The Firing Line Forums

Go Back   The Firing Line Forums > The Conference Center > Law and Civil Rights

Reply
 
Thread Tools
Old November 16, 2009, 10:26 AM   #1
wannabe shooter
Junior Member
 
Join Date: November 16, 2009
Posts: 5
owning an Air Rifle as a past convicted felon ?

I w as convicted of a 3rd degree felony over 20 years ago and lost my civil liberties and the right to bear arms here in Florida

I have recently just got the needed funds together to hire the attorney to get my civil liberties reinstated.

I was unsuccessful on my own so have now hired an attorney.

In the mean time is it legal to own an Air Rifle such as a .177 pellet gun ?

Do Air Rifles fall under the same legal registrations as a Firearm ?
wannabe shooter is offline  
Old November 16, 2009, 10:41 AM   #2
M4Sherman
Senior Member
 
Join Date: February 15, 2009
Posts: 408
Air powered weapons are unregulated.
M4Sherman is offline  
Old November 16, 2009, 11:07 AM   #3
rwilson452
Senior Member
 
Join Date: June 10, 2004
Location: Tioga co. PA
Posts: 2,361
I would mention state laws vary. check with your legal consul.
__________________
USNRET '61-'81
rwilson452 is offline  
Old November 16, 2009, 11:40 AM   #4
wannabe shooter
Junior Member
 
Join Date: November 16, 2009
Posts: 5
I will check with the local County Sheriff's Dept. first
wannabe shooter is offline  
Old November 16, 2009, 11:40 AM   #5
Brian Pfleuger
Staff
 
Join Date: June 25, 2008
Location: Central, Southern NY, USA
Posts: 18,781
Quote:
I have recently just got the needed funds together to hire the attorney to get my civil liberties reinstated.

I was unsuccessful on my own so have now hired an attorney.
I'm not trying to be a jerk, just pointing out the obvious.... you have an attorney ask them.
__________________
Still happily answering to the call-sign Peetza.
---
The problem, as you so eloquently put it, is choice.
-The Architect
-----
He is no fool who gives what he can not keep to gain what he can not lose.
-Jim Eliott, paraphrasing Philip Henry.
Brian Pfleuger is offline  
Old November 16, 2009, 11:53 AM   #6
wannabe shooter
Junior Member
 
Join Date: November 16, 2009
Posts: 5
[QUOTE] I'm not trying to be a jerk, just pointing out the obvious.... you have an attorney ask them.[/QUOTE

How does the saying go on Lawyers ?

How do you know they are lying ?
They open their mounth !

Joke / Joke / Joke haha

I would rather get an answer from the authorities who would be applying the handcuffs if it was a problem

Thanks tho
wannabe shooter is offline  
Old November 16, 2009, 12:20 PM   #7
hogdogs
Staff In Memoriam
 
Join Date: October 31, 2007
Location: Western Florida panhandle
Posts: 11,071
Quote:
as a past convicted felon ?
You are a current convicted felon... But that aside, I say check with local LEA, and the state attorney office in Tally...
Brent
hogdogs is offline  
Old November 16, 2009, 12:23 PM   #8
NavyLT
Junior member
 
Join Date: January 25, 2006
Location: Oak Harbor, WA
Posts: 1,719
I'll bet it doesn't matter who you ask, you will get a different answer from each person.
NavyLT is offline  
Old November 16, 2009, 12:27 PM   #9
Chipsgt
Member
 
Join Date: September 3, 2009
Location: PA
Posts: 31
Considering the fact that you can buy one at Walmart, by taking it to a register, and they scan it and put it in a bag, I wouldnt think you would have any problems.
There isnt any paper work or anything to fill out.

But, I am not a lawyer, it just seems like it probably wouldnt be an issue.
Chipsgt is offline  
Old November 16, 2009, 12:29 PM   #10
Brian Pfleuger
Staff
 
Join Date: June 25, 2008
Location: Central, Southern NY, USA
Posts: 18,781
It's definitely illegal in some states.

Wisconsin for example:
http://www.vanwagnerwood.com/CM/Cust...on-firearm.asp

It's going to depend entirely on how your state defines "firearm".

According to this site, Florida defines a firearm as "any weapon that discharges a projectile by use of an explosive charge, or is designed or is readily convertible to such a use." If that's that's true then you shouldn't have any legal problems.


Disclaimer:

I am not an attorney. I do not play one on the internet, or on TV. I did not stay at a Holiday Inn last night. This advice is worth every penny you paid for it, which is actually more than I can say for what you get from some attorneys.
__________________
Still happily answering to the call-sign Peetza.
---
The problem, as you so eloquently put it, is choice.
-The Architect
-----
He is no fool who gives what he can not keep to gain what he can not lose.
-Jim Eliott, paraphrasing Philip Henry.
Brian Pfleuger is offline  
Old November 16, 2009, 12:37 PM   #11
hogdogs
Staff In Memoriam
 
Join Date: October 31, 2007
Location: Western Florida panhandle
Posts: 11,071
Quote:
Considering the fact that you can buy one at Walmart, by taking it to a register, and they scan it and put it in a bag, I wouldnt think you would have any problems.
This actually means nothing...
You can do the same with ANY Black Powder firearm but a felon is only legally allowed to possess the antiques styles, not the modern breech loaders of the modern sort.
Brent
hogdogs is offline  
Old November 16, 2009, 12:41 PM   #12
Tom Servo
Staff
 
Join Date: September 27, 2008
Location: Foothills of the Appalachians
Posts: 10,321
Air rifles are handled differently than regular firearms in Florida.

As per Statute 790.23,

Quote:
It is unlawful for any person to own or to have in his or her care, custody, possession, or control any firearm, ammunition, or electric weapon or device, or to carry a concealed weapon, including a tear gas gun or chemical weapon or device, if that person has been convicted of a felony in the courts of this state
However, according to 790.001, air guns are not firearms:

Quote:
"Firearm" means any weapon (including a starter gun) which will, 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; any firearm muffler or firearm silencer; any destructive device; or any machine gun. The term "firearm" does not include an antique firearm unless the antique firearm is used in the commission of a crime.
790.22 prohibits ownership by minors under 16, but there are no restrictions on adults, regardless of criminal background.
__________________
In the depth of winter I finally learned that there was in me an invincible summer.
--Albert Camus
Tom Servo is offline  
Old November 16, 2009, 01:53 PM   #13
wannabe shooter
Junior Member
 
Join Date: November 16, 2009
Posts: 5
technically I am "A" convicted felon !

past, present and future really has no bearing

Being convicted of a nonviolent crime that did not involve a weapon over 25 years ago should have some bearings on my civil liberties re-instatement, hopefully.

I was raised around safe use of both hand guns and rifles as well as shotguns.
After my conviction I sold off the 4 guns that I had previously owned and have not shot anything for over 25 years now.
With our current federal administration, I think it would be wise to get my civil liberties restored as soon as possible before this country falls into marshal law!
We all may need our guns very soon to survive !
wannabe shooter is offline  
Old November 16, 2009, 02:29 PM   #14
Frank Ettin
Staff
 
Join Date: November 23, 2005
Location: California - San Francisco
Posts: 6,700
Some reasons to ask your lawyer, if you have one:

[1] Your communications with him are confidential and protected under the attorney-client privilege.

[2] He is legally obligated to use due care to give you proper advice, and he can be held accountable for the consequences if he falls short of the standard of care and gives you bad advice.

[3] If thing go awry, he'll be around to try to sort things out; and he has a number of incentives to do a decent job of it.
Frank Ettin is offline  
Old November 16, 2009, 03:01 PM   #15
wannabe shooter
Junior Member
 
Join Date: November 16, 2009
Posts: 5
Quote:
Some reasons to ask your lawyer, if you have one:

[1] Your communications with him are confidential and protected under the attorney-client privilege.

[2] He is legally obligated to use due care to give you proper advice, and he can be held accountable for the consequences if he falls short of the standard of care and gives you bad advice.

[3] If thing go awry, he'll be around to try to sort things out; and he has a number of incentives to do a decent job of it
.

Good points well taken
wannabe shooter is offline  
Old November 16, 2009, 03:49 PM   #16
Uncle Buck
Senior Member
 
Join Date: June 21, 2009
Location: West Central Missouri
Posts: 2,561
Wannabe: Good luck on getting the record sealed, expunged or rescinded. My step-dad had to do this in order for him to be able to legally hunt again. He ended up getting letters from town councilors, attorneys, Veterans organizations and other, very well know people in his hometown in Conn. It was a pain in the butt and he said it took almost three years for everything to get straightened out. But it was worth the time and money (or so he would say when we used to sit under the old oak tree, waiting for the deer or a squirrel, and I would have to agree with him) and hassle. Do not give up on trying to get the right to legal ownership.

The guys who say you should talk to your lawyer about the pellet gun have hit the proverbial nail on the head. Why take a chance on something being illegal? I would hate to see you spend all that time and money and effort on getting your rights re-instated, having the finish line so close, then you end up getting busted for something as silly as a pellet rifle, and face the possibility of never having them re-instated.

Good luck and welcome to the forum. Please check back and let us know what you find out and how you make out.
__________________
Inside Every Bright Idea Is The 50% Probability Of A Disaster Waiting To Happen.
Uncle Buck is offline  
Old November 16, 2009, 03:54 PM   #17
johnwilliamson062
Senior Member
 
Join Date: May 16, 2008
Posts: 6,810
You know you can get 45 cal air rifles...

Although I like the idea of a felony limiting someones ability to own a firearm, at least for the duration of their incarceration or parole and possibly a period after, it never seems to work well and I am sure any felon who is going to pursue a criminal lifestyle has no problems obtaining a firearm. Just another "sound good" firearms law.

http://www.pyramydair.com/site/manuals/bigbore/

I don't own one and have not looked into them much, but it might be worth looking in to.
__________________
$0 of an NRA membership goes to legislative action or court battles. Not a dime. Only money contributed to the NRA-ILA or NRA-PVF. You could just donate to the Second Amendment Foundation
First Shotgun Thread First Rifle Thread First Pistol Thread

Last edited by johnwilliamson062; November 16, 2009 at 04:01 PM.
johnwilliamson062 is offline  
Reply

Thread Tools

Posting Rules
You may not post new threads
You may not post replies
You may not post attachments
You may not edit your posts

BB code is On
Smilies are On
[IMG] code is On
HTML code is Off

Forum Jump


All times are GMT -5. The time now is 11:50 PM.


Powered by vBulletin® Version 3.8.7
Copyright ©2000 - 2014, vBulletin Solutions, Inc.
This site and contents, including all posts, Copyright © 1998-2014 S.W.A.T. Magazine
Copyright Complaints: Please direct DMCA Takedown Notices to the registered agent: thefiringline.com
Contact Us
Page generated in 0.10045 seconds with 9 queries