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 Muzzle loader and felons 
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 Post subject: Muzzle loader and felons
PostPosted: Sun Dec 12, 2010 8:40 am 
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Joined: Sun Jan 01, 2006 2:39 pm
Posts: 124
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.

_________________
But if “bear
arms” means, as the petitioners and the dissent think, the
Opinion of the Court
carrying of arms only for military purposes, one simply
cannot add “for the purpose of killing game.” The right “to
carry arms in the militia for the purpose of killing game”
is worthy of the mad hatter.


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 Post subject: Re: Muzzle loader and felons
PostPosted: Mon Dec 13, 2010 7:03 am 
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Joined: Sun Oct 05, 2008 7:41 pm
Posts: 234
Location: Apple-Mount Farming-Ville
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.

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