Posted on 06/29/2006 10:22:18 AM PDT by Redcloak
Supreme Court Says Muzzleloaders are Legally Firearms
Cheyenne- Posted 6/28/06
Associated Press
The ruling comes in an appeal by a convicted felon who says he thought he was allowed to own a black powder rifle. Such rifles are excluded from the federal definition of firearms.
A spokesman for the Wyoming Game and Fish Department says the ruling will come as a blow to some Wyoming residents who have felony convictions in the past but who are now dedicated black powder hunters.
Governor Freudenthal says he would favor changing the state law to allow convicted felons to continue to hunt with black powder guns.
The court ruling released Wednesday upholds the conviction of Frank Alan Harris in a Casper court on a charge of being a felon in possession of a firearm.
According to the court ruling, Harris was previously convicted of aggravated robbery and robbery.
WYOMING Supreme Court, right? not SCOTUS?
This should be interesting.
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Let Freedom Ring,
+
Well, through out history there have been a lot of people shot with them.
Some quibble about legal definition? Seems like if it is a weapon and works by fire it is a firearm.
This opens the door for background checks to purchase muzzleloaders.
Smokeless powder is a passing fad.
Y'know, I'm just as Pro 2A as anyone, but I've always wondered about this.
Darn right it does!
I'd say yes, generally, except that apparently the state has a law defining them and specifically excludes black powder muzzle loaders. If that is so, this ruling sounds like capriciousness.
It would avoid a lot of hassle if they'd simply amend the law concerning felons and not the laws about firearms. I think many states simply prohibit felons from possessing deadly weapons. Period. That would do it. Next case.
It would also avoid a lot of hassle if jaywalking wasn't a felony.
Of course, not to recognize it as a firearm, opens the door to banning them altogether.
Probably. Somewhere there is a definition of water as a 'mineral.' It seems a stretch, but it amounts to having to get a permit from some gov't agency to put in a water well on your own property if you don't outright own subsurface rights. Well, if the law as it stands doesn't stand community standards or common sense it won't last.
This weapon has killed more people in the United States than any other single weapon:
This weapon has killed more people in the United States than any other single weapon:
And according to federal law, that's not a firearm.
Back then, all rifles were 'assault rifles'.
Well, sure, but black powder weapons do not lend themselves to criminal activity.
A claw hammer would probably be a more effective weapon if you were looking to take up a life of mayhem.
If you were looking to 'disarm" criminals, you would have to prohibit kitchen knives, many tools, household chemicals and even automobiles.
Black powder should be exempt because you have to draw the line somewhere.
Anyway, a criminal act should be a crime because it is a criminal act. Robbery, rape, assault and murder are the crimes, whether they are committed with a weapon, brute force or whatever. Making mere possession of firearms illegal just creates new crime and makes new criminals.
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