Can A Felon Own A Black Powder Revolver? You’ve likely already learned that felons face numerous restrictions in life. Once you’ve been convicted of a felony, it is going to follow you for the rest of your life. You can still do a lot of things.
It is important to learn more about the things that you can and cannot do. Otherwise, you may mistakenly break the law. Many people are interested in knowing whether a felon can own a black powder revolver. Can they?
Are these revolvers considered firearms? Within this guide, readers will learn a great deal more about the rights of felons.
What Is A Black Powder Revolver?
First, you should learn more about black gun powder and the guns that use it. Black powder revolvers utilize ammo loaded with powder. The setup is commonly used for certain calibers. They’re also called percussion revolvers.
Although they can be used for other purposes, these revolvers are frequently used for hunting big and small game. They’re also great for casual and competitive target shooting.
It is vital to understand that a felon is going to lose their gun ownership rights. Therefore, you need to learn how this is going to impact your ability to own a black powder revolver.
What The Law Says About Felon Gun Ownership
It is vital to learn more about the laws associated with gun ownership. Can you own a firearm? Under federal law, it is unlawful for felons to possess firearms. If you’ve been convicted of felony charges, you cannot buy or own a firearm.
If you’re caught with a firearm, you’re going to get into trouble. Suffice to say, you don’t want this to happen. Be sure to follow the law so you can avoid getting into more trouble.
Just remember that there are some exceptions to the rule. In some areas, felons can petition the court to have their rights restored. You can do this in Virginia, Minnesota, Ohio, and other states.
Ultimately, several states provide hundreds of pardons each year. Therefore, you should try to get your rights restored.
When doing so, you might achieve your goals. Once you’ve done that, you’ll be able to own black powder revolvers and other firearms.
See Also: Legal Self Defence Weapons for Felons
Can A Felon Own A Black Powder Firearm?
You may believe the black powder firearms are different than conventional firearms. If you’re a felon, you cannot carry a firearm. Whether it is a conventional handgun or a black powder revolver, you cannot own it legally.
You can only carry a gun if you’ve managed to get your firearm rights restored. However. It is important to understand that the specifics vary from one area to another.
In some areas, owning a black powder gun won’t break the rules. It is vital to learn more about the laws in your area. Below, you’ll learn more about the laws in certain areas.
First and foremost, you should know that federal laws say it is legal for a convicted felon to own a black powder firearm. These guns are considered antique firearms according to the American government.
To qualify as an antique gun, the firearm must’ve been manufactured before 1898. It also must have a frame or receiver.
The firearm needs a matchlock. If these conditions are met, convicted felons can own the gun in question. If you’re not positive, you should consult with an attorney.
Those living in Utah can own and use black powder guns. Even if you’re a felon, you can. The state follows the guidelines of the federal government. Also, you will be able to own archery equipment such as bows and crossbows.
Remember that black powder guns can be transformed into dangerous weapons. If a felon uses one of these guns dangerously, they’ll face serious repercussions.
In California, felons cannot purchase, own, or use a black powder gun. Doing so would be illegal. However, felons can own stilettos, daggers, and dirks. Just remember that you cannot carry these weapons in public or in your vehicle.
Felons in Florida cannot possess firearms. The list of illegal firearms includes black powder guns. The only way you can possess one of these weapons is by having your gun ownership rights restored. Working with a Florida attorney is a good way to get your rights restored.
Again, the laws vary significantly from one area to another. In Alaska, it is illegal for felons to own black powder guns. You’ll have to obtain a pardon before you can own one of these guns.
It is also illegal for felons to own guns in Michigan. However, the federal government does not label black powder guns as firearms. As a result, felons can legally possess black powder guns in Michigan.
In Illinois, felons will need to jump through a few hoops before they can buy and own a black powder gun. You’ll have to obtain a Firearm Owners Identification. Without this document, you won’t be able to purchase a firearm in Illinois.
If you own a firearm with a FOID, you’re breaking the law. Again, be sure to consider the laws in your area so you know what you can and cannot do.
Repercussions For Felons With Firearms
If you’ve been convicted of a felony offense, it is pertinent to obey the law and stay out of trouble. Doing so will make it easier to rebuild your life.
Although you may want a firearm, you should know the laws and avoid getting into trouble. If you break this law, you’re going to be punished severely.
According to federal laws, being a felon in possession of a firearm is classified as a Class D felony. Once you’ve been convicted of this offense, you’re going to face a maximum of ten years in prison and three years of supervised release. In addition to this, you might have to pay up to $250,000 in fines.
Getting Your Gun Rights Restored
After you’ve been convicted of a felony conviction, you’re going to lose your gun ownership rights. Remember that you cannot restore your gun rights at the federal level.
Instead, you’ll have to work on the state level. If you have a federal conviction, you’re going to have a difficult time getting your rights restored. You won’t be able to go to federal court to achieve this goal.
Ultimately, the only way to get your rights restored is by getting a presidential pardon. Suffice to say, it won’t be easy. With a federal felony, your chances of getting your rights restored are low.
At the state level, you can possess a firearm if your conviction has been vacated or your rights have been restored. As a felon, you’re going to lose your right to vote, right to hold public office, right to serve on a jury, and right to own a firearm.
How do you get your rights restored? The process depends on where you live. If you reside in Washington, your civil rights will be restored once your sentence is completed. However, you’ll still need to get your gun rights restored.
To do that, you must file a motion in a superior court. Just remember that getting your gun rights restored at the state level may not translate to the federal level.
If you have felony convictions in several states, you’ll have to get your rights restored in each state. It is wise to discuss your options with an attorney.
Finally, remember that you won’t be able to get your firearm rights restored if you’ve been committed to a mental health hospital.
People who’ve been adjudicated as mentally defective or committed to a mental institution won’t be able to get their rights restored.
How To Get Your Gun Rights Restored
If you want to get your gun rights restored, you’d need to submit the necessary paperwork to the Bureau of Alcohol, Tobacco, and Firearms.
However, there is one major problem. The agency is not processing applications. Therefore, you likely won’t be able to get a federal conviction overturned.
You’ll need to take care of the problem on the state level so you can begin owning a gun again. Ultimately, there are four ways to get your gun rights restored.
For instance, you can fix this problem by getting the conviction expunged. Once you’ve got the conviction expunged, it is going to be removed from your record. Alternatively, you can try appealing the decision.
The National Crime Information Center plays an important role in deciding who can buy a firearm. If you’ve found erroneous information on your report and it has stopped you from getting a firearm, appeal it to the NCIC.
Another way to get your gun rights back is by getting pardoned. Ultimately, this won’t be the easiest way, but it works for some.
Besides the United States President, state governments can pardon convicts. If you’ve been convicted, you can buy and possess a firearm without issues.
Finally, you can get your rights restored. The process depends on the laws in your state.
Recommended: Can a Felon Hunt with a Bow?
One thing to note is that a courts-martial conviction is a federal conviction. Courts-martial trials are trials in which members of the United States military are tried for crimes according to the Uniform Code of Military Justice.
Since the UCMJ is indeed federal law, it will become a federal conviction. If you’ve been convicted under UCMJ laws, you will likely have trouble.
FAQs on Can A Felon Own A Black Powder Revolver?
Are Black Powder Revolvers Considered Firearms?
It depends on state and local laws. However, in most states, the black powder revolver falls under the “firearm” classification.
In states, where the black powder revolver falls under the “antique firearm,” classification, the slightest upgrade could change the classification to “lethal weapon”.
What States Can Felons Carry Guns?
The State of Vermont does not prohibit residents with felony convictions from possessing a handgun. Other states are lax when it comes to convicted felonies and firearms.
For example, North Carolina and Kentucky allow felons that have been pardoned to apply for a handgun permit.
Oregon, on the other hand, appears to be the only state that allows its residents convicted of a felony by reason of insanity to apply for a handgun permit.
Can You Conceal Carry A Black Powder Revolver?
It depends on state laws. In states, where the black powder revolver is classified as a “firearm,” it cannot be concealed while on your person. In states, where the black powder revolver is not classified as a “lethal weapon,” it cannot be concealed.
Do Black Powder Pistols Require FFL?
It depends on state and local firearm restrictions. The Federal Bureau of Alcohol, Tobacco, and Firearms suggests contacting your State Attorney General.
Since the black powder gun is referred to as a “muzzleloader,” an FFL may be a requirement. In some states, a gun that loads from the muzzle falls under the “firearm” classification. Firearms do require an FFL.
Read Also: Can a Felon Own a Muzzleloader?.
Robert Gomez was born and raised in the Bronx, New York. He currently lives in Northern California with “the wifey,” “the kids,” “the dog,” and “that cat,” 🙁 He is also a former journalist who has interviewed murderers on death row. Felonyfriendlyjobs.org was born to help ex-felons get a second chance in life.