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  1. #1
    Marksman joshuamckee's Avatar
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    Question Can a felon own a muzzle loader?????

    I have a Question.Can a convicted felon own a muzzle loader?I can't find a answer anywhere.And just for your info i have never been arrested.

  2. #2
    Master dubsac's Avatar
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    I doubt a felon would care legal or illegal.
    Quote Originally Posted by Faine View Post
    Fan-tastic! Will you take some pics? I always enjoy looking at a nice Johnson.

  3. #3
    Expert goodcat's Avatar
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    Quote Originally Posted by dubsac View Post
    I doubt a felon would care legal or illegal.
    There are many different types of felony's, that's not a very accurate statement... I have a friend who was caught shoplifting at 18, I think he and a bad influence friend pocketed $10 worth of fake mustaches or something just plain dumb.

    He was charged with theft, a class D felony and is now a felon. Not all felon's are terrible people...

    From a bit of google research, I believe a Felon in Indiana can purchase a muzzle loader for hunting purposes with a license and a petition filed. That is not official of course...
    I thought Mosin Nagants came from the earth and there was a limitless supply of this raw fuel?

  4. #4
    Plinker scheesman's Avatar
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    Quote Originally Posted by dubsac View Post
    I doubt a felon would care legal or illegal.
    In addition, the point of prison is rehabilitation. Just because someone was convicted of a felony doesn't mean that they didn't learn from their mistakes.

  5. #5
    Plinker
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    I believe he can only with a valid hunting license, but keep to the safe side and call the ISP, and ask.

  6. #6
    Sharpshooter minuteman32's Avatar
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    Yes. As long as he is not a "serious violent felon" he can possess a black powder gun (Muzzle loader, cap & ball revolver, ect.)

    Indiana Code 35-47-4


    IC 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.
    As added by P.L.247-1999, SEC.1. Amended by P.L.14-2000, SEC.76; P.L.17-2001, SEC.17; P.L.222-2001, SEC.5; P.L.151-2006, SEC.21.

    <A name=IC35-47-4-6>IC 35-47-4-6
    Unlawful possession of a firearm by a domestic batterer
    Sec. 6. (a) A person who has been convicted of domestic battery under IC 35-42-2-1.3 and who knowingly or intentionally possesses a firearm commits unlawful possession of a firearm by a domestic batterer, a Class A misdemeanor.
    (b) It is a defense to a prosecution under this section that the person's right to possess a firearm has been restored under IC 35-47-4-7.
    As added by P.L.195-2003, SEC.7. Amended by P.L.98-2004, SEC.156; P.L.118-2007, SEC.36.

    <A name=IC35-47-4-7>IC 35-47-4-7
    Persons prohibited from possessing a firearm; restoration of right to possess a firearm
    Sec. 7. (a) Notwithstanding IC 35-47-2, IC 35-47-2.5, the restoration of the right to serve on a jury under IC 33-28-5-18, or the restoration of the right to vote under IC 3-7-13-5, and except as provided in subsections (b), (c), and (f), a person who has been convicted of a crime of domestic violence may not possess a firearm after the person's release from imprisonment or lawful detention.
    (b) Not earlier than five (5) years after the date of conviction, a person who has been convicted of a crime of domestic violence may petition the court for restoration of the person's right to possess a firearm. In determining whether to restore the person's right to possess a firearm, the court shall consider the following factors:
    (1) Whether the person has been subject to:
    (A) a protective order;
    (B) a no contact order;
    (C) a workplace violence restraining order; or
    (D) any other court order that prohibits the person from possessing a firearm.
    (2) Whether the person has successfully completed a substance abuse program, if applicable.
    (3) Whether the person has successfully completed a parenting class, if applicable.
    (4) Whether the person still presents a threat to the victim of the crime.
    (5) Whether there is any other reason why the person should not possess a firearm, including whether the person failed to satisfy a specified condition under subsection (c) or whether the person has committed a subsequent offense.
    (c) The court may condition the restoration of a person's right to possess a firearm upon the person's satisfaction of specified conditions. (d) If the court denies a petition for restoration of the right to possess a firearm, the person may not file a second or subsequent petition until one (1) year has elapsed after the filing of the most recent petition.
    (e) A person has not been convicted of a crime of domestic violence for purposes of subsection (a) if the conviction has been expunged or if the person has been pardoned.
    (f) The right to possess a firearm shall be restored to a person whose conviction is reversed on appeal or on postconviction review at the earlier of the following:
    (1) At the time the prosecuting attorney states on the record that the charges that gave rise to the conviction will not be refiled.
    (2) Ninety (90) days after the final disposition of the appeal or the postconviction proceeding.
    As added by P.L.118-2007, SEC.37.

  7. #7
    Oh Yeah
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    Quote Originally Posted by Jbrown View Post
    ...call the ISP, and ask.

    No offense JBrown but IMHO this may not be the perfect idea. You might be at the mercy of someone's opinion. Much better to find the code as minuteman32 did.

    As posted above, people are often quick to judge, throwing out opinions rather than law.
    -----------------------------------------------
    Done, done, and Iím on to the next one...
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  8. #8
    Marksman MK18's Avatar
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    This is up to interpretation of the law. Indiana says that muzzleloaders are not firearms, however the ATF issued a ruling stating that only muzzleloaders that use primers other than the 209 are not firearms. Indiana has not made a ruling as a case has not went to court.

    ANNOUNCEMENT 98-7
    MUZZLE LOADING WEAPONS THAT USE A MODERN IGNITION SYSTEM
    On November 6, 1997, the Director signed Industry Circular No. 98-2. It read as follows:
    All Federal firearms licensees and others concerned.
    Purpose. The purpose of this circular is to clarify the Bureau of Alcohol, Tobacco and Firearms (ATF) position regarding the classification of muzzle loading weapons that use modern primers for ignition.
    ATF has recently received a number of inquiries regarding whether “in line” muzzle loading weapons that have been designated or redesigned to use modern firearm primers are classified as firearms under the Gun Control Act. An “in line” muzzle loading weapon is a muzzle loading firearm designed such that the firing mechanism (striker) is located directly behind the barrel. The striker moves forward in line with the bore of the weapon.
    Background. Section 921 (a) (3) (A), Title 18, U.S.C., defines the term firearm to include any weapon (including a starter gun) which will or is designed to or may readily be converted to expel a projectile by the action of an explosive. The frame or receiver of any such weapon is also a firearm as defined. However, antique firearms are excluded from this definition.
    Section 921 (a) (16), Title 18, U.S.C., defines the term antique firearm as:
    (A) any firearm (including any firearm with a matchlock, flintlock, percussion cap, or similar type of ignition system) manufactured in or before 1898; and

    (B) any replica of any firearm described in subparagraph (A) if such replica
    (i)is not designed or redesigned for using rimfire or conventional centerfire fixed ammunition, or
    (ii) uses rimfire or conventional centerfire fixed ammunition which is no longer manufactured in the United States and which is not readily available in the ordinary channels of commercial trade.
    Section 921 (a) (17) (A), Title 18, U.S.C., defines the term ammunition to include cartridge cases, primers, bullets and propellant powder designed for use in any firearms.
    Discussion. The cited definitions make it clear that weapons actually manufactured in or before 1898 are not subject to regulation as firearms. Further, modern replicas of antique firearms using an antique form of ignition such as matchlock, flintlock, or percussion cap are also not subject to regulation as firearms.
    However, muzzle loading weapons with “in line” firing mechanisms designed or redesigned to use modern conventional firearm primers do not meet the definition of antique firearms and are subject to regulation as a firearm. Primers are not an antique ignition system and are ammunition for firearms subject to regulation.
    Inquiries. Inquiries concerning this circular should refer to its number and be addressed to: Chief, Firearms Technology Branch, Bureau of Alcohol, Tobacco and Firearms, 650 Massachusetts Avenue, NW., Washington, DC 20226.
    The art of war is of vital importance to the State. It is a matter of life and death, a road either to safety or to ruin. Hence it is a subject of inquiry which can on no account be neglected
    - Sun Tzu, the Art of War

    The victorious strategist only seeks battle after the victory has been won, whereas he who is destined to defeat first fights and afterwards looks for victory.
    - Sun Tzu

  9. #9
    Master paddling_man's Avatar
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    Good thread, folks. I thought that *any* felony conviction would prohibit firearm ownership and voting. Learn something new everyday.
    BS: The smell is the tell.

  10. #10
    Sharpshooter Farmritch's Avatar
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    I thought a muzzle loader was classified as a non gun
    Farmritch aka. Moes Harness Rifleman,Commoman,Av8tor & A plethoria of worthless information.

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