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Author Topic: Can a person with a felony!!!  (Read 24682 times)

Offline emac

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Can a person with a felony!!!
« on: August 26, 2015, 03:17:53 PM »
Can a person with a felony hunt with a muzzle-loader. I have a guy at work who has a felony and said he Muzzy hunts. I told him he might want to look into that. I am under the understanding that he would only be able to hunt with a bow

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Offline cbond3318

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Re: Can a person with a felony!!!
« Reply #1 on: August 26, 2015, 03:19:38 PM »
FIRE-arm is a firearm. I'm no lawyer though.
Just tend your own and live.

Offline jkthomps

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Re: Can a person with a felony!!!
« Reply #2 on: August 26, 2015, 03:22:16 PM »
http://wdfw.wa.gov/enforcement/faqs.html

Q. Can a felon have a muzzleloader for hunting?
 A. If the felon has had his/her rights restored through the court of sentencing, yes the felon may use a muzzleloader to hunt. If the felon has NOT had his/her rights restored through the court, then the felon may NOT possess a pistol, shotgun, muzzleloader, or other firearm. The felon can hunt with archery gear but not firearms.

Offline bobcat

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Re: Can a person with a felony!!!
« Reply #3 on: August 26, 2015, 03:28:11 PM »
By federal law a muzzleloader is not considered a firearm, so it may be okay for a felon to possess a muzzleloader in other states. But not in Washington. By state law they ARE considered to be a firearm. That's my understanding of it anyway.

Offline JimmyHoffa

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Re: Can a person with a felony!!!
« Reply #4 on: August 26, 2015, 03:31:12 PM »
By federal law a muzzleloader is not considered a firearm, so it may be okay for a felon to possess a muzzleloader in other states. But not in Washington. By state law they ARE considered to be a firearm. That's my understanding of it anyway.
:yeah:
In a few other states felons can own muzzleloaders.

Offline Fl0und3rz

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Re: Can a person with a felony!!!
« Reply #5 on: August 26, 2015, 03:37:42 PM »
By federal law a muzzleloader is not considered a firearm, so it may be okay for a felon to possess a muzzleloader in other states. But not in Washington. By state law they ARE considered to be a firearm. That's my understanding of it anyway.


http://apps.leg.wa.gov/rcw/default.aspx?cite=9.41.010

Offline Myrtle Creek Inc.

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Re: Can a person with a felony!!!
« Reply #6 on: August 28, 2015, 10:34:19 AM »
From time to time, we get this question over the phone. The 100% safest way to get the answer, for his state, county, city, etc is to call the local sheriff's office.

Offline DOUBLELUNG

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Re: Can a person with a felony!!!
« Reply #7 on: August 28, 2015, 11:57:08 AM »
By federal law a muzzleloader is not considered a firearm, so it may be okay for a felon to possess a muzzleloader in other states. But not in Washington. By state law they ARE considered to be a firearm. That's my understanding of it anyway.
This is correct.  When I worked for Wyoming Game and Fish, it was not uncommon to encounter felons hunting with muzzleloaders - including nonresidents from states where they could only legally archery hunt (like Washington). 
As long as we have the habitat, we can argue forever about who gets to kill what and when.  No habitat = no game.

Offline CoyoteChuck52

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Re: Can a person with a felony!!!
« Reply #8 on: August 29, 2015, 11:40:39 PM »
Anything that moves a projectile by and explosion in this state keeps a felon from what the state says is a  firearm.
 rights have to been reinstated if he is in possession here. Unlawful possession of a firearm otherwise(he would just be making a UTurn in life)
,under Federal law no 209' shotshell or centerfire primers or any explosive for that matter


Bow is fine for now but who knows what they are gonna want next. Its your guns today then your M/L then your bow , ye pocket knife then all the rocks...I guess some folks figure killing will stop at that point huh?...NOT
« Last Edit: August 30, 2015, 12:31:48 AM by CoyoteChuck52 »
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Offline Knocker of rocks

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Re: Can a person with a felony!!!
« Reply #9 on: October 01, 2015, 09:39:10 AM »
What the Feds say

Quote
1. Can a person prohibited by law from possessing a firearm acquire and use a black powder muzzle loading firearm?
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 http://atf.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. A list of State Attorney General contact numbers may be found at www.naag.org.
https://www.atf.gov/file/61721/download

Offline Curly

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Re: Can a person with a felony!!!
« Reply #10 on: October 01, 2015, 09:44:17 AM »
yes a convicted felon may own black powder weapons and hunt with them or archery equipment.

I wonder why you disagree with several others who stated the correct answer above?  :dunno:
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Offline Bofire

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Re: Can a person with a felony!!!
« Reply #11 on: October 01, 2015, 09:50:17 AM »
Knocker nailed it
Carl
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Offline Curly

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Re: Can a person with a felony!!!
« Reply #12 on: October 01, 2015, 09:53:33 AM »
Knocker nailed it
Carl

Yep.  Just like several others had stated previously.

The last sentence in Knocker's quote is key for this state:  "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."
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Offline Bob33

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Re: Can a person with a felony!!!
« Reply #13 on: October 01, 2015, 09:53:56 AM »
yes a convicted felon may own black powder weapons and hunt with them or archery equipment.
Not legally so in Washington with respect to black powder weapons.

http://apps.leg.wa.gov/rcw/default.aspx?cite=9.41.010
(9) "Firearm" means a weapon or device from which a projectile or projectiles may be fired by an explosive such as gunpowder.
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Offline Knocker of rocks

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Re: Can a person with a felony!!!
« Reply #14 on: October 01, 2015, 09:54:47 AM »
yes a convicted felon may own black powder weapons and hunt with them or archery equipment.

Washington states definition of a firearm

RCW 9.41.010
Quote
(9) "Firearm" means a weapon or device from which a projectile or projectiles may be fired by an explosive such as gunpowder.

So the prohibition against firearm possession would apply at state level, unlike the Federal exemption.

 


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