Free Republic
Browse · Search
News/Activism
Topics · Post Article

Skip to comments.

Supreme Court Says Muzzleloaders are Legally Firearms
Al P ^ | 6/28/06 | staff

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.



TOPICS: Crime/Corruption; Front Page News; Government; US: Wyoming
KEYWORDS: bang; banglist; blackpowder; felons; firearms; ruling; scotus
Navigation: use the links below to view more comments.
first previous 1-20 ... 41-6061-8081-100 ... 121 next last
To: flying Elvis

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.


61 posted on 06/29/2006 4:42:36 PM PDT by Richard-SIA ("The natural progress of things is for government to gain ground and for liberty to yield" JEFFERSON)
[ Post Reply | Private Reply | To 8 | View Replies]

To: ArrogantBustard

And according to federal law, that's not a firearm.

Wrong again.

62 posted on 06/29/2006 5:33:10 PM PDT by OmahaFields
[ Post Reply | Private Reply | To 18 | View Replies]

To: OmahaFields
"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.

63 posted on 06/29/2006 5:46:57 PM PDT by ArrogantBustard (Western Civilisation is aborting, buggering, and contracepting itself out of existence.)
[ Post Reply | Private Reply | To 62 | View Replies]

To: BikerJoe
It would also avoid a lot of hassle if jaywalking wasn't a felony.

Sorry, no offense; but I don't get it.

64 posted on 06/29/2006 5:55:51 PM PDT by Migraine (...diversity is great (until it happens to you)...)
[ Post Reply | Private Reply | To 14 | View Replies]

To: NewHampshireDuo
My biggest bore is a mortar that will shoot a 12" long x 9" diameter log to good effect.

Seen this?

65 posted on 06/29/2006 5:58:16 PM PDT by tacticalogic ("Oh bother!" said Pooh, as he chambered his last round.)
[ Post Reply | Private Reply | To 59 | View Replies]

To: ArrogantBustard
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.

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.)

66 posted on 06/29/2006 5:59:41 PM PDT by OmahaFields
[ Post Reply | Private Reply | To 63 | View Replies]

To: elkfersupper
They're doing that as hard and fast as they can. Pretty soon, we'll all be criminals. Then, nobody will pass the background check and "Voila!" mission accomplished.

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?

67 posted on 06/29/2006 6:02:13 PM PDT by Migraine (...diversity is great (until it happens to you)...)
[ Post Reply | Private Reply | To 26 | View Replies]

To: Eaker
Assault Rifle Ping
68 posted on 06/29/2006 6:04:38 PM PDT by humblegunner (If you're gonna die, die with your boots on.)
[ Post Reply | Private Reply | To 18 | View Replies]

To: OmahaFields
You missed (a)(8):

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.

69 posted on 06/29/2006 6:04:51 PM PDT by ArrogantBustard (Western Civilisation is aborting, buggering, and contracepting itself out of existence.)
[ Post Reply | Private Reply | To 66 | View Replies]

To: absolootezer0
why would anyone want to own a gun that they wouldn't or couldn't use?

If my only gun was a $10,000 gun never fired, I wouldn't hesitate to use it to protect my home and family.

70 posted on 06/29/2006 6:04:55 PM PDT by OmahaFields
[ Post Reply | Private Reply | To 47 | View Replies]

To: ArrogantBustard
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
71 posted on 06/29/2006 6:06:35 PM PDT by OmahaFields
[ Post Reply | Private Reply | To 69 | View Replies]

To: RipSawyer
You have just advocated banning dang near everything!

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.

72 posted on 06/29/2006 6:08:56 PM PDT by Migraine (...diversity is great (until it happens to you)...)
[ Post Reply | Private Reply | To 34 | View Replies]

To: OmahaFields
If you refuse to read the law as written, I can't help you.

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.

73 posted on 06/29/2006 6:09:20 PM PDT by ArrogantBustard (Western Civilisation is aborting, buggering, and contracepting itself out of existence.)
[ Post Reply | Private Reply | To 71 | View Replies]

To: Migraine
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.

Keeping sharp and blunt objects out of their hands?

74 posted on 06/29/2006 6:13:41 PM PDT by Oztrich Boy (No Christian will dare say that [Genesis] must not be taken in a figurative sense. St Augustine)
[ Post Reply | Private Reply | To 13 | View Replies]

To: TheDon
Of course, not to recognize it as a firearm, opens the door to banning them altogether.

Your logic is not like our Earth logic.

75 posted on 06/29/2006 6:15:24 PM PDT by Oztrich Boy (No Christian will dare say that [Genesis] must not be taken in a figurative sense. St Augustine)
[ Post Reply | Private Reply | To 15 | View Replies]

To: ArrogantBustard
If you refuse to read the law as written, I can't help you. An "antique firearm" is not a "firearm". Deal with it.

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

76 posted on 06/29/2006 6:15:34 PM PDT by OmahaFields
[ Post Reply | Private Reply | To 73 | View Replies]

To: ArrogantBustard
If you refuse to read the law as written, I can't help you. An "antique firearm" is not a "firearm". Deal with it.

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

77 posted on 06/29/2006 6:15:35 PM PDT by OmahaFields
[ Post Reply | Private Reply | To 73 | View Replies]

To: Burro Driver
Here's the real skinny: http://www.empirearms.com/pre-1899.htm
78 posted on 06/29/2006 6:17:23 PM PDT by Inyo-Mono (Life is like a cow pasture, it's hard to get through without stepping in some mess. NRA.)
[ Post Reply | Private Reply | To 25 | View Replies]

To: OmahaFields
From my post, and from the United States Code Section 26, which (inexplicably) you seem unable to read and comprehend:

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?

79 posted on 06/29/2006 6:20:07 PM PDT by ArrogantBustard (Western Civilisation is aborting, buggering, and contracepting itself out of existence.)
[ Post Reply | Private Reply | To 77 | View Replies]

To: Inyo-Mono

Cut and paste the link: http://www.empirearms.com/pre-1899.htm


80 posted on 06/29/2006 6:20:50 PM PDT by Inyo-Mono (Life is like a cow pasture, it's hard to get through without stepping in some mess. NRA.)
[ Post Reply | Private Reply | To 78 | View Replies]


Navigation: use the links below to view more comments.
first previous 1-20 ... 41-6061-8081-100 ... 121 next last

Disclaimer: Opinions posted on Free Republic are those of the individual posters and do not necessarily represent the opinion of Free Republic or its management. All materials posted herein are protected by copyright law and the exemption for fair use of copyrighted works.

Free Republic
Browse · Search
News/Activism
Topics · Post Article

FreeRepublic, LLC, PO BOX 9771, FRESNO, CA 93794
FreeRepublic.com is powered by software copyright 2000-2008 John Robinson