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Can a convicted former felon own/possess a muzzleloader?

Discussion in 'Law & Order' started by Dr. Tad Hussein Winslow, Jul 23, 2009.

Can a felon own a muzzleloader?

Poll closed Dec 20, 2009.
  1. Yes, it's settled law in Oklahoma; they can, including smokeless MLs requiring NICS

    7 vote(s)
    7.5%
  2. Yes, settled law, but not ones requiring NICS (smokeless)

    7 vote(s)
    7.5%
  3. Unclear/ gray area / needs to be clarified by the AG or legislature

    8 vote(s)
    8.6%
  4. No they cannot

    37 vote(s)
    39.8%
  5. I have no idea.

    34 vote(s)
    36.6%
  1. kdlong

    kdlong Sharpshooter

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    made full circle back in the kiamichi mountains in
    a friend of mine was convicted of a non violant crime. he served his full sentence including parol without any problems.his lawer told him after 7 years with out any problems no tickets or anything that he could go before the court system and get his gun rights back.he went back to the court last spring and got his rights back.he said he used his original lawer that knew his history.the only expense he was out was lawer fees for assisting him.
     
  2. mr.haney

    mr.haney Sharpshooter

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    Hey doc,I worked for D.O.C. for ten years and at that time an ex con could own a long gun for hunting but not a handgun.
     
  3. cvinson

    cvinson New to the site!

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    yes a muzzle loader is a firearm. I thought you were a cop.
     
  4. shootinpreacher48

    shootinpreacher48 Sharpshooter

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    without a shadow of a doubt, the 2nd Amendment says shall not be infringed, when are the American people, and our government going to understand simple english.
     
  5. Dr. Tad Hussein Winslow

    Dr. Tad Hussein Winslow Sharpshooter

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    Above I said:

    But that is not really correct. The federal law defines such as "Antique Firearms" - NOT "non-firearms". They are exempt from most (all?) regulation, such as GCA 68, but that doesn't make them not "firearms". Sigh.

    And I'm not even 100% certain that my assertion that "muzzleloaders are not firearms under federal law" is correct - so I'm pretty much back to square one. :(
     
  6. Rod Snell

    Rod Snell Sharpshooter

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    Our instructions from the state for Hunter Safety are that convicted felons may not touch any firearm of any kind including pellet guns, period. They may take Hunter Safety in order to legally bowhunt. We ask at the beginning of each class that anyone prohibited from handing firearms notify us at the first break.
     
  7. BobAsh

    BobAsh Sharpshooter

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    As far as Federal law goes, the NFA considers AOW's firearms; they do not have to be cartridge-fed. The law states "weapons or devices...which a shot can be discharged through the energy of an explosive".
     
  8. liliysdad

    liliysdad Sharpshooter

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    If a felon has been convicted, and not pardoned, he is not former.
     
  9. dwmmg08

    dwmmg08 Marksman

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    OK law used to allow Felons to have a hunting gun, but I think that has been changed. (Not sure though) Federal law said no way period.

    If your friend has been clean and is on the verge of getting his voting rights back, for example, (there's a set period of time for that) he should try for a pardon from the governor. That will probably take expensive steps like hiring an attorney, but he could contact the Governor's office and ask about it. I don't think there'd be anything to contact the feds about, (except to give them notice of the pardon at NICS?) this is a state conviction and state issue.


    Good luck!

    Glen
     
  10. Istandalone

    Istandalone Sharpshooter

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    Statutes - open to interpretation.
    21 Okla.Stat. ss 1283(A)

    A. Except as provided in subsection B of this section, it shall be unlawful for any person convicted of any felony in any court of this state or of another state or of the United States to have in his or her possession or under his or her immediate control, or in any vehicle which the person is operating, or in which the person is riding as a passenger, or at the residence where the convicted person resides, any pistol, imitation or homemade pistol, altered air or toy pistol, machine gun, sawed-off shotgun or rifle, or any other dangerous or deadly firearm.

    My interpretation - no sawed off shotgun or rifle - M.L. does fit the def of Rifle as said above. so no sawed off M.L.

    Now when you get to "any other dangerous or deadly firearm" - you are on shakey ground. no real definition for firearm in oklahoma law that I can find. only definitions of pistol, rifle and shotgun.

    Dislcaimer - none of this information should constitute legal advice - do not rely on this information. An AG's opinion would help, but they are advisory only.

    Your friend should seek a pardon or expungment.
     

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