Felon and Black Powder

[Quickdraw22]

If someone would second me on this, isn't it legal for a convicted felon to possess a black powder firearm since you don't have to sign a 4473 or do any of the legal paperwork for them??

This is for a friend's grandfather who has had a few too many DUI's, but still wants to go deer hunting. He is also located in TX, if that makes any difference.

Thanks guys

DAVE

 

[bs875]

Good question. I would think it's still illegal as it's a firearm. You don't fill out a 4473 or do any paperwork on a FTF but it would still be illegal for a felon to buy/possess one. That's just my guess. I would be interested to know the real answer.

 

[Manimal]

pretty sure its legal. I was camping at a WMA and these guys were talking about being in prison, while they were smoking a joint, and how they were using black powder rifles & this & that. lol


Not that the story has much to do with the legality of it but the content of what they were talking about mixed with the technical definition of a firearm...etc.

I think its legal, could be wrong.

 

[kcinnick]

I have been told it is legal to have firearms made before 189? or so because the BATF does not consider them a firearm if you are not allowed to have more modern weapons.

 

[Akajun]

You guys are crossing Fed Law with State Law. Better make sure that your states felon with a firearms law does not include black powder weapons or consider black powder weapons firearms. You might have to ask an attorney generals opinion.

Also, most states have a restoration of rights for certain non violent felonies after 10 or so years. You have to apply for it as it is not automatic.

 

[XD-GEM]

One of the bills in the current Legislative session contains a revised definition that will reclassify black powder as a prohibited firearm for a felon.

http://www.legis.state.la.us/billdata/streamdocument.asp?did=638615

HLS 09RS-277 ORIGINAL
Page 1 of 2
CODING: Words in struck through type are deletions from existing law; words underscored
are additions.
Regular Session, 2009
HOUSE BILL NO. 82
BY REPRESENTATIVE BILLIOT
Prefiled pursuant to Article III, Section 2(A)(4)(b)(i) of the Constitution of Louisiana.
WEAPONS/FIREARMS: Adds a definition of a firearm for purposes of the crime of
illegally carrying or possession of a firearm by certain convicted felons
1 AN ACT
2 To enact R.S. 14:95.1(D), relative to the crime of possession of a firearm or carrying a
3 concealed weapon by a person convicted of certain felonies; to provide for the
4 definition of a firearm relative to that crime; and to provide for related matters.
5 Be it enacted by the Legislature of Louisiana:
6 Section 1. R.S. 14:95.1(D) is hereby enacted to read as follows:
7 §95.1. Possession of firearm or carrying concealed weapon by a person convicted
8 of certain felonies
9 * * *
10 D. For the purposes of this Section, "firearm" means any pistol, revolver,
11 rifle, shotgun, machine gun, submachine gun, black powder weapon, or assault rifle
12 which is designed to fire or is capable of firing fixed cartridge ammunition or from
13 which a shot or projectile is discharged by an explosive.
HLS 09RS-277 ORIGINAL
HB NO. 82
Page 2 of 2
CODING: Words in struck through type are deletions from existing law; words underscored
are additions.
DIGEST
The digest printed below was prepared by House Legislative Services. It constitutes no part
of the legislative instrument. The keyword, one-liner, abstract, and digest do not constitute
part of the law or proof or indicia of legislative intent. [R.S. 1:13(B) and 24:177(E)]
Billiot HB No. 82
Abstract: Adds a definition of a firearm for purposes of the crime of illegally possessing
a firearm by a person convicted of certain felonies.
Present law provides for the crime of illegal possession of a firearm or carrying a concealed
weapon by persons convicted of certain felonies.
Proposed law retains the provisions of present law and defines a "firearm" for purposes of
the crime.
(Adds R.S. 14:95.1(D))

 

[hot shot]

From my understanding DUI felony does not keep you from owning/possessing a firearm

 

[hunter5567]

From my understanding DUI felony does not keep you from owning/possessing a firearm

I guess it depends on how many DUI's you've had and whether you had to serve a year or more in prison. Most of the drunk sumbiches I've seen that cant seem to quit drinking and driving after getting one or two DWI's dont need to be around any kind of firearm and if they continue with their criminal behavior they need to be locked up for 5 years after the 3rd DWI and at least 20 years for the 4th with no chance of parole. I know of too many people that have been killed by drunk drivers. I say a bullet to their head is too good for them.

 

[robbynola]

Tell him not to worry about the legality of it. Just drink half a bottle of scotch, and drive down to the local Academy to get one. When he gets pulled over on the way back, the officer can decide. If he makes it home free, call it good.

 

[ChordsBail]

lol, if its a firearm and he is a felon, it is illegal. I am pretty sure that bill already passed making them illegal for felon's maybe not. If he wants to hunt deer so bad I don't see why he coudn't own a Bow.