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 can a felon own or sell an antique gun
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oldgunsale
Starting Member

13 Posts

Posted - 09/12/2008 :  02:51:25 AM  Show Profile  Reply with Quote
I read the atf sight summary and it stated that a person imprisoned for a year or more cannot own a fire arm. can a person who has a felony but was never imprisoned own an antique gun, can that same person own or sell a gun newer than 1899? thanks for your info. these laws are so complex.

allen griggs
Advanced Member

USA
27168 Posts

Posted - 09/12/2008 :  05:11:18 AM  Show Profile  Reply with Quote
The laws are complicated.
According to Federal law, a person convicted of a felony may own, posess, and sell a gun made before 1899.
A convicted felon may not own, posess, or sell a gun made during or after 1899.
Federal law does not restrict muzzleloaders.

Some state laws are much more restrictive. New Jersey is an example.

As far as I know, for the Feds, all that matters is whether or not the person has a felony conviction, it doesn't matter if they were imprisoned or not.

Edited by - allen griggs on 09/12/2008 05:38:11 AM
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jonk
Advanced Member

9713 Posts

Posted - 09/12/2008 :  09:11:09 AM  Show Profile  Reply with Quote
I believe G. Gordon Liddy owns a muzzleloading cap and ball revolver.

"...hit your enemy in the belly, and kick him when he is down, and boil his prisoners in oil- if you take any- and torture his women and children. Then people will keep clear of you..." -Admiral of the Fleet Lord Fisher, speaking at the Hague Peace Conf
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BigLoop22
Member

USA
578 Posts

Posted - 09/12/2008 :  1:32:19 PM  Show Profile  Reply with Quote
Gents,

Once upon a time, Chalmette Jewelers & Sporting Goods did a bang-up business. They sold all sorts of guns, knives, and what-have-you. Well, the Feds became interested in them, because they were really selling the snot out of guns, and, apparently, did so to some shady characters, through some questionable means. Chalmette Jewelers lost their FFL, and a couple of the owners did some time. The last time that I visited Chalmette Jewelers & Sporting Goods, pre-Katrina, they were selling air guns, crossbows, paintball guns & supplies, and muzzleloader rifles. I guess that my comment about them no longer selling real guns did not sit well with the owners! ...but, they still treated me alright.




BigLoop22
---------------------------------


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cbxjeff
Advanced Member

USA
9820 Posts

Posted - 09/12/2008 :  3:23:01 PM  Show Profile  Reply with Quote
Pre-1899 items are not firearms per BATF. My 3 year old grand-daughter can own one. State & local laws may vary.

cbxjeff<P>It's too late for me, save yourself. <br>
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nmyers
Advanced Member

12693 Posts

Posted - 09/12/2008 :  3:43:20 PM  Show Profile  Reply with Quote
The person may not have a problem, with either modern OR antique firearms.

The key words in the federal law are "punishable by more than one year in jail". It doesn't matter what his sentence was, or how much time he served. He must learn the law IN THE COURT IN WHICH HE WAS TRIED, AT THE TIME HE WAS TRIED. This may require a visit to the police, states attorney, or he may want to hire an attorney.

Neal
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11b6r
Advanced Member

USA
13145 Posts

Posted - 09/12/2008 :  5:30:54 PM  Show Profile  Reply with Quote
Fed law- no problem. State law- MAY be a problem. And a muzzleloader that uses 209 primers gets you into the category of AMMUNITION, which #11 caps do not (felon may not possess AMMO, as well as guns). What state?

"Minds are like parachutes. Just because you've lost yours doesn't mean you can borrow mine."
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jimthompson502002
Junior Member

USA
104 Posts

Posted - 09/13/2008 :  11:31:21 PM  Show Profile  Reply with Quote
Based on what I've seen, it would be extremely unwise
even to inquire. That doesn't mean such ownership is
unlawful, but parole/probation and law enforcement officers
very frequently find arrests of convicted felons
very easy. The general policy is: incarcerate first,
and preferably, never ask any questions. I know of cases
in Arizona where a party was jailed for "drinking" in
violation of his probation; what he was drinking was
root beer in a brown bottle. Eight days later, he was out,
but the episode cost him his job. Some of these situations
are extremely sensitive, and it is unwise to even
approach the edge of the "rules".
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