Can Felons Own a Muzzleloader?
When you are considering hunting again as a felon, you need to think about this very carefully. After all, you can’t use a traditional firearm. So, what can you do?
You might think about using a muzzleloader.
Can a felon own a muzzleloader? Let’s look at this question.
In this blog post, we’ll cover the following:
- Firearms and Firearm Restrictions
- Muzzleloader as an Alternative
- Muzzleloader as an Antique Firearm
- Black Powder
- Requirements to Own a Muzzleloader
- What Does That Mean for Felons?
Firearms and Firearm Restrictions
The legal definition of a firearm is “a mechanical device that uses pressure from a burning powder or an explosive charge to force a projectile through and out of a metal tube; a weapon, especially a pistol or rifle, capable of firing a projectile and using an explosive charge as a propellant.”
The law states that it is illegal for anyone who has been convicted of a felony to own or possess a firearm.
This is because of the 1968 Gun Control Act, which is the United States Federal law that prohibits convicted felons from possessing any kind of firearm. If you violate this statute, you will be guilty of a Class 6 felony.
So what do you do?
Muzzleloader as an Alternative
While owning or hunting with a traditional firearm is not possible, there is another alternative.
That is a muzzleloader. Remember a firearm is a piece that relies on pressure to fire a projectile.
A muzzleloader is any weapon a shooter loads by pushing a projectile (and usually a powder charge) through the muzzle (the forward open end of the barrel).
This loading method is the essential difference between muzzleloaders and most modern firearms, which are loaded from the breech (or rear).
That is the key. Because this type of weapon involves a different way of loading ammunition, it also utilizes a different method of propelling that projectile. That method is through use of black powder.
Muzzleloader as an Antique Firearm
A muzzleloader is a type of gun with a matchlock, a flintlock, percussion cap, or similar ignition system and typically manufactured prior to 1898.
Muzzle-loading rifles were in common use in the 19th century. In fact, a gun manufactured before 1898 is considered to be an antique gun. Federal law like the Gun Control Act does not prohibit felons from owning an antique firearm.
This is true even for a firearm made as a replica of such an antique gun more recently, as long as it is not designed for using conventional centerfire ammunition.
Any muzzle-loading rifle, shotgun, or pistol made to use black powder or black powder substitute and which cannot use fixed ammunition is considered to be an antique firearm.
That is an essential difference. So-called antique guns are not the same as those in common use today.
This is unless it incorporates a firearm frame or receiver, is a firearm which has been converted into a muzzleloader, or is a muzzle-loading weapon that can be changed to fire fixed ammunition by replacing the barrel, bolt, or breech lock.
There are muzzle-loading guns that are not considered to be an antique because it uses the frame or receiver of a firearm.
Technically then this type of muzzle-loading firearm is considered to be an antique firearm and not a firearm which felons are banned from owning. This is the case whether the gun was manufactured many years ago or just recently.
Since felons are banned from owning a regular firearm, they are also prohibited from possessing the ammunition for such a gun.
However, since it is black powder instead of bullets or cartridges, felons are allowed to have this type of ammunition as long as they have less than 50 pounds of black powder. It also must be used for sporting, recreational, or cultural purposes.
Requirements to Own a Muzzleloader
Since a muzzleloader is not considered to be a firearm, the requirements to own one are different. While you must have a permit to own a firearm, you do not need to have a permit to purchase or own a muzzleloader.
Since federal law allows felons to own so-called antique firearms, state or local law may still classify such weapons as firearms, which are banned for felons. It would be important to check with the specific State Attorney General’s Office before acquiring a muzzle-loading gun.
Because black powder firearms are considered antique firearms, the possession of a black powder firearm by a person subject to federal firearms disabilities is not prohibited by the Gun Control Act.
This is true for any muzzleloader that takes black powder for its ammunition unless that piece can be converted into a weapon that takes fixed ammunition as a traditional firearm requires.
Basically though, you do need to be at least 18 or even 21 years old in some states to legally buy a muzzleloader.
What Does That Mean for Felons?
This indicates that you can purchase and use a firearm that is a replica of an antique muzzleloader or one that takes black powder as its firing mechanism. Of course that depends on each state’s laws.
Just having a muzzleloader doesn’t mean that you can hunt with it. It will still take a hunting license to be able to hunt legally. That will be up to each state to determine.
While you want to return to hunting, it is still important to make sure you are not in violation of the law.
Check to make sure that the firearm you have is considered to be a muzzleloader or an antique firearm. Then, know the laws for getting a hunting license and be aware of hunting season for muzzle-loading rifles.
It is better to take precautions. To not do so could result in being arrested and possibly going back to prison.
Don’t make the kind of mistakes you did in the past. You are not defined by your mistakes but in how you recover from them.
So what do you think about this blog post about whether a felon can own a muzzleloader? Have you or someone you know been in this situation? What was that like and what happened? Please tell us in the comments below.