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Old February 1, 2014, 04:41 PM   #26
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Just curious...

A cap & ball conversion is a firearm, but would the muzzle loading "original" style be denied to a felon? A Ruger Old Army? (ok, the Ruger is a modern design, and uses essentially a cartridge firearm frame, so not an antique or reproduction - forget I asked)

but a cap & ball gun (replica) would that be denied because of the frame? or because replacing the cylinder with a cartridge conversion is relatively easy?

Some folks don't have much sympathy for felons and gun rights, but I do have some, for some felons, because it is so freakin easy to become a felon in this country, for things that essentially harm no one. No sympathy for those who become felons due to violence, just the folks who get caught in something "felony stupid", one time in their entire lives, and have to wear that burden forever more.
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Old February 2, 2014, 01:39 AM   #27
wayneinFL
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Quote:
Some folks don't have much sympathy for felons and gun rights, but I do have some, for some felons, because it is so freakin easy to become a felon in this country, for things that essentially harm no one. No sympathy for those who become felons due to violence, just the folks who get caught in something "felony stupid", one time in their entire lives, and have to wear that burden forever more.

But you don't have to be a felon to be against the courts redefining muzzleloaders as antiques in FL. We have a background check law that predates the Brady Bill. There isn't any reason a seller and buyer couldn't be prosecuted in the 5th district for selling a muzzleloader without a background check. Also, minors generally can't be in possession of a firearm, with some exceptions. A minor with a muzzleloader could be convicted for possession of a firearm.
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Old February 4, 2014, 04:18 PM   #28
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I think it can depend on the individual case. Somewhere in this forum several months ago, I recall that someone mentioned a felon whose terms of parole specifically said no weapons of any kind, including antique firearms, bows, knives, etc.
Any felon still serving a sentence is prohibited anyway.
Both probation and parole are just parts of a sentence, and no rights can be restored until you're released from the court's control, which means completing the entire sentence
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Old February 4, 2014, 10:39 PM   #29
Chuck Dye
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Oregon Revised Statutes 166.210 says

(3) Firearm means a weapon, by whatever name known, which is designed to expel a projectile by the action of powder.

In short, no, not in Oregon.
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Old February 5, 2014, 03:49 PM   #30
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The answer is no in California as well. Although a muzzle loader or cap and ball pistol may be ordered through the mail as it is not a "firearm" for federal purposes does not mean it is not a "firearm" for state law purposes.
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Old February 5, 2014, 04:32 PM   #31
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^^^ Same here in NJ. Matchlock, flintlock, antique, muzzle loader, replica...it doesn't matter. If it shoots, it's a firearm.
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Old February 6, 2014, 10:43 AM   #32
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This may be a repeat post. I posted once but don't see it anywhere.
A friend of mine was convicted on Federal felony firearms charges. (wrongly, IMHO, but that is another story) He is on probation. As such he is not allowed to even handle any firearm or item that can fire any projectile. And, it is spelled out clearly that includes firearms, archery and even pea shooters. Nothing is said about modern, antique, etc. Broad and inclusive, nothing that can shoot anything is allowed for him.
That is not amatuer lawyer speaking. That is repeated from the horse's mouth.
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Old February 6, 2014, 01:20 PM   #33
wayneinFL
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Is he also in Arkansas?
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Old February 6, 2014, 03:32 PM   #34
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It's also important to remember that there are some important legal distinctions between:
  • One who has been sentenced to probation;
  • One who was convicted of a felony, but is on parole; and
  • One who was convicted of a felony, but has finished his term of parole.
The first two are, broadly speaking, still in the process of serving sentences. As part of a probation or parole agreement, varying "conditions of release" may be imposed upon a probationer or parolee, restrictions which do no apply to someone who has completed his parole.
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Old February 8, 2014, 05:52 PM   #35
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Spats,

As I understand it, it is the conviction that is the key. Sentencing, whatever it may entail, and any other downstream conditions do not relieve one of being a convicted felon. The only reliefs are to get the conviction reversed or set aside, or a restoration of rights which is available on paper but virtually impossible to obtain in reality. (Last I heard or read, that was accomplished by the complete defunding of the production and processing of applications within the Justice Department.)
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Old February 8, 2014, 06:37 PM   #36
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Chuck,
You're correct. I only brought the distinctions to light because this thread seems to have discussions about folks in different stages of the penal system all going on at once. However, the distinctions mentioned above become important because one person may have restrictions placed on him by way of contract (probation or parole), which restrictions are not a matter of statutory law. For example, even where a given State's law may be silent, or even allow a convicted felon the right to possess and use a muzzle loader, refraining from doing so may be a condition of parole or probation.
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