OFF OF THE PARDON PAPERWORK:
FIREARMS
An Oklahoma felony conviction does not prohibit you from owning or carrying a regulation-length hunting rifle for the purpose of hunting.
However, you will violate Federal law unless you have received a Relief from Disability from the Bureau of Alcohol, Tobacco, and Firearms, a division of the U. S. Department of the Treasury.
The truth of it is this: If the state doesn't care, the Feds don't care. Here's how it works. For a state crime, you need a state "relief from disabilities". If you receive that grant, or relief, from the state of conviction, it will also lift the Federal disability, which is more or less just a watch dog (it works this way for all state crimes and relief)--unless your crime and conviction was a federal crime. That's where and how the BATFE could come to this party--only if it were federal. Now that you have your relief from disabilities from the state that convicted you, you find out Oklahoma DOES NOT recognize "relief". They require, and will only accept a pardon. So, you're still SOL! This really sucks, doesn't it? Hey!!! You elected these guys making all these wonderful decisions.
Even if you have been pardoned, you cannot legally carry a weapon if you have been convicted of a felony. You cannot carry on your person or in a motor vehicle in which you are driving or riding any firearm which could be easily concealed. This includes, but is not limited to, pistols, imitation or homemade pistols, automatic weapons or sawed-off shotguns or rifles of any length.
Totally not true!!! Relief from disabilities does not work in Oklahoma. A pardon does. If you can convince the governor of the state that convicted you to give you a pardon, the State of Oklahoma will even allow you to be a cop, with a gun...or even a governor, if you can convince the voting public that you're really a good guy.
Anyone who was elected or appointed as a peace officer and was actively employed as a full-time peace officer on May 8, 1989 shall be permitted to possess a weapon for the sole purpose of performing the duties of a peace officer upon receiving a full and complete pardon.
Effective September 1, 1992 any person who has been convicted of a nonviolent felony and who has received a pardon may possess a firearm for the purpose of gunsmithing or firearms repair. The person must be a graduate of an accredited gunsmithing school and have been employed as such on September 1,1992 in order to qualify for this exemption.
The Federal Laws governing firearms do not classify muzzleloaders as a "firearm" , and in most states you can buy one with no paperwork or background check. However that does not make it technically legal for a felon to poses it. I have read of cases pertaining to this where the person was hassled at great expense in time and money by local law enforcement regardless of the intended use, only to be convicted on possession of explosives charges for having black powder. The "best practice" I have heard of is obtaining a waiver from BATFE or your local jurisdiction so you have paper in hand showing proof of legal possession, after all it is not worth your time, money or potential freedom dealing with an over zealous prosecutor or non gun friendly jurisdiction when a simple document could prevent it. This topic has been discussed at length for years both pro and con, and what it boils down to is a case by case determination. You can go to free advice.com ( http://forum.freeadvice.com/other-crimes-federal-state-4/ex-felons-black-powder-weapons-legal-386903.html) or better yet to the BATF site ( http://www.atf.gov/firearms/index.htm) and get a more direct answer for your state and county, but the best advice would be to speak to an authority in your state or to BATFE to be 100% sure.
Dont know about oklahoma. Check your state statutes under convicted felon in possesion of firearm. And definitions of a firearm and definition of an antique. That should tell you.
Added: For further information see; 18 USC Sections 921 & 922 - especially the paragraphs that describe 'antique' firearms.
A modern blackpowder rifle does NOT qualify simply because it shares a similar firing mechanism to an antique firearm, any more than a Shelby Cobra is the same as a Model-T simply because they both have 4 tires and a steering wheel.
Furthermore: Black powder is an explosive, and explosives are also forbidden to be possessed by convicted felons.
Nope. For legal purposes, the State of Oklahoma considers a firearm any weapon that discharges a projectile through the use of gunpowder, gas, or any means of rocket propulsion, so black powder guns are in the same legal category as any other firearm.
Federal Law's trump state Law's and the federal law says a muzzle loader is NOT considered a fire arm.
If it goes bang you cant have it.
I don't believe the law reads that way. Actually, it does.
no
It depends on what the felony was, but in most cases, yes. This has to do with the second amendment.
It depends on what the felony was, but in most cases, yes. This has to do with the second amendment.
no
No, they may not.
no
To the best of my knowledge unless you are a convicted felon you can own a black powder gun.
No. There is no state were a felon may own any firearm.
Nope, it's illegal.
If he was convicted in state court - not without having his record expunged by the state of AZ - If he is a felon convicted in a FEDERAL court he can never be eligible to own or possess a firearm including black powder weapons.
ask your state Attorny General
Contact the US Attorney office in your area. Generally a felon is prohibited from possessing a firearm, and a black powder gun is a firearm. The US Attorney can restore your rights to firearm possession.