Can a felon own a pre-1898 rifle?

[harmoniums]

and ammo, I don't think so but someone said to me that they could

[762cavalier]

No! not even the ammo by itself.

[triggerhappy]

Sure, they can own one. What's an extra 20 years after they've already been in the joint? :)

[Fate]

But the BATFE does not count them as firearms. They're pretty curtain rods and doorstops.

Ammo might be an issue, especially with something like an antique Mosin Nagant (7.62x54r).

But an antique (<1899) rifle is not a firearm.

[B.D.Dubloon]

But the BATFE does not count them as firearms. They're pretty curtain rods and doorstops.

Ammo might be an issue, especially with something like an antique Mosin Nagant (7.62x54r).

But an antique (<1899) rifle is not a firearm.

I would assume that this is correct, but wouldn't want to chance it.

[BigDogatPlay]

For the purposes of a felon in possession I would book him even for a flintlock. Even though BATFE doesn't classify prior to 1898 as a firearm, they are still (presumably) capable of discharging a projectile from a combustion of powder. That makes it good enough for me. If the DA chooses not to file, then I won't arrest any others in the future for possessing an 1898 or before rifle.

Ammo is an issue, no matter how new or old it is. It is a felony for a felon to be in possession of as much as a single round.

[Fate]

For the purposes of a felon in possession I would book him even for a flintlock. .And when he walks? Then what?

[Gunaria]

So what about a bp muzzle loader?

[BigDogatPlay]

I edited my post.

Please show me where he walks on a state gun charge because of a BATFE regulation.

[Fate]

I edited my post.

Please show me where he walks on a state gun charge because of a BATFE regulation.
Umm..because it's not a gun to begin with?

[MontClaire]

It has to be understood that a "felon" can own anything. he just has hard time registering.

[Mssr. Eleganté]

Umm..because it's not a gun to begin with?

The Feds say it is not a firearm. But California says it is a firearm for the purposes of felons in possession.

12001. (a)(1) As used in this title, the terms "pistol," "revolver," and "firearm capable of being concealed upon the person" shall apply to and include any device designed to be used as a weapon, from which is expelled a projectile by the force of any explosion, or other form of combustion, and that has a barrel less than 16 inches in length. These terms also include any device that has a barrel 16 inches or more in length which is designed to be interchanged with a barrel less than 16 inches in length.
(2) As used in this title, the term "handgun" means any "pistol," "revolver," or "firearm capable of being concealed upon the person."
(b) As used in this title, "firearm" means any device, designed to be used as a weapon, from which is expelled through a barrel a projectile by the force of any explosion or other form of combustion.

12021. (a)(1) Any person who has been convicted of a felony under the laws of the United States, of the State of California, or any other state, government, or country, or of an offense enumerated in subdivision (a), (b), or (d) of Section 12001.6, or who is addicted to the use of any narcotic drug, who owns, purchases, receives, or has in his or her possession or under his or her custody or control any firearm is guilty of a felony.

Notice that California only exempts unloaded "antiques" from the all of the FFL transfer requirements of sections 12070, 12071 and 12072. But it does not exempt "antiques" from the prohibition on felons possessing firearms.

12001(e) For purposes of Sections 12070, 12071, and paragraph (8) of subdivision (a), and subdivisions (b), (c), (d), and (f) of Section 12072, the term "firearm" does not include an unloaded firearm that is defined as an "antique firearm" in Section 921(a)(16) of Title 18 of the United States Code.

[BigDogatPlay]

Umm..because it's not a gun to begin with?

Okay... so I presume you are basing your opinion on not only the BATFE regulation as well as the following exception to 12020...

5) Any antique firearm. For purposes of this section, "antique firearm" means any firearm not designed or redesigned for using
rimfire or conventional center fire ignition with fixed ammunition and manufactured in or before 1898 (including any matchlock,
flintlock, percussion cap, or similar type of ignition system or replica thereof, whether actually manufactured before or after the
year 1898) and also any firearm using fixed ammunition manufactured in or before 1898, for which ammunition is no longer manufactured in
the United States and is not readily available in the ordinary channels of commercial trade.

While described as "antique" California still considers them firearms. Additionaly, the pesky word "any" appears in 12021, which is the operative statute for a simple felon in possesion.


12021. (a) (1) Any person who has been convicted of a felonyunder the laws of the United States, the State of California, or any other
state, government, or country or of an offense enumerated in subdivision (a), (b), or (d) of Section 12001.6, or who is addicted to the use of any narcotic drug, and who owns, purchases, receives, or has in his or her possession or under his or her custody or control any firearm is guilty of a felony.

So by the statute any firearm, under California law, includes the antiques. Hence I would book them... even for a flintlock. :)

[TheBundo]

Try walking up to the White House with one

[Fate]

Lawman 1
Devil's Advocate 0

;)

[BigDogatPlay]

/\ /\ /\ /\ /\

It's all good... I fully expect to be pwned next time.

:D

[qbertquartz2]

I've seen some pretty evil looking muzzle loaders.
check these out.
http://www.gunbroker.com/Auction/ViewItem.asp?Item=124894286

http://www.gunbroker.com/Auction/ViewItem.asp?Item=124764249

http://www.gunbroker.com/Auction/ViewItem.asp?Item=125047675

http://www.gunbroker.com/Auction/ViewItem.asp?Item=124668146