Can a felon own a muzzle loader

[INGunGuy]

Can a convicted felon own a muzzle loader?

Thanks,

INGunGuy

 

[MACHINEGUN]

Yes, they can!

 

[Pocketman]

ATF exempts antique firearms, which includes muzzle loaders. Not that one wouldn't get arrested, but from a legal perspective, they are not classified as "firearms." There may be a few Indiana restrictions, based upon the particular felony. i.e. violent crime against a person.

26 U.S.C. § 5845(G)

There is a good previous post that may better answer your question.

https://www.indianagunowners.com/fo..._discussion/57655-felons_w_muzzleloaders.html

 

[n3v3rtrstamor0n]

yes muzzle loader only.this does not include a shotgun....

 

[DownByTheTracks]

Can this be added to the FAQ?

 

[Kirk Freeman]

Like everything, it depends. Answer these two threshold questions first:

What kind of felony is one convicted of?

What kind of muzzleloader?

 

[INGunGuy]

Like everything, it depends. Answer these two threshold questions first:

What kind of felony is one convicted of?

What kind of muzzleloader?

Felony is for drugs as for the type of muzzleloader, all I know is that it is a .50 cal.

INGunGuy

 

[subtlesixer03]

Actually arnt all black powder guns excluded from the atf rules? Ive always seen them ordered just like pellet guns and such. Even the handguns can just be ordered online. Defenitly an interesting loop hole if one thinks about it. A black powder gun is just as lethal if not more so then any other. This would also go to prove that the gun restrictions have nothing to do with keeping felons from guns but we all know that already.

 

[Kirk Freeman]

Felony is for drugs as for the type of muzzleloader, all I know is that it is a .50 cal.

Step One: determine the felony. Is it dealing, or is it possessing?

If dealing, then he qualifies for SVF and cannot own a muzzleloader.

I.C. 35-47-4-5
Unlawful possession of firearm by serious violent felon
Sec. 5. (a) As used in this section, "serious violent felon" means a person who has been convicted of:
(1) committing a serious violent felony in:
(A) Indiana; or
(B) any other jurisdiction in which the elements of the crime for which the conviction was entered are substantially similar to the elements of a serious violent felony; or
(2) attempting to commit or conspiring to commit a serious violent felony in:

(A) Indiana as provided under IC 35-41-5-1 or IC 35-41-5-2; or
(B) any other jurisdiction in which the elements of the crime for which the conviction was entered are substantially similar to the elements of attempting to commit or conspiring to commit a serious violent felony.
(b) As used in this section, "serious violent felony" means:
(1) murder (<A name=IC35-42-1-1>IC 35-42-1-1);
(2) voluntary manslaughter (<A name=IC35-42-1-3>IC 35-42-1-3);
(3) reckless homicide not committed by means of a vehicle (IC 35-42-1-5);
(4) battery as a:
(A) Class A felony (<A name=IC35-42-2-1>IC 35-42-2-1(a)(5));
(B) Class B felony (<A name=IC35-42-2-1>IC 35-42-2-1(a)(4)); or
(C) Class C felony (<A name=IC35-42-2-1>IC 35-42-2-1(a)(3));
(5) aggravated battery (<A name=IC35-42-2-1.5>IC 35-42-2-1.5);
(6) kidnapping (<A name=IC35-42-3-2>IC 35-42-3-2);
(7) criminal confinement (<A name=IC35-42-3-3>IC 35-42-3-3);
(8) rape (<A name=IC35-42-4-1>IC 35-42-4-1);
(9) criminal deviate conduct (<A name=IC35-42-4-2>IC 35-42-4-2);
(10) child molesting (<A name=IC35-42-4-3>IC 35-42-4-3);
(11) sexual battery as a Class C felony (<A name=IC35-42-4-8>IC 35-42-4-8);
(12) robbery (<A name=IC35-42-5-1>IC 35-42-5-1);
(13) carjacking (<A name=IC35-42-5-2>IC 35-42-5-2);
(14) arson as a Class A felony or Class B felony (IC 35-43-1-1(a));
(15) burglary as a Class A felony or Class B felony (IC 35-43-2-1);
(16) assisting a criminal as a Class C felony (<A name=IC35-44-3-2>IC 35-44-3-2);
(17) resisting law enforcement as a Class B felony or Class C felony (<A name=IC35-44-3-3>IC 35-44-3-3);
(18) escape as a Class B felony or Class C felony (IC 35-44-3-5);
(19) trafficking with an inmate as a Class C felony (IC 35-44-3-9);
(20) criminal gang intimidation (<A name=IC35-45-9-4>IC 35-45-9-4);
(21) stalking as a Class B felony or Class C felony (IC 35-45-10-5);
(22) incest (<A name=IC35-46-1-3>IC 35-46-1-3);
(23) dealing in or manufacturing cocaine or a narcotic drug (IC 35-48-4-1);
(24) dealing in methamphetamine (<A name=IC35-48-4-1.1>IC 35-48-4-1.1);
(25) dealing in a schedule I, II, or III controlled substance (IC 35-48-4-2);
(26) dealing in a schedule IV controlled substance (IC 35-48-4-3); or
(27) dealing in a schedule V controlled substance (IC 35-48-4-4).
(c) A serious violent felon who knowingly or intentionally possesses a firearm commits unlawful possession of a firearm by a
serious violent felon, a Class B felony.


Step Two: Is a Muzzleloader a firearm?

IC 35-47-1-5
"Firearm"
Sec. 5. "Firearm" means any weapon:
(1) that is:
(A) capable of expelling; or
(B) designed to expel; or
(2) that may readily be converted to expel;
a projectile by means of an explosion.



Yep, if SVF, no muzzleloader for you.

 

[jghelton]

Just went through this with a guy here in logansport. When all the dust settled this is what we ended up with..Long story short the muzzleloader can only be capable of firing black powder or an equal substitute ..Basically one you cant change barrels out on ....strictly a dedicated black powder weapon ..per 2 local attorneys also direct contact with the ATF..