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Ldelrio
Starting Member

USA
4 Posts

Posted - 02/12/2011 :  11:50:46 AM  Show Profile
Hello, I am new to this forum and would like to know if anyone can provide some assistance as to a convicted felon being able to own or pocess an antique firearm. I have done some research and I believe a convicted felon can actully own and/or pocess a firemar so long as it's antique which in the state of Florida an antique firearm must have been manufactured on or before 1918, and the law also states it can be a replica of those antique firearms. My main question is does anyone know of an antique dealer in the south Florida area that may be able to assist me with this, or does anyone know of any gun manufacturer that makes replicas of such antique weapons? Any guidance will be greatly appreciated. Thank you.

Luis

MMOMEQ-55
Advanced Member

USA
14151 Posts

Posted - 02/12/2011 :  11:56:39 AM  Show Profile
Do a search, this has been hashed out over and over many times on GB.

The day you are born you are dying. Make every day count! -Johnny B.

"Love says I sacrifice myself for the good of the other person.
Abortion says I sacrifice the other person for the good of
myself..." -unknown


In essence many modern day, legally-sanctioned abortion clinics serve the same purpose as Auschwitz, Buchenwald, Dachhau and Hitler's other slaughterhouses, which exterminated an unwanted segment of the population. - Charlie Daniels
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RtWngExtrmst
Advanced Member

USA
7165 Posts

Posted - 02/12/2011 :  12:01:10 PM  Show Profile
You're a criminal and the gov assumes you're going to commit more crimes if you get a gun. So there is a law against you having a gun. Although you're a criminal determined to commit more crimes, we assume you won't commit the crime of obtaining a gun. Sorry, if you need a weapon you'll have to use a knife to commit your next crime.

Proud Rightwing Extremist
If you don't hate ALL politicians, you're not paying attention.

Caution, my opinion may be influenced by race. Mine, not yours.

Every decent man is ashamed of the government he lives under. H.L. Mencken

Women in politics, women judges, women voters and too many girly men = nanny whining state.
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retroxler58
Advanced Member

British Indian Ocean Territories
27238 Posts

Posted - 02/12/2011 :  12:07:26 PM  Show Profile
ZZZZZZZzzzzzzzzzzzzzzzzzzzz.....

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Wyatt Earp
Advanced Member

7196 Posts

Posted - 02/12/2011 :  12:09:59 PM  Show Profile
Depends on what the felony was in my mind. Vandalism on government property is a felony, as an example. So is battery - a charge of battery sometimes is the result of the other guy having a better witness after mutual fight.

So if the felony wasn't of the violent variety, I'd a lot rather see a gun in the hands of a non-violent felon than a lot of people I know.

That said, I woldn't break the law to make it happen.

Edited by - Wyatt Earp on 02/12/2011 12:10:39 PM
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moonshine
Advanced Member

Canary Islands
6536 Posts

Posted - 02/12/2011 :  12:14:52 PM  Show Profile
I heard Wyatt Earp was a violent felon ....
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LaidbackDan
Advanced Member

14152 Posts

Posted - 02/12/2011 :  12:21:38 PM  Show Profile
Are you planning on robbing some Renaissance fairs?


I just read "100 things to do before you die" and was quite surprised that yelling for help wasn't one of them.





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SCOUT5
Advanced Member

8829 Posts

Posted - 02/12/2011 :  12:37:28 PM  Show Profile
Read your state law. Here a felon can posses muzzle loading weapons but nothing that uses "modern" ammunition. Even something that uses a 209 primer may be illegal to have where a #11 percussion cap, musket cap, or flint lock weapopn is okay.

Here you can not legally have an antique firearm that shoot moderen ammunition, regardless of when it was made. My understanding is you can have a cap and ball pistol however.
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grumpygy
Advanced Member

USA
31868 Posts

Posted - 02/12/2011 :  12:50:33 PM  Show Profile
Well here we go again. before I post what I have I would say for a fact you need to see a lawyer and get what law he claims you can possess a firearm and keep a copy with you.


quote:
At first glance, Florida has a funny quirk with the way firearms are defined that allows a Felon to possess certain firearms that are not defined as firearms under Florida law. Upon further investigation, the federal law also exempts antique firearms from the definition of a firearm. I was recently asked if a convicted felon could possess a black powder gun for hunting in the state of Florida. The answer to this question depends on the gun itself.


Florida Statutes 790.001(6) defines a Firearm as as any weapon (including a starter gun) which will, is designed to, or may readily be converted to expel a projectile by the action of an explosive; the frame or receiver of any such weapon; any firearm muffler or firearm silencer; any destructive device; or any machine gun. The term "firearm" does not include an antique firearm unless the antique firearm is used in the commission of a crime.

Florida Statutes 790.001(1) defines an Antique Firearm as any firearm manufactured in or before 1918 (including any matchlock, flintlock, percussion cap, or similar early type of ignition system) or replica thereof, whether actually manufactured before or after the year 1918, and also any firearm using fixed ammunition manufactured in or before 1918, for which ammunition is no longer manufactured in the United States and is not readily available in the ordinary channels of commercial trade.

So it would appear that a Felon could own certain black powder guns in Florida as long as the firearm was not used in the commission of a crime. There has even been some case law dealing with black powder firearms owned by a felon.

In 2005, Florida's 5th DCA, affirmed the lower courts ruling that David Bostic, a convicted felon, had violated the law by being in possession of a firearm. Bostic had claimed that his black powder firearm was an antique firearm and thus exempt from the restrictions place upon him. The court agreed that he was able to own an antique firearm but disagreed that his firearm was an antique. The court stated that Florida case law defines replica as a reasonably exact reproduction of the object involved that, when viewed causes the person to see substantially the same object as the original. The DCA found that Bostic's gun was not a replica because the original did not have a fiber optic sight that was present on his gun. The court also stated that merely having an ignition system similar to that found on an antique firearm is not sufficient to render a firearm a "replica" of a firearm manufactured in or before 1918.

In Williams, the Florida Supreme Court in dicta dealing with the concealment of an antique firearms states that the result of such an interpretation to allow convicted felons to be in possession of antique firearms is absurd. And that a basic tenet of statutory construction is to not yield an absurd result.

While these two cases seem to contradict each other, both courts find a reason to deny the felon possession of an antique firearm. There are no cases which state approve the possession of an antique firearm by a felon.

This topic was also covered on the Jacksonville Criminal Defense Lawyer Blog by Cynthia Veintemillas a Florida Criminal Lawyer



Edited by - grumpygy on 02/12/2011 1:58:39 PM
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nmyers
Advanced Member

12673 Posts

Posted - 02/12/2011 :  1:34:48 PM  Show Profile
All of which fails to address one important bit of information: Federal firearms laws take precedence over state firearms laws, with the exception that states may enact more stringent firearms laws.

Federal law (Gun Control Act of 1968) defines an antique firearm as one made < January 1, 1899, or a replica thereof.

If the felony in question was a violation of state law, it may be possible to petition the state governor for a pardon. If a violation of federal law, there is no recourse.

Neal
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ChrisInTempe
Advanced Member

USA
11835 Posts

Posted - 02/12/2011 :  1:46:21 PM  Show Profile
Every time this topic pops up we see the same set of replies, though not always the same people making them.

Not to be left out, here's mine, more or less all over again

Reading up on your own is certainly a good thing to do. And it does not hurt to ask other people their thoughts on the matter. Just don't think that you are in the clear on anything you decide to do because of what you think the law says or what some random stranger tells you the law says.

The complexities of your particular situation can only be answered by a lawyer. You have to find one who knows Florida and Federal law and get an opinion and advice. Maybe you can even get your civil rights restored and not have to worry about this question again.

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n/a
deleted

36304 Posts

Posted - 02/12/2011 :  2:03:28 PM  Show Profile
It's a damn shame that felons who are deemed safe to be released back into society don't have ALL of their rights restored to them after they've paid their debt to society...but that's the case in AmeriKa. That's not the case in the America our forefathers envisioned.

However, this topic smells kind of funny. We do not help folks subvert the law here on GB. We also do not help BATFE agents who are attempting to set folks up, doing something illegal.

Edited by - n/a on 02/12/2011 2:04:23 PM
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