Black Powder legal question

[MP301]

I have another thread going in the 2A section, but im not having much luck. So maybe those of you who are into C&R (black powder specfically) that may have researched this question for whatever reason may be able to point us in the right direction.

Is it legal for a prohibited person to posses a black powder gun?

ATF states it is as far as they are concerned -

http://www.atf.gov/publications/news...er-2005-02.pdf

so lets concentrate on CA for this one.

And please, leave personal feelings out of it. We want facts!

[stitchnicklas]

prohibited person is final,gun is a gun

[Mikeb]

Hint ... the smart people are in the 2A section...
take care
Mike

[ojisan]

By law, an unloaded black powder gun is not a firearm.
Once loaded, it is a firearm.

A felon in possession of an unloaded BP gun is risking prison time.
The decision would likely be up to the Parole Officer, Courts or LE.

A felon in possession of a loaded BP gun will get prison time.

[ke6guj]

By law, an unloaded black powder gun is not a firearm.Once loaded, it is a firearm.

A felon in possession of an unloaded BP gun is risking prison time.
The decision would likely be up to the Parole Officer, Courts or LE.

A felon in possession of a loaded BP gun will get prison time.

actually, per CA law, a black powder firearm is considered a firearm in most sections of the PC.

12001(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.

they do exclude unloaded muzzleloaders from some sections of PC, as listed below.

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.

those exemptions have to deal with transfers.

And IIRC, there is an "uncapped" BP exempton in the PC with regards to carrying a loaded firearm.