What States Allow Felons to Own Black Powder Guns?
Black powder guns, also known as muzzleloaders, are a type of firearm that uses black powder or a black powder substitute as a propellant. While modern firearms have evolved significantly over time, black powder guns have remained relatively unchanged, with many enthusiasts continuing to use them for hunting and recreational shooting. However, for individuals with a felony conviction on their record, owning any type of firearm can be challenging due to federal and state laws.
Federal Laws and Regulations on Felon Possession of Black Powder Guns
The Gun Control Act of 1968 prohibits anyone who has been convicted of a felony from owning or possessing firearms or ammunition. The Brady Handgun Violence Prevention Act of 1993 further strengthened this restriction by requiring background checks for individuals purchasing firearms from licensed dealers.
However, the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) Ruling 2011-4 clarified that black powder guns are not considered firearms under federal law and can be owned by individuals with felony convictions. This ruling only applies to black powder guns that are not designed to use fixed ammunition, such as cartridges or shotshells.
Also Read: Can a Felon Get a Nevada Gaming License?
States That Allow Felons to Own Black Powder Guns
While the federal government allows felons to own black powder guns, state laws vary on the issue. Currently, there are 30 states that allow felons to own black powder guns without any conditions. These states are:
- Alabama
- Alaska
- Arizona
- Arkansas
- Florida
- Georgia
- Idaho
- Indiana
- Kansas
- Kentucky
- Louisiana
- Michigan
- Mississippi
- Missouri
- Montana
- Nebraska
- Nevada
- North Carolina
- Ohio
- Oklahoma
- Oregon
- Pennsylvania
- South Carolina
- South Dakota
- Tennessee
- Texas
- Utah
- Virginia
- Wyoming
Also Read: Can a Felon Own a Day Care?
States That Allow Felons to Own Black Powder Guns With Conditions
Some states allow felons to own black powder guns with certain conditions, such as obtaining a permit or having their firearm rights restored. These states are:
- California
- Colorado
- Connecticut
- Delaware
- Hawaii
- Illinois
- Iowa
- Maine
- Maryland
- Massachusetts
- Minnesota
- New Hampshire
- New Jersey
- New Mexico
- New York
- North Dakota
- Rhode Island
- Vermont
- Washington
- West Virginia
- Wisconsin
States That Prohibit All Felons from Owning Black Powder Guns
Finally, there are 22 states and the District of Columbia that prohibit all felons from owning black powder guns. These states include:
- The District of Columbia
- California
- Colorado
- Connecticut
- Delaware
- Hawaii
- Illinois
- Iowa
- Maine
- Maryland
- Massachusetts
- Minnesota
- New Hampshire
- New Jersey
- New Mexico
- New York
- North Dakota
- Rhode Island
- Vermont
- Washington
- West Virginia
- Wisconsin
Conclusion
In summary, felons can legally own black powder guns under federal law, but state laws on the matter vary widely. While 30 states allow felons to own black powder guns without any conditions, 21 states and the District of Columbia prohibit all felons from owning black powder guns, and some states have certain conditions for felons to own them. It’s important for individuals with a felony conviction to research their state laws before attempting to purchase or possess a black powder gun.
FAQs
What are black powder guns?
Black powder guns, also known as muzzleloaders, are a type of firearm that uses black powder or a black powder substitute as a propellant. They are typically loaded from the front of the barrel and require more time and effort to load and shoot than modern firearms.
Why are felons prohibited from owning firearms?
Felons are prohibited from owning firearms due to concerns about public safety. Individuals with felony convictions have a higher risk of committing violent crimes, and restricting their access to firearms is seen as a way to reduce this risk.
Are black powder guns considered firearms?
Under federal law, black powder guns that are not designed to use fixed ammunition, such as cartridges or shotshells, are not considered firearms. However, state laws on the matter vary.
Can felons own black powder guns in states that prohibit all felons from owning firearms?
No, in states that prohibit all felons from owning firearms, felons are not allowed to own black powder guns either. This includes states such as California, Colorado, and New York.
What are the consequences of a felon owning a black powder gun in a state that prohibits it?
The consequences of a felon owning a black powder gun in a state that prohibits it can vary, but they can include fines, imprisonment, or both. Additionally, the black powder gun may be confiscated and the individual may face additional criminal charges related to the possession of a firearm as a felon.
Can felons own other types of firearms?
Under federal law, individuals with felony convictions are prohibited from owning firearms, including handguns, rifles, and shotguns. However, state laws on the matter vary and some states have certain conditions for felons to own firearms or may restore their firearm rights after a certain period of time.
