owning an Air Rifle as a past convicted felon ?

wannabe shooter · November 16, 2009, 10:26 AM

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 ?

M4Sherman · November 16, 2009, 10:41 AM

Air powered weapons are unregulated.

rwilson452 · November 16, 2009, 11:07 AM

I would mention state laws vary. check with your legal consul.

wannabe shooter · November 16, 2009, 11:40 AM

I will check with the local County Sheriff's Dept. first

Brian Pfleuger · November 16, 2009, 11:40 AM

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.

wannabe shooter · November 16, 2009, 11:53 AM

[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

hogdogs · November 16, 2009, 12:20 PM

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

NavyLT · November 16, 2009, 12:23 PM

I'll bet it doesn't matter who you ask, you will get a different answer from each person.

Chipsgt · November 16, 2009, 12:27 PM

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.

Brian Pfleuger · November 16, 2009, 12:29 PM

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.

hogdogs · November 16, 2009, 12:37 PM

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

**Tom Servo** · November 16, 2009, 12:41 PM

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.

wannabe shooter · November 16, 2009, 01:53 PM

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 !

**Frank Ettin** · November 16, 2009, 02:29 PM

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.

wannabe shooter · November 16, 2009, 03:01 PM

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

Uncle Buck · November 16, 2009, 03:49 PM

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.

johnwilliamson062 · November 16, 2009, 03:54 PM

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.

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 ?

November 16, 2009, 11:07 AM	#3
rwilson452 Senior Member Join Date: June 10, 2004 Location: Tioga co. PA Posts: 2,647	I would mention state laws vary. check with your legal consul. __________________ USNRET '61-'81

November 16, 2009, 12:29 PM	#10
Brian Pfleuger Moderator Emeritus Join Date: June 25, 2008 Location: Austin, CO Posts: 19,578	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. __________________ Nobody plans to screw up their lives... ...they just don't plan not to. -Andy Stanley

November 16, 2009, 03:49 PM	#16
Uncle Buck Senior Member Join Date: June 21, 2009 Location: West Central Missouri Posts: 2,592	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.

November 16, 2009, 03:54 PM	#17
johnwilliamson062 Junior member Join Date: May 16, 2008 Posts: 9,995	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. Last edited by johnwilliamson062; November 16, 2009 at 04:01 PM.

November 16, 2009, 10:41 AM	#2
M4Sherman Senior Member Join Date: February 15, 2009 Posts: 408	Air powered weapons are unregulated.

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

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

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.

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.

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 !

November 16, 2009, 02:29 PM	#14
Frank Ettin Staff Join Date: November 23, 2005 Location: California - San Francisco Posts: 9,471	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.