Loss of firearms ownership right

[41 Redhawk]

I have recently heard of a person that was covicted of a misdemeaner and lost their right to possess firearms. Obviously this also affects their ability to hunt during firearms season. This raises two questions in my mind:

1. Are there really misdemeanors that cause you to lose the right to possess a firearm? I believe they called it a Class 1 misdemeaner.

2. Are Muzzleloaders affected by this or can the person own and possess them.

And no, it's not me!

[GunLawyer001]

Yes, you lose your firearm rights for any felony, and for any misdemeanor punishable by MORE than 2 years imprisonment. 3rd degree misdemeanors are punishable by up to 1 year, and 2nd degree misdemeanors are punishable by UP TO 2 years (but not "more than" 2 years), so they are not prohibiting unless they involve crimes of domestic violence or are specifically listed in the UFA as prohibiting misdemeanors; but 1st degree misdemeanors are punishable by up to 5 years, so they are always prohibiting.

[87vert]

I think blackpower guns are legal to own

[luckyned7]

..."involve crimes of domestic violence." Remember that! My wife loves to remind me of that one. (Stacie): "Honey, pass me the remote control..there's a good show on LifeTimeTV." (Ned): Yes, Honey..would you like some popcorn before I leave?"

[Willtallica]

My father had some bogus charges against him all the way from england. His mouth dropped when after he tried to buy a rifle, and couldn't, because of what happened about 30 years ago. Amazingly the charges were taken off his record after he wrote a letter to the sheriff asking them if they could drop the charges so he could go hunting. Took a while, but a nice phone call came back, and explained he can now buy firearms, and possess them.

[bogey1]

My father had some bogus charges against him all the way from england. His mouth dropped when after he tried to buy a rifle, and couldn't, because of what happened about 30 years ago. Amazingly the charges were taken off his record after he wrote a letter to the sheriff asking them if they could drop the charges so he could go hunting. Took a while, but a nice phone call came back, and explained he can now buy firearms, and possess them.

what state did your father live?

[41 Redhawk]

So the key word here is "Punishable" no matter what the actual sentence is. This guy got no "jail time" just fines, restitution, and probation.

Any one know for sure about the blackpowder question?

[JayBell]

in PA, felons, and those prohibited from owning modern firearms are also prohibited from owning black powder firearms, as far as i know, Gunlawyer001 can correct me on this if hes reading this...

as per the prohibitions, they are spelled out on the back of the 4473, or from the ATF FAQ as below:
http://www.atf.treas.gov/firearms/faq/faq2.htm#b5

(B5) Are there certain persons who cannot legally receive or possess firearms and/or ammunition? [Back]


Yes, a person who –

(1) Has been convicted in any court of a crime punishable by imprisonment for a term exceeding 1 year;

(2) Is a fugitive from justice;

(3) Is an unlawful user of or addicted to any controlled substance;

(4) Has been adjudicated as a mental defective or has been committed to a mental institution;

(5) Is an alien illegally or unlawfully in the United States or an alien admitted to the United States under a nonimmigrant visa;

(6) Has been discharged from the Armed Forces under dishonorable conditions;

(7) Having been a citizen of the United States, has renounced his or her citizenship;

(8) Is subject to a court order that restrains the person from harassing, stalking, or threatening an intimate partner or child of such intimate partner; or

(9) Has been convicted of a misdemeanor crime of domestic violence

(10) Cannot lawfully receive, possess, ship, or transport a firearm.

A person who is under indictment or information for a crime punishable by imprisonment for a term exceeding 1 year cannot lawfully receive a firearm.

Such person may continue to lawfully possess firearms obtained prior to the indictment or information.

[18 U.S.C. 922(g) and (n), 27 CFR 478.32]


the 4473 portion specifically notes that this doesn't count for STATE misdemeanors punishable by less than 2 years...here's a pic of the relevant portions of the 4473, its biggish, so its a link:
http://www.bigboomstick.com/images/prohibs.jpg

[GunLawyer001]

Yes, JayBell is correct.

It's Section 6105 of the UFA that spells out who's prohibited from owning "firearms", and as happens a lot in the UFA, Section 6105 uses a different definition of what a "firearm" is than the default from the definitions section (6102).

For the purpose of the prohibition, "firearm" includes any weapon which is designed to or may readily be converted to expel any projectile by the action of an explosive or the frame or receiver of the weapon. So if it spits bullets because you ignited a propellant of some sort, then prohibited persons can't own it.

This doesn't carve out any exception for antiques (the antiques exception in Section 6118 specifically excludes 6105), or long guns; it's much broader than the default definition in Section 6102, which is limited to non-antique pistols, SBR's and SBS's.

[41 Redhawk]

Thanks folks....he should have kept his fingers off of stuff that belonged to others!