Convicted felon hunt with muzzle loader in Missouri?

Answer 1

to all those that are wondering--- i have call at least 15 officials or more to try and find the answer to can a felon hunt with a muzzel loader in the state of Missouri and the answer is no they can not . its a very wishie washie law. but the answer is no.

FOR Federal Laws -

The Gun Control Act of 1968 (GCA) prohibits felons and certain other persons from possessing or receiving firearms and ammunition ("prohibited persons"). These categories can be found at 18 U.S.C. § 922(g) and (n) in atf.gov/publications/download/p/atf-p-5300-4.pdf

However, Federal law does not prohibit these persons from possessing or receiving an antique firearm. The term "antique firearm" means any firearm (including any firearm with a matchlock, flintlock, percussion cap, or similar type of ignition system) manufactured in or before 1898. The definition includes any replica of an antique firearm if it is not designed or redesigned for using rimfire or conventional centerfire fixed ammunition, or uses rimfire or conventional centerfire ammunition which is no longer manufactured in the United States, and which is not readily available in ordinary channels of commercial trade. Further, any muzzle loading rifle, shotgun, or pistol which is designed to use black powder or black powder substitute, and which cannot use fixed ammunition, is an "antique firearm" unless it (1) incorporates a firearm frame or receiver; (2) is a firearm which is converted into a muzzle loading weapon; or (3) is a muzzle loading weapon which can be readily converted to fire fixed ammunition by replacing the barrel, bolt, breechblock, or any combination thereof. See 18 U.S.C. § 921(a)(3), (a)(16).

Thus, a muzzle loading weapon that meets the definition of an "antique firearm" is not a firearm and may lawfully be received and possessed by a prohibited person under the GCA.

In addition, the GCA defines the term "ammunition" to mean "ammunition or cartridge cases, primers, bullets, or propellant powder designed for use in any firearm." Because an "antique firearm" is not a "firearm," it would is lawful for a prohibited person to receive or possess black powder designed for use in an "antique firearm." Also, the Federal explosives laws do not make it unlawful for a prohibited person to acquire and possess black powder in quantities not exceeding fifty pounds if it is intended to be used solely for sporting, recreational, or cultural purposes in "antique firearms." See 18 U.S.C. § 845(a)(5)

By contrast, a prohibited person may not receive or possess black powder firearms that can be readily converted to fire fixed ammunition by replacing the barrel, bolt, breechblock, or any combination thereof. ATF has classified certain muzzle loading models as firearms. All of these models incorporate the frame or receiver of a firearm that is capable of accepting barrels designed to fire conventional rimfire or centerfire fixed ammunition. These muzzle loading models do not meet the definition of "antique firearm" as that term is defined in 18 U.S.C. § 921(a)(16), and are "firearms" as defined in 18 U.S.C. § 921(a)(3). Furthermore, as firearms, these and similar models, regardless of the barrel installed on the firearm or provided with the firearm, are subject to all provisions of the GCA. Persons who purchase these firearms from licensed dealers are required to fill out a Firearms Transaction Record, ATF Form 4473, and are subject to a National Instant Criminal Background Check System (NICS) check. Felons and other prohibited persons may not lawfully receive or possess these firearms or ammunition.

The following is a list of weapons that load from the muzzle and are classified as firearms, not antiques, under the GCA, because they incorporate the frame or receiver of a firearm:- 2 -

• Savage Model 10ML (early, 1st version)

• Mossberg 500 shotgun with muzzle loading barrel • Remington 870 shotgun with muzzle loading barrel • Mauser 98 rifle with muzzle loading barrel

• SKS rifle with muzzle loading barrel

• PB sM10 pistol with muzzle loading barrel

• H&R/New England Firearm Huntsman

• Thompson Center Encore/Contender

• Rossi .50 muzzle loading rifle

This list is not complete and frequently changes. There may be other muzzle loaders also classified as firearms. As noted, any muzzle loading weapon that is built on a firearm frame or receiver falls within the definition of a firearm provided in 18 U.S.C. § 921(a)(3).

Finally, even though a prohibited person may lawfully possess an antique firearm under Federal law, State or local law may classify such weapons as "firearms" subject to regulation. Any person considering acquiring a black powder weapon should contact his or her State Attorney General's Office to inquire about the laws and possible State or local restrictions.

Companies that sell guns online, such as Cabelas or Dixie Gun Works, will not mail a muzzleloader to Hawaii, Illinois, Massachusetts, Michigan, New Jersey, New York, Pennsylvania, or Washington. You would need to check local laws in those states. In my state, You can order a muzzleloader from Cabelas, and it comes UPS directly to your house. You have to over 18 to sign for it. If you order a rimfire or centerfire gun that is not a muzzleloader (my muzzleloader uses 209 caps like a shotgun, and that is OK) then the gun has to be sent to legal gun storeThis answer is mostly about federal laws, and states can do whatever they want, so you need to check specific state laws.

Answer 2

Yes a felon can hunt with an air rifle in Missouri. If it's legal I don't know. I do know ex-offenders gun rights are being infringed in the whole country. I was on probation,told I would have clean record upon successful completion w/I did but they lied and I'm screwed for life. I was also told by po even though banned from regular guns I could still black powder & bow hunt. I called general attorney's office and they said I could not own black powder or cross-bows. I would advise calling them as we live in a Dictatorship and what the laws are vs. what you will be arrested for based on nazi's interpretations are could be vastly different. I'm calling myself soon as I would like to own a crosman rogue.

Answer 3

No. By both Missouri state and federal law any felon's possession of a firearm is itself a Class C felony.

Under U.S. Code Title 18 a Black Powder weapon is not considered a 'firearm' in most configurations though a person with a prior felony should consult either a local prosecutor, or a lawyer that is familiar with the local gun laws and you conviction, and the terms of your release.

To the person(s) who wrote this post. You are partially right. Under U.S. Code Title 18 a Black Powder weapon is not considered a 'firearm'. I was told by 2 F.B.I Agents, 3 B.A.T.F Agents, and a Game Warden because an aquaintance I knew had the question concerning this.

1. A convicted felon can possess and hunt with a Black powder weapon as long as it is NOT an IN-LINE Model with the "209" Ignition System.

2. Also under the USC relating to "Muzzleloaders and, Antique, and/or reproduction weapons, any firearm that ammunition is not manufactured in the United States or is no longer available, even if it is a "Cartridge Weapon" it can be possessed by a convicted felon.

As far as State Law vs. Federal Statutes Federal Law supercedes state law on ALL levels.

Answer 4

Thing is...all those "officials" you talked to aren't the end all, be all and they don't make the decision.

Either they don't understand the law, or are just knee-jerk reacting to your question as most people consider felons trash humans.

As long as a muzzleloader cannot be converted to use fixed ammunition, it is considered an antique. This is plain language and both the federal and state laws clearly state it as such.

Clear language in Missouri law, 571.070 (3):

  3. The provisions of subdivision (1) of subsection 1 of this section shall not apply to the possession of an antique firearm.

It's referring to subsection (1) which states:

571.070. Possession of firearm unlawful for certain persons — penalty — exception. — 1. A person commits the offense of unlawful possession of a firearm if such person knowingly has any firearm in his or her possession and:

  (1) Such person has been convicted of a felony under the laws of this state, or of a crime under the laws of any state or of the United States which, if committed within this state, would be a felony;

Therefore this DOES NOT APPLY if it's an antique (muzzleloader that cannot be converted to conventional ammo)