can a felon hunt with a black powder rifle?

**Wodenson** · November 16th, 2011, 09:42 PM

The feds provide a black powder exception to the definition as well:

(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.

You're good op

**herplover** · November 17th, 2011, 10:37 AM

This past summer i talked to a guy who was dishonorably discharged from the marines.He is only able to hunt with a recurve bow.He cant use black powdeer or even a compound.It may be similiar for "civilian" felons.Not sure but something to consider.

**GunLawyer001** · November 17th, 2011, 01:09 PM

Because the thread has been revived and is now stumbling along looking to eat the brains of the living, I'll point out that a person in Pennsylvania has to abide by both Pennsylvania and Federal law. The lists of state and Federal prohibitors overlap but are not identical, so for some crimes, you can be either state-prohibited or Federally-prohibited, or both, or neither. PICS will deny you if EITHER Federal OR state law prohibits you.

One frequent example is a misdemeanor conviction for domestic violence, which is always Federally prohibiting but is not always prohibiting under Pennsylvania law.

If you are prohibited by Pennsylvania law, then you may not possess anything that spits a projectile and goes "bang". No modern guns, no blackpowder, no GyroJets. You may use a bow, or a sword, or a pellet gun, or a trebuchet, but nothing that uses an explosive or fast-burning powder to launch a projectile.

If you're barred by Federal law but not Pennsylvania law, then you may not possess anything that the Feds define as a "firearm". That list excludes antiques and most blackpowder guns.

If this applies to you, then you need to VERY CAREFULLY be sure of the laws that apply. Blackpowder guns are not regulated for purchase (only for possession) by either state or Federal law, which means that you can buy one at a flea market or through the mail. Nobody will double-check your status, meaning that there's nothing between you and a felony if you're prohibited and you obtain a firearm that you can't legally own. You don't get any warnings, you don't have your legal history reviewed, but you're still liable for the crime of being in possession of a firearm if it turns out that you're state-prohibited.

**knight0334** · November 17th, 2011, 01:22 PM

In PA - no, a felon cannot use a blackpowder rifle.

Federal law doesn't prohibit felons from antique firearms, but PA's law does. Since you have to abide by both, a felon or other prohibited person would not be allowed to use one.

Now other states that follow federal guidelines would allow it, but in PA and a few states that have additional prohibiting factors - No..

**customloaded** · November 17th, 2011, 03:07 PM

GL, thanks for the laughs in this very old, dead, gone over, beat the dead horse thread....

CL

**NathanB** · November 17th, 2011, 04:00 PM

I love the fact that one of the most law knowledgeable people on here who is also a practicing lawyer states the law and people still try to argue with him.

**ryan92084** · November 17th, 2011, 05:08 PM

2 times necro by a first post? odd

**jerkin** · November 17th, 2011, 05:24 PM

Originally Posted by ryan92084

2 times necro by a first post? odd

Yeah, I looked at that last night when he revived it and figured it was the same guy just being a douche so I didn't even bother. If anyone is stupid enough to believe that after everyone on the board including a lawyer said "no" then I suppose they have it coming.