Muzzleloaders legal for prohibited people in RI? DV & Felons

Discuss case law and pending litigation here

Moderators: Papakeith, JP500, jim

Muzzleloaders legal for prohibited people in RI? DV & Felons

Postby motoXcowboy on Sat Jan 19, 2008 5:50 pm

Hi this is my first post here. Found this site last week. I appologize in advance for the long post....

I was told by a local (R.I.) ATF agent that it is legal to own a muzzleloader with a Domestic Violence conviction and/or Felony conviction. He said muzzleloaders (replicas) are considered antiques and therefore are not federally regulated. He said check with your state to confirm. I have asked several State Police officers but have not gotten a confirmation. I know of a few guys who still have Felony records that hunt with B/P. Would like to buy a BP revolver for home protection and a rifle to hunt with. I have a rediculous Domestic Battery charge from 9yrs ago (i was 19) that happend in Illinois that cannot be expunged (only Pardoned, and the Governor there pardons on average 30 petitions out of 1,000!). What really bothers me is if I had known I would have lost my gun rights back then I would have taken out a loan to get a lawyer instead of pleading NOLO to get the charge over with. I've read some states now have to notify the defendant if they are facing Lautenberg Law (loss of Gun Rights) concerning their case. Back then I was not. I have a clean record otherwise but still, it doesnt matter. The Lautenberg Law is a joke. If I was a threat to my family and people I live with guns would not prevent me from harming them. I could easily pick up a knife, hammer, rope ect...(or just find a firearm ILLEGALLY). It is simply a "feel good" law for the beurocratic brady bunch to give them another win under their belts in the gun control war. Its a shame gun control and the mutilation of our 2nd Amendment rights have gotten so far. I hope to get my record expunged but expect the worst. Any way I appologize about the rant - needed to get that off my chest..

- anyone know the legalities in my circumstances regarding possesion of a muzzleloader or even compound bow?

Thanks.
motoXcowboy
 
Posts: 3
Joined: Sat Jan 19, 2008 5:30 pm

Re: Muzzleloaders legal for prohibited people in RI? DV & Felons

Postby motoXcowboy on Sat Jan 19, 2008 6:00 pm

also some of the laws I found pertaining to the issue.

RI LAW

page 356
Title 11. Criminal Offense
Chapter 47. Weapons
11-47-1. Short title. This chapter may be
cited as "the Firearms Act".
11-47-2. Definition of terms. As used in this
chapter:
(1) "Antique firearm" has the meaning given
it in 18 U.S.C. § 921.


also RI law

(3) "Firearm" includes any machine gun,
pistol, rifle, air rifle, air pistol, "blank gun," "BB
gun," so-called, or other instrument from which
steel or metal projectiles are propelled, or which
may readily be converted to expel a projectile,
except recurve, compound, or longbows and except
those instruments propelling those projectiles
which instruments are designed or normally
used for a primary purpose other than as a weapon.
The frame or receiver of those weapons
shall be construed as a firearm under the provisions
of this section.

(this sounds like no B/P)

Here is the Federal Law concerning the Antique which clearly notes Muzzleloaders

US CODE COLLECTION
TITLE 18 > PART I > CHAPTER 44 § 921
(a) As used in this chapter—
(1) The term “person” and the term “whoever” include any individual, corporation, company, association, firm, partnership, society, or joint stock company.
(2) The term “interstate or foreign commerce” includes commerce between any place in a State and any place outside of that State, or within any possession of the United States (not including the Canal Zone) or the District of Columbia, but such term does not include commerce between places within the same State but through any place outside of that State. The term “State” includes the District of Columbia, the Commonwealth of Puerto Rico, and the possessions of the United States (not including the Canal Zone).
(3) The term “firearm” means
(A) any weapon (including a starter gun) which will or is designed to or may readily be converted to expel a projectile by the action of an explosive;
(B) the frame or receiver of any such weapon;
(C) any firearm muffler or firearm silencer; or
(D) any destructive device. Such term does not include an antique firearm.
(4) The term “destructive device” means—
(A) any explosive, incendiary, or poison gas—
(i) bomb,
(ii) grenade,
(iii) rocket having a propellant charge of more than four ounces,
(iv) missile having an explosive or incendiary charge of more than one-quarter ounce,
(v) mine, or
(vi) device similar to any of the devices described in the preceding clauses;



(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.


I cant make sense of this...I think you need a law degree to understand the technicalities and yet you'd probably still have issues.

Thanks to anyone who can help.
motoXcowboy
 
Posts: 3
Joined: Sat Jan 19, 2008 5:30 pm

Re: Muzzleloaders legal for prohibited people in RI? DV & Felons

Postby jim on Tue Jan 22, 2008 3:56 am

Hi Moto...

Well, I'm with you on the Lautenberg Law. Given the frequency with which people get involved in domestic situations, I think a lifetime ban on firearm possession is just way over the top.

As to your legal question, I don't know. I can investigate a bit, but not real soon. It's an interesting question. Perhaps someone else will have some insight. As for the way RI statutes are drafted, don't you find them just as clear as mud?
"All that is necessary for the triumph of evil is that good men do nothing."

Edmund Burke, 1729 - 1797
User avatar
jim
CRAL Ninja
 
Posts: 3641
Joined: Mon Sep 01, 2003 7:40 pm
Location: Smithfield, RI

Re: Muzzleloaders legal for prohibited people in RI? DV & Felons

Postby motoXcowboy on Tue Jan 22, 2008 10:37 pm

Hi Jim,
I recieved a response from the RI State Police.

§ 11-47-25 Antique firearms and collections. – This chapter shall not apply to antique firearms unsuitable for use, nor to collections of firearms utilized and maintained for educational, scientific, or any similar purpose without intent to use the firearms.

Making it illegal for me to posses a Muzzleloader if I ever intend on firing it. Although the officer said to contact Attorney Generals office and D.E.M. for further info. He said there "could" be a case law about Muzzleloaders. I doubt it.

Looks like I will be taking up Archery.
motoXcowboy
 
Posts: 3
Joined: Sat Jan 19, 2008 5:30 pm


Return to Litigation

Who is online

Users browsing this forum: No registered users and 1 guest

cron