May a felon possess, use, or carry an antique firearm in PA?

[pex]

I always enjoy so-called 'skirting the law' questions. So many people are willing to uphold the law as their saviors but get a bit brittle when the law says you may do something THEY think you ought not be able to do.

A good and recent example might be the exercise of getting a LTCF at 18 by applying for a series of non-resident LTCFs that are recognized by PA even though PA only offers them to 21-year-olds.

My question here is (and I will be doing research all the while): According to Federal and PA law, may a felon possess or use or carry an antique firearm in PA? Further, maybe a felon possess or use or carry all of the components required to discharge an antique firearm at their will, within the provision of all other laws?

We know that there are many exemptions for antique firearms, but the definition if 'firearms' is everchanging in our several statutes.

[Pa. Patriot]

No, a felon may not possess a muzzle loading firearm.

§6105 includes it's own definition of "firearm" for that section:

(i) Firearm.--As used in this section only, the term
"firearm" shall include any weapons which are designed to or may
readily be converted to expel any projectile by the action of an
explosive or the frame or receiver of any such weapon.

ss6106 (carrying firarms) has a similar definition.

[MrUgly]

No, the SCOTUS has upheld that convicted felons may not be in possession of firearms. US vs. BEAN

That being said, I disagree with their ruling, and hopefully after we have won Heller, the case can be re-tried.

**Edit**

Just noticed this was my 100th post. Go me.

[pex]

I appreciate the references to statute and case law. I will independently verify these in the meanwhile. Thank you.

[pex]

No, a felon may not possess a muzzle loading firearm.

§6105 includes it's own definition of "firearm" for that section:



ss6106 (carrying firarms) has a similar definition.

These definitions appear exempted by 18PACS6118:

§6118. Antique Firearms.

(a) General rule.—This subchapter shall not apply to antique firearms.

(b) Exception.—Subsection (a) shall not apply to the extent that such antique firearms, reproductions or replicas of firearms are concealed weapons as provided in section 6106 (relating to firearms not to be carried without a license), nor shall it apply to the provisions of section 6105 (relating to persons not to possess, use, manufacture, control, sell or trans*fer firearms) if such antique firearms, reproductions or replicas of firearms are suitable for use.

(c) Definition.—As used in this section, the term “antique firearm” means:

(1) Any firearm with a matchlock, flintlock or percussion cap type of ignition system.

(2) Any firearm manufactured on or before 1898.

(3) Any replica of any firearm described in paragraph (2) if such replica:

(i) is not designed or redesigned for using rimfire or conven*tional center fire fixed ammunition; or

(ii) uses rimfire or conventional center fire fixed ammunition which is no longer manufactured in the United States and which is not readily available in the ordinary channels of commercial trade.

(Chgd. by L.1995, Spec. Sess. 1, Act 17(8), eff. 10/11/95; L.1995, Act 66(6), eff 11/22/95.)

[pex]

I don't see US v. BEAN upholding a felon's lack of right to acquire or possess a 'firearm'. Guess what, the anomalous meaning of 'firearm' once again comes into play. We'll review 922 and related, where it takes us:

US v. BEAN:

Because of his felony conviction, respondent was pro-hibited by 18 U. S. C. §922(g)(1) from possessing, distrib-uting, or receiving firearms or ammunition.

18USC922(g)(1):

(g) It shall be unlawful for any person—
(1) who has been convicted in any court of, a crime punishable by imprisonment for a term exceeding one year;
[...]to ship or transport in interstate or foreign commerce, or possess in or affecting commerce, any firearm or ammunition; or to receive any firearm or ammunition which has been shipped or transported in interstate or foreign commerce.

What does 'firearm' mean? 18USC921(a)(3):

(3) The term “firearm” means
(A) 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;
(B) the frame or receiver of any such weapon;
(C) any firearm muffler or firearm silencer; or
(D) any destructive device.
Such term does not include an antique firearm.

Not so quick. Note the following 18USC921(a)(16):

(16) The term “antique firearm” means—
(A) any firearm (including any firearm with a matchlock, flintlock, percussion cap, or similar type of ignition system) manufactured in or before 1898; or
(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; or
(C) any muzzle loading rifle, muzzle loading shotgun, or muzzle loading pistol, which is designed to use black powder, or a black powder substitute, and which cannot use fixed ammunition. For purposes of this subparagraph, the term “antique firearm” shall not include any weapon which incorporates a firearm frame or receiver, any firearm which is converted into a muzzle loading weapon, or any muzzle loading weapon which can be readily converted to fire fixed ammunition by replacing the barrel, bolt, breechblock, or any combination thereof.

Therefore, a felon is still allowed to posess an antique firearm (as far as our records indicate. This may not be true according to law!)

The loophole may remain with ammo access.

[PA-Joe]

Isn't a muzzleloader design to expel a projectile by action of an explosive?

(A) 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

I also understadnd that some Probation Officers will not even allow the use of bows and arrows.