type of projectile firearm. A black powder pistol is still a firearm. no it is a firearm