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Are B/P M/L legal for Felons w/o rights restored ?

ninefingersninefingers Member Posts: 24 ✭✭
edited September 2011 in Gun Rights and Constitutional Law
I have heard convicted felons, Without rights restored, may hunt with black powder muzzle-loaders. Is this True? Or, does it vary from state to state? (I'm in AZ)?
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Comments

  • nunnnunn Forums Admins, Member, Moderator Posts: 36,084 ******
    edited November -1
    Varies from state to state.

    For instance, a muzzle loader is a firearm by state definition in Texas.
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  • ninefingersninefingers Member Posts: 24 ✭✭
    edited November -1
    I don't Believe it. TX is one of The MoOst gun-friendly states. Do you have a Legal Reference? I do, for AZ...
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  • nunnnunn Forums Admins, Member, Moderator Posts: 36,084 ******
    edited November -1
    Try doing a Google search for the Texas Penal Code.
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  • sharpshooter039sharpshooter039 Member Posts: 5,897 ✭✭✭
    edited November -1
    It is not legal for a Felon to own , or hunt with a Black powder firearm in Arkansas,,If you wish to Deer hunt here and you are a Felon you must use a Bow and Arrow. I guess you are just screwed if you wish to hunt anything else,,be kind of hard to Duck hunt with one
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  • MMOMEQ-55MMOMEQ-55 Member Posts: 13,134
    edited November -1
    Don't believe nothing you read on GB and instead contact a lawyer about this.
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  • ninefingersninefingers Member Posts: 24 ✭✭
    edited November -1
    NUNN : I have. They say B/P M/L Legal for Anyone in Texas, as not "firearms". What I Thought:

    http://answers.yahoo.com/question/index?qid=20101206115436AA1G6dt

    There are links to the Texas Codes and Cornell University Law School rulings, there.


    MMONEQ-55; You have Best Answer. I wouldn't bet my future on an "opinion" without a referene.But, I've talked to lawyers, two agree, three Vehemently Disagreed with me. Those 3 were Public Defenders...
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  • sharpshooter039sharpshooter039 Member Posts: 5,897 ✭✭✭
    edited November -1
    quote:It is not legal for a Felon to own , or hunt with a Black powder firearm in Arkansas,,If you wish to Deer hunt here and you are a Felon you must use a Bow and Arrow. I guess you are just screwed if you wish to hunt anything else,,be kind of hard to Duck hunt with one
    I will have to back up on my own words after a litle research. Arkansas and Arizona have the same laws, you can hunt with BP as long as it is an antique or replaca of and does not fire a cartridge,,,So you can hunt with an old muzzle stuffer but not an inline
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  • nunnnunn Forums Admins, Member, Moderator Posts: 36,084 ******
    edited November -1
    You need to read the definition of "firearm" in Chapter 46. It includes even many muzzle loaders.

    (3) "Firearm" means any device designed, made, or adapted to expel a projectile through a barrel by using the energy generated by an explosion or burning substance or any device readily convertible to that use. Firearm does not include a firearm that may have, as an integral part, a folding knife blade or other characteristics of weapons made illegal by this chapter and that is:
    (A) an antique or curio firearm manufactured before 1899; or
    (B) a replica of an antique or curio firearm manufactured before 1899, but only if the replica does not use rim fire or center fire ammunition.

    The way I read it, in order for a firearm not to be a firearm, it must either be an antique, or if it is a modern-made muzzle-loader, it must be a replica of an antique. Lots of modern muzzle-loaders are nowhere close to a replica of an antique.

    So, I reckon you are conditionally right.
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  • ninefingersninefingers Member Posts: 24 ✭✭
    edited November -1
    No I am Right. This is the letter of the law.

    Glad to see someone looked it up.

    If it hase a touchhole, or uses a percussion cap, it's legal. Those that take a regular Primer or Primed case don't count. They, Technically, take: "fixed ammunition".
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