Twin Cities Carry Forum Archive http://www.twincitiescarry.com/forum/ |
|
Muzzle loader and felons http://www.twincitiescarry.com/forum/viewtopic.php?f=27&t=14608 |
Page 1 of 1 |
Author: | jrp267 [ Sun Dec 12, 2010 8:40 am ] |
Post subject: | Muzzle loader and felons |
Can a felon hunt with a muzzle loader? I am having a discussion with an individual and am trying to figure out who's right. |
Author: | RobD [ Mon Dec 13, 2010 7:03 am ] |
Post subject: | Re: Muzzle loader and felons |
It may need a test case, but I would say no... State laws defining "firearms" (609.666, 609.02, 97A.015) fall into several classes: 1. Federal law, basically a cartridge-loading arm. 2. Or expels projectiles by action of an explosive (nevermind that smokeless powder is hardly an explosive, legislatures don't know that much), or 3. Expels a projectile by means of an expanding gas (which would include muzzleloaders). Case law has convicted felons for carrying a BB gun. Quote: A convicted felon barred from carrying a firearm broke the law when he started toting a BB gun, the Minnesota Court of Appeals has ruled. John Fleming Jr. couldn't legally carry a gun because of two felony assault convictions, so he packed a BB gun instead. Ramsey County prosecutors decided Fleming was splitting hairs and charged him with unlawful possession of a firearm. Fleming won when a Ramsey County District judge threw out the charge, ruling the statute doesn't apply to BB guns. But the appeals court ruled prosecutors could again take aim at the two-time felon. The appellate court reinstated the charge against Fleming, finding that a firearm is "any gun from which a shot or a projectile is discharged by means of explosive, gas or compressed air." Fleming is accused of carrying a black metal BB gun that discharges a pellet by means of a CO2 cartridge. |
Page 1 of 1 | All times are UTC - 6 hours |
Powered by phpBB © 2000, 2002, 2005, 2007 phpBB Group http://www.phpbb.com/ |