And according to federal law, that's not a firearm.
Wrong again.
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.
BATFE tried that once, it took an act of congress to fix it.
This has to be a state Sup. court, it cannot be SCOTUS.
And according to federal law, that's not a firearm.
Wrong again.
Yes, you are.
See the definitions in Title 26, 5845. That cap-lock device is an "Antique Firearm" (see (g)), and is specifically NOT a firearm (see (a)(8)).
(g) Antique firearm The term “antique firearm” means any firearm not designed or redesigned for using rim fire or conventional center fire ignition with fixed ammunition and manufactured in or before 1898 (including any matchlock, flintlock, percussion cap, or similar type of ignition system or replica thereof, whether actually manufactured before or after the year 1898) and also any firearm using fixed ammunition manufactured in or before 1898, for which ammunition is no longer manufactured in the United States and is not readily available in the ordinary channels of commercial trade.
(a) Firearm The term “firearm” means
...
(8) a destructive device. The term “firearm” shall not include an antique firearm or any device (other than a machinegun or destructive device) which, although designed as a weapon, the Secretary finds by reason of the date of its manufacture, value, design, and other characteristics is primarily a collector’s item and is not likely to be used as a weapon.
Try that for wierd. A grenade (destructive device) is a firearm. A muzzleloader is not. You will further note that muzzleloaders are commoly sold by mail order, across state lines, with no FFL involved on either side. This would be illegal were the muzzleloader legally considered a firearm.
Sorry, no offense; but I don't get it.
Antique firearms and replicas are exempted from the aforementioned restrictions. Antique firearms are defined as: any firearm (including any firearm with a matchlock, flintlock, percussion cap, or similar type of ignition system) manufactured in or before 1898, and any replica of a firearm as designed above if the replica is not designed or redesigned for using rimfire or conventional centerfire ammunition, or uses fixed ammunition, which is no longer manufactured in the United States and which is not readily available in the ordinary channels or commercial trade, any muzzle loading rifle, muzzle loading shotgun, or muzzle loading pistol, which is designed to use black powder, or a black powder substitute, and which cannot use fixed ammunition. (Note: Antiques exemptions vary considerably under state laws.)
Sorry; but I think the laws that make it illegal for convicted felons to have deadly weapons are good laws. Or maybe I'm just not understanding your reply?
The term “firearm” shall not include an antique firearm.
Game, set, match.
You're wrong.
Live and learn.
I know: it's wierd. They're basically saying "a firearm (colloquial usage) is not a 'firearm' (legal usage)'. The legal usage of the term is at issue, here.
If my only gun was a $10,000 gun never fired, I wouldn't hesitate to use it to protect my home and family.
States that forbid felons from having deadly weapons enumerate them, and they don't include hammers. All I was trying to do was to simplify Wyoming's obvious dilemma. When you only tell felons they can't have "firearms", under the present definition, they get to have Kentucky longrifles and 45/70s.
An "antique firearm" is not a "firearm".
Deal with it.
End of discussion. Literally. Until you learn to actually read, and comprehend what you have read, I will not waste my time with you.
Keeping sharp and blunt objects out of their hands?
Your logic is not like our Earth logic.
From YOUR post (and mine)
(g) Antique firearm The term “antique firearm” means any firearm ... (including any matchlock, flintlock, percussion cap, or similar type of ignition system
From YOUR post (and mine)
(g) Antique firearm The term “antique firearm” means any firearm ... (including any matchlock, flintlock, percussion cap, or similar type of ignition system
The term “firearm” shall not include an antique firearm
What part of "shall not include" do you not understand? Which of those words is too difficult for your reading level?
Cut and paste the link: http://www.empirearms.com/pre-1899.htm
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