We feel privileged to be on the ATF’s email distribution list. Really we do. It’s not everyone who gets the straight poop right from the horse’s mouth. Sorry about those metaphors but they seem oddly appropriate here. Anyway, in true Letterman style, our dedicated federal servants have accumulated a list of the the top ten most frequently asked questions they receive along with some answers. If ATF’s anything like the IRS, you can probably ask the same question to five people there and get six different answers. So good luck basing what you do on what they provide here. YMMV, and no doubt will . . .

1. Can a person prohibited by law from possessing a firearm acquire and use a black powder muzzle loading firearm?

The Gun Control Act of 1968 (GCA) prohibits felons and certain other persons from possessing or receiving firearms and ammunition (“prohibited persons”). These categories can be found at 18 U.S.C. § 922(g) and (n) in http://atf.gov/publications/download/p/atf-p-5300-4.pdf.

However, Federal law does not prohibit these persons from possessing or receiving an antique firearm. The term “antique firearm” means any firearm (including any firearm with a matchlock, flintlock, percussion cap, or similar type of ignition system) manufactured in or before 1898.

The definition includes any replica of an antique firearm if it is not designed or redesigned for using rimfire or conventional centerfire fixed ammunition, or uses rimfire or conventional centerfire ammunition which is no longer manufactured in the United States, and which is not readilyavailableinordinarychannelsofcommercialtrade.

Further, any muzzle loading rifle, shotgun, or pistol which is designed to use black powder or black powder substitute, and which cannot use fixed ammunition, is an “antique firearm” unless it (1) incorporates a firearm frame or receiver; (2) is a firearm which is converted into a muzzle loading weapon; or (3) is a muzzle loading weapon which can be readily converted to fire fixed ammunition by replacing the barrel, bolt, breech block, or any combination thereof. See18U.S.C.§921(a)(3),(a)(16).

Thus, a muzzle loading weapon that meets the definition of an “antique firearm” is not a firearm and may lawfully be received and possessed by a prohibited person under the GCA.

In addition, the GCA defines the term “ammunition” to mean “ammunition or cartridge cases, primers, bullets, or propellant powder designed for use in any firearm.” Because an “antique firearm” is not a “firearm,” it would be lawful for a prohibited person to receive or possess black powder designed for use in an “antique firearm.” Also, the Federal explosives laws do not make it unlawful for a prohibited person to acquire and possess black powder in quantities not exceeding fifty pounds if it is intended to be used solely for sporting, recreational, or cultural purposes in “antique firearms.” See 18 U.S.C. § 845(a)(5)

By contrast, a prohibited person may not receive or possess black powder firearms that can be readily converted to fire fixed ammunition by replacing the barrel, bolt, breech block, or any combination thereof. ATF has classified certain muzzle loading models as firearms. All of these models incorporate the frame or receiver of a firearm that is capable of accepting barrels designed to fire conventional rimfire or centerfire fixed ammunition. These muzzle loading models do not meet the definition of “antique firearm” as that term is defined in 18 U.S.C. § 921(a)(16), and are “firearms” as defined in 18 U.S.C. § 921(a)(3). Furthermore, as firearms, these and similar models, regardless of the barrel installed on the firearm or provided with the firearm, are subject to all provisions of the GCA. Persons who purchase these firearms from licensed dealers are required to fill out a Firearms Transaction Record, ATF Form 4473, and are subject to a National Instant Criminal Background Check System (NICS) check. Felons and other prohibited persons may not lawfully receive or possess these firearms or ammunition.

The following is a list of weapons that load from the muzzle and are classified as firearms, not antiques, under the GCA, because they incorporate the frame or receiver of a firearm:

Savage Model 10ML (early, 1st version)
Mossberg 500 shotgun with muzzle loading barrel Remington 870 shotgun with muzzle loading barrel Mauser 98 rifle with muzzle loading barrel
SKS rifle with muzzle loading barrel
PB sM10 pistol with muzzle loading barrel H&R/New England Firearm Huntsman
Thompson Center Encore/Contender
Rossi .50 muzzle loading rifle

This list is not complete and frequently changes. There may be other muzzle loaders also classified as firearms. As noted, any muzzle loading weapon that is built on a firearm frame or receiver falls within the definition of a firearm provided in 18 U.S.C. § 921(a)(3).

Finally, even though a prohibited person may lawfully possess an antique firearm under Federal law, State or local law may classify such weapons as “firearms” subject to regulation. Any person considering acquiring a black powder weapon should contact his or her State Attorney General’s Office to inquire about the laws and possible State or local restrictions. A list of State Attorney General contact numbers may be found at www.naag.org.

2. May I lawfully transfer a firearm to a friend who resides in a different State?

Under Federal law, an unlicensed individual is prohibited from transferring a firearm to an individual who does not reside in the State where the transferee resides. Generally, for a person to lawfully transfer a firearm to an unlicensed person who resides out of State, the firearm must be shipped to a Federal Firearms Licensee (FFL) within the recipient’s State of residence. He or she may then receive the firearm from the FFL upon completion of an ATF Form 4473 and a NICS background check. More information can be obtained on the ATF website at www.atf.gov and http://www.atf.gov/firearms/faq/unlicensed-persons.html. The GCA provides an exception from this prohibition for temporary loans or rentals of firearms for lawful sporting purposes. Thus, for example, a friend visiting you may borrow a firearm from you to go hunting. Another exception is provided for transfers of firearms to nonresidents to carry out a lawful bequest or acquisition by intestate succession. This exception would authorize the transfer of a firearm to a nonresident who inherits a firearm under the will of a decedent. See 18 U.S.C. 922(a)(5).

3. May I lawfully transfer a firearm to a resident of the same State in which I reside?

Any person may sell a firearm to an unlicensed resident of the State where he resides as long as he does not know or have reasonable cause to believe the person is prohibited from receiving or possessing firearms under Federal law. There may be State laws that regulate interstate firearm transactions. Any person considering acquiring a firearm should contact his or her State Attorney General’s Office to inquire about the laws and possible State or local restrictions. A list of State Attorney General contact numbers may be found at www.naag.org.

4. How do I register my firearm or remove my name from a firearms registration?

There is no Federal registration requirement for most conventional sporting firearms. Only those firearms subject to the National Firearms Act (NFA) (e.g., machineguns, short-barrel firearms, silencers, destructive devices, any other weapons) must be registered with ATF. For information on the registration and transfer provisions of the National Firearms Act, please refer to the ATF NFA Handbook at http://www.atf.gov/publications/firearms/nfa-handbook/ or contact the ATF NFA Branch at 304-616-4500. Firearms registration may be required by State or local law. Any person considering acquiring a firearm should contact his or her State Attorney General’s Office to inquire about the laws and possible State or local restrictions. A list of State Attorney General contact numbers may be found at www.naag.org.

5. Does ATF issue a Concealed Carry Permit (CCP) that authorizes a person to carry a firearm throughout the United States?

Neither ATF nor any other Federal agency issues such a permit or license. CCPs may be issued by a State or local government.

6. May I lawfully ship a firearm to myself in a different State?

Any person may ship a firearm to himself or herself in the care of another person in the State where he or she intends to hunt or engage in any other lawful activity. The package should be addressed to the owner “in the care of” the out-of-State resident. Upon reaching its destination, persons other than the owner must not open the package or take possession of the firearm.

7. May I lawfully ship a firearm directly to an out-of-State licensee, or must I have a licensee in my State ship it to him? May the licensee return the firearm to me, even if the shipment is across State lines?

Any person may ship firearms directly to a licensee in any State, with no requirement for another licensee to ship the firearm. However, handguns are not mailable through the United States Postal Service and must be shipped via common or contract carrier.(18 U.S.C. §§ 1715). Firearms shipped to FFLs for repair or any other lawful purpose may be returned to the person from whom received without transferring the firearm through an FFL in the recipient’s State of residence. FFLs may also return a replacement firearm of the same kind and type to the person from whom received. 18 U.S.C. § 922(a)(2)(A).

8. I have been convicted of a felony. How do I reinstate my rights to possess a firearm?

Persons who have been convicted of a “crime punishable by imprisonment for a term exceeding one year,” as defined by 18 U.S.C. § 921(a)(20), are prohibited from receiving or possessing firearms under Federal law, 18 U.S.C. § 922(g)(1). Felons whose convictions have been set- aside or expunged, or for which the person has been pardoned or has had civil rights restored are not considered convicted under section 922(g)(1), unless that person was expressly prohibited by the law of the jurisdiction in which the proceedings were held from possessing firearms. Persons convicted of a State offense should contact the State Attorney General’s Office in the State in which they reside and the State of the conviction for information concerning State and local firearms restrictions, and any alternatives that may be available, such as a gubernatorial pardon or civil rights restoration.

If your conviction is for a Federal offense, you would regain the ability to lawfully receive, possess, or transport firearms if you receive a Presidential pardon. You can find additional information about such pardons by contacting the Office of the Pardon Attorney online at www.usdoj.gov/pardon/.

The GCA includes a provision that gives ATF authority to grant relief from Federal firearms disabilities. 18 U.S.C. § 925(c). However, since 1992, ATF’s annual Congressional appropriation has prohibited ATF from expending any funds to investigate or act upon applications for relief from Federal firearms disabilities submitted by individuals. As long as this provision is included in ATF appropriations, ATF cannot act upon such applications for relief.

9. May I lawfully make a firearm for my own personal use, provided it is not being made for resale?

Firearms may be lawfully made by persons who do not hold a manufacturer’s license under the GCA provided they are not for sale or distribution and the maker is not prohibited from receiving or possessing firearms. However, a person is prohibited from assembling a non-sporting semiautomatic rifle or shotgun from 10 or more imported parts, as set forth in regulations in 27 C.F.R. 478.39. In addition, the making of an NFA firearm requires a tax payment and advance approval by ATF. An application to make a machine gun will not be approved unless documentation is submitted showing that the firearm is being made for the official use of a Federal, State, or local government agency (18 U.S.C. § 922(o),(r); 26 U.S.C. § 5822; 27 C.F.R. §§ 478.39, 479.62, and 479.105).

10. I was the subject of a NICS check when I attempted to purchase a firearm from an FFL, and I received a delayed response or a denial. Please tell me why I did not receive a “proceed” response.

ATF does not operate the National Instant Criminal Background Check System (NICS). It is administered by the Federal Bureau of Investigation (FBI). Please contact the NICS Customer Service Center at (877) 444-6427 for further assistance. You can also find information about the NICS system by visiting the FBI’s website at http://www.fbi.gov/about-us/cjis/nics.

Recommended For You

69 Responses to Everything You Always Wanted to Know About Gun Laws But Were Afraid to Ask the ATF

    • “The data has been seized upon by advocates of stricter gun controls in the United States. In a press release, Sen. Diane Feinstein (D-CA) said the new data “makes it very clear that we need to increase our efforts to starve the supply of American weapons that arm Mexico’s brutal drug trafficking organizations.””

      Does Di Fi know where Holder’s office is? This could be a win win for all of us.

      • Maybe we need to remind Ms. Feinstein that the ATF is the one arming the Mexican drug cartels with our FULLY AUTOMATIC ASSAULT RIFLES, ones which AMERICAN CITIZENS AREN’T EVEN ALLOWED TO HAVE! Unless grandfathered of course =)

  1. All those criminal bad guys out there pay attention, these laws are all meant to prevent bad guys from arming up. And we all know they work flawlessly.

    • Actually, they are as much (if not more) about being able to throw the scumbags back in jail when caught with a gun or ammo on the outside.

      For that, they are quite effective.

      • ats funny bout this is im a convicted felon numerous times over nd I wouldn’t dare try to buy a gun @ a gun store. but I cant tell u how ridicuously easy it is for me to get my hands on ANY type of gun……all I have to do is find a ghetto nd make some friends,,,,,,and that’s not hard to do as long as im willing to spend some cash…….laws don’t mean shit…..cash is king….it always has been nd always will be………food for thought

    • Your a ignorant fool im a felon who was wrongly convicted of having a belt buckle shaped like brassnuckles that are sold everywhere I never ever ever used my belt buckle for anything other than to hold up my pants ,the judge said I was looking at 5 8or 11yrs and that scared me so bad when they offered me felony probation instead I jumped on the deal like a idiot.”I know now to fight any and all charges wether im guilty or not “my po was my girlfriends parents po and hated them so he took it out on me and just before I completed probation he sent me to prison ,so smart guy am I a bad guy or was I just uneducated about the law? If im a criminal then im a god fearing law book reading penal code quoting force to be reckoned with. I will never be unjustly convicted again and I promise you I am non violent law abiding citizen who owns muzzle loaders legally and I will get my civil rights back or what I should say my GOD given rights because that is what they are “GOD given” and cannot be taken or given away by any man but the illusion of the loss of our “God given rites” is in fact all they can do .nobody can take away something that is GOD given except for God,o and did you know if a cop ,police officer or any law enforcement official even touches you it is assault “unless you are being legally investigated for a crime or unless you give them permission” and they cannot put you in handcuffs even for their “safety” they have a gun and tazer gun ,pepper spray, a baton ,training ,back up and a radio for their protection. Look it up if they cuff you and dont arrest you It is assault. If you touch them its an assault charge against you.it works both ways . But they are not in charge of the population like they portray they are civil servants .key word SERVANTS .unless you break the law. But on that note anyone can arrest anyone but if you try to arrest a cop for breaking the law” without any witnesses” demand they have another cop come to assest you or call 911 on any law enforcement officials that break the law .if you want to know what laws they know get The peace officers guid to criminal law I ha e a copy and I will not be assaulted harassed bullied or illegaly arrested or falsely imprisoned any more. Yes I am a felon. Convicted of a belt buckle that I did nothing but wear so tell me am I a bad and dangerous criminal or a fellow that didnt know the law and put my faith in the judicial system? Today I study the law and I put my faith in God who gave me the rites they pretend that they can take away. They can’t take what God gives even if you sign a piece of paper saying that you give up your rites. You cant give up what God has given you.if you dont believe me then sell your sole and let me know what you get for it dumb ass

      • Most police it seem act as if they are God and do whatever they please these days even more. I feel you brother. I’m in the same boat as yourself. But as the devil is coming soon the world views things backwards. I’m glad to see others who see the truth. I wish us all in the same situation luck. God bless you brother..

      • I had a roommate. There was a pot pipe in our apartment, and i hit my roommate once in self defense.

        Spent the night in jail and in the morning theres a “plea” saying 18 months in jail + thousands in fees.

        Lawyer worked out a deal saying ok, 18 months probation, and then itl be expunged. I take it.

        I paid my fees, graduated college, have a career, never even gotten a speeding ticket since…

        They wont expunge it.

        Im innocent of the domestic battery.
        The pot pipe. .. it was both of our apartment, so why am i the only one being charged for it??? How can they prove it was mine??
        i woulda won. I got scared, took the plea, just figured id rather not risk it, and ruin my future.

        You know how many jobs got offered, I’m all set to start, then they see my record? ?

        You know how ashamed i am to have my rights taken away?

        Right to bare arms
        No unreasonable searches/seizure
        Not be compelled to testify against yourself.

  2. Interesting point in # 8 that what’s been debated on this website (the ability of felons to arm themselves in self defense) is provided for in the GCA but is being blocked from implementation by Congress.

  3. I would have liked to have seen “may someone other than the owner of an NFA firearm use that firearm under the direct, in-person supervision of the owner?” I’ve seen some people who claim no… it’d be nice to get a straight answer from the BATFE.

    • I don’t know about your state but here in TN we actually have an indoor range which RENTS FFA full auto weapons for use on site. So I would say yes, yes you can allow use under direct supervision. I don’t have any friends with them but would even go as far as to GUESS that if your friend had one and was willing to loan you their 10k+ dollar gun (as long as it was legal, like registered and taxed) you could borrow it as it is never transferred to you.

  4. Regarding #8. Had a discussion the other day over beers with a couple buddies regarding felons getting civil rights back. None of us have ever been charged with a crime let alone been convicted of one yet we were unanimous that if a felon serves the time and keeps on the right track for a given amount of time their civil rights should be restored. We were all for second chances since plenty folks make one stupid decision but are otherwise alright. Our only caveat would be someone who used a firearm or other deadly weapon in the commission of a crime. Those folks should have to meet a much higher standard than non violent felonies. Also agreed was repeat offenders need not apply.

      • Amen to that! Those who have committed a violent felony should not have gun rights restored for quite a while, if ever. Those are some gun laws that I highly support.

        Although I’ve met many a misdemeanant who I would rather not meet off-duty as well.

        • If the crime was not comitted with a gun and no one was injured,in fact the crime that was comitted then is not a felony charge now by all means their rights should be restored!!! what about a govenor who was charged with several felony’s after he served his time all felony’s were spunged from his records what makes politicians any better or says they deserive better than any other tax paying citizen? Guns don’t kill people! People kill People weather it be a gun,knife,car o whatever they choose our fathers faught for the right to be able to protect you and your family lets not let it be in vain!!!!!

        • If a right has to be “restored”, then it’s not a right, it’s a privilege. If the 2nd can be suspended because of a felony conviction, why don’t we all vote to take away the rest of the bill of “rights” from the “felons”? We could pass a law to take away 8th amendment rights of anybody who’s been convicted of child rape. Then we could put them in stocks in the town square and allow people to rape them. What would SCOTUS say to that?
          They’d probably say that the law isn’t legal because it violates the 8th which can’t be done away with through legislation. They’d also say that it unfairly targets members of the Catholic Church.

          How many of the other first 10 amendments say “shall not be infringed”?

          The more I hear “2nd” amendment supporters call for more restrictions of other classes of people, the more I support a total ban on firearms for everybody.
          And that’s how I’m now voting.
          Could it lead to tyranny?

          I HOPE SO!

        • There is only one Gun law needed in America. Commit a crime with a gun type weapon, automatically a death sentence, no if’s and’s but’s or or’s. I have no problem for felon’s owning weapons of a gun nature. And people who support the 2nd should not either. This is the same as a drunk D.U.I. driver killing some one in a crash can never drive again. As I said, only one law given for gun ownership, use one in a crime, automatically a death sentence. You can be a felon in too many ways which does not involve violence. A felon is determined by amount of time served not the crime. 1 year or more in sentence time makes you a felon. The fed should have no right to regulate any gun laws outside of import export law’s, the 2nd gives that right to each state through it’s Militia statement. Firearms are not a Federal taxed item, there fore ATF should have no law enforcement activities over fire arms. The 13th amendment is the slavery act, and it is the 2nd part of this act by which the Fed is basing their fight to get control of fire arm’s in America. Go read it. But remember this, even a felon should not be denied the right of self protection, while you think only you should have that protection. No right should be suspended for any reason for any American Born Citizen. There in lays the danger’s we face today. How the Fed can take away a right and you go for it because you don’t fall into the category. This is a state matter, for the states to handle , not the Fed.

      • Not kidding. I have two friends that did something really stupid when they were young but in the intervening 20 or so years have started families, have had steady jobs, paid taxes and walked the straight and narrow. Despite that they don’t have the right to defend themselves or their families. These two friends (and I’m sure they are nowhere near alone) are why I feel there should be some sort of criteria to allow fellas like them to regain the ability to own firearms. Why should a guy who paid his debt, has 20 clean years, a wife and six kids be denied the right to protect them? They have both to this day obeyed the law and don’t own a firearm. Are these the guys we need to worry about?

        Are there felons that should be nowhere near guns? Goddam right. But those recidivist peckerheads are the ones that get heaters anyway.

        • As a felon, I can tell you that a gun law means nothing to most criminals. I would suggest a back end penalty. After five years from conviction, fine you can have one again, use a gun in a crime after that and you don’t get out.

          This would allow the reformed or those convicted of stupid felonies (DUI, felony tresspass, etc) their rights back, and get rid of those who aren’t reforming. Simply put, from experience, it only takes a short prison sentence to clean someone up, if they go back once, they’ll go back again and again. If you do adult prison time, and use a gun after that in a crime, I would never let them see the light of day.

        • My immediate family members all support gun control laws.
          They’ve all committed domestic violence, felony child endangerment and in the case of my own mother, attempted murder on myself when I was 7 years old. She’s never been arrested as we lived in the Detroit area that has no real law enforcement which is why Detroit is morally and financially bankrupt. My mother and stepfather have been convicted in federal court for contract fraud to the tune of $640,000. Not a felony though.
          My sister recently told me that my mother got mad at her and tried to hit her in the head with a cast iron skillet. That’s called “assault with a deadly weapon”. I told my sister to defend herself as needed and then have my mother arrested. When my mother found out about what I told her, my siblings were forbidden from ever talking to me again. They were told there would be financial repercussions for communicating with me any longer. My brother and sister were both having their college educations paid for by my mother (with the child support she embezzled from my biological father).
          They don’t even live with my parents anymore.
          Gun control doesn’t work. Good people get arrested for “assault on a police officer” simply for breaking a cops finger as the cops is beating the persons face in and yet police officers caught committing serious crimes are RARELY prosecuted and are allowed the choice to quit before and investigation ensues thus protecting them from having their constitutional “privileges” taken away. My own mother runs around suffocating 7 year old boys until they black out then threaten to murder them if the tell anybody and yet she considers herself a “law abiding citizen”.

          Gun control is a slippery slope that will be taken advantage of in the future with other constitutional rights. If the majority of the public supports the feds being able to suspend the 2nd for a small group of people, why not the other 9 bill of RIGHTS? Using the model for the 1968 GCA, we could make black people slaves again just through legislation REGARDLESS of the 13th amendment. Does the 13th say “shall not be infringed”? Wouldn’t matter if it did at this rate. The 2nd says “shall not be infringed” and yet we have to ask permission to enjoy this right?
          As for the power to regulate interstate commerce and guns, I agree with Scalia’s point in the Heller case. The feds DO have the constitutional authority to keep guns out of the hands of………
          France, England and other countries. As for the American public, the right to keep (own) and the right to bear (carry) aren’t powers that the feds OR the states can infringe upon. How do I know this?
          The 2nd amendment says very clearly…….
          SHALL NOT BE INFRINGED!

          What we should be talking about now is a constitutional amendment to prosecute lawmakers for creating, coauthoring, sponsoring or voting for laws that are determined by the courts to be unconstitutional. We could prosecute any living member of a local, state or federal government for supporting laws deemed to be unconstitutional. The days of doing whatever the hell they want regardless of the constitution would be over with. Chicago could send the entire city council to prison. NYC could snatch the British agent and member of the British peerage Michael Bloomberg and send him to prison as an unregistered agent of a foreign power which is currently a federal crime that fetches a cool 5 years in a federal prison. Hell, we could probably do that right now if we had a real AG at the DOJ.

      • that’s not the reason u carry…….u carry because ur afraid……..tell the truth, it aint nuthn to do with felons…….felons r normal people nd the only difference between them nd everybody else is that they got caught

      • Ima a felon who was wrongly convicted of a felony charge for a belt buckle shaped like brass knuckles that I did nothing wrong with I wore them to hold up my pants my only crime was to trust in the judicial system , o and if you carry because of felons then im sorry for you. You should carry for the law enforcement officials that shoot 10 year olds who have a water gun but dont even fire on GANG members that shoot at and hit other law enforcement officials ,because its more dangerous to shoot a cracked out gangster with a real gun then it is to kill a little kid with a water gun . Im a felon who owns a muzzle loader legally and I have it because of people like you

        • Felon is a word that is meant to make people afraid. The fact of the matter is that the use of that word in the constitutional rights banning debate (NOT GUN CONTROL) is irrelevant. The GCA of 1968 calls for the suspension of constitutional rights from anybody convicted of a misdemeanor that MAY fetch a year or more in jail.
          Even the debate itself is a lie.

      • Being a felon does not mean you want to possess a firearm to commit a crime.But do you think a career criminal cares about having a firearm illegally? He could care less. these laws are only stopping the felons who are law abiding tax paying citizens.

      • I’m a convicted felon and I haven’t been in trouble In 17 years. I was recently charged with unlawful passion of a firearm/of a felon .I wasn’t carrying it..it was in my room. The police came in and only took the gun and ammo. They had no search warrant. Someone just told them I had it.
        I don’t think it’s wright. Can I beat the felony charges?

  5. As I always do, I fall back to the constitution, None of these are permitted to be enforced do to the second amendment. However I do realized that SCOTUS has ruled against people looking to overturn all of the CGA laws. This is just crazy. We should not have to ask these questions.

    • Agreed, Frank. All of these laws and regs from state level to the NFA and GCA are unconstitutional. I’m sure our founding fathers would be saddened that despite their simple, concise, and clear language, these rights are being widely and routinely infringed by officials supported by the frightened and irrational sheeple.

    • I’m not aware of the courts hearing a case related to the banning of 2nd amendment rights of people convicted of a crime. The Miller case had more to do with a short barreled rifle and even that case was crap, not to mention the fact that the ATF probably murdered Miller for challenging them.
      Maybe I missed the case where SCOTUS affirmed the right of the congress to strip constitutional rights from Americans through legislation.

      Can you point me in the right direction?

  6. Regarding #1. Not in New York State–not any more. Since the beginning of this year, convicted felons can no longer own or use black powder rifles in NYS.

    • #1 clearly says based on GCA definitions federal law does not prohibit felons from possessing certain black powder guns classified as ‘antique firearms’ which are not legally ‘firearms’ under federal law. It also clearly states that local laws and regulations may apply and anyone wanting to acquire black powder weapons should contact their state Attorney General to check applicable laws.

      • what category does all the 50 cal deer hunting muzzleloaders sold at Cabelas fall into??
        they are mostly break barrel and they use a shotgun primer to detonate the black powder.

  7. The First 10 Amendments to the Constitution as Ratified by the States December 15, 1791
    PREAMBLE Congress OF THE United States.
    “THE Conventions of a number of the States having at the time of their adopting the Constitution, expressed a desire, in order to prevent misconstruction or abuse of its powers, that further declaratory and restrictive clauses should be added: And as extending the ground of public confidence in the Government, will best insure the beneficent ends of its institution..”

    Amendment II “A well regulated militia, being necessary to the security of a free state, the right of the people to keep and bear arms, shall not be infringed.”

    http://www.archives.gov/exhibits/charters/bill_of_rights_transcript.html

  8. Felons can’t use muzzle loaders in Kentucky either.
    From the KRS:
    Definitions
    (2) “Firearm” means any weapon which will expel a projectile by the action of an explosive

    Felons addressed
    (1) No person shall knowingly sell or transfer a firearm to any person prohibited from possessing it by KRS 527.040.

    • I was told this year by a local deputy that in ky you can use muzzleloaders, he defined that a centerfire or self contained charge was what was illegal for felons not cap and ball or saboted, he informed me that they always return muzzle loaded weapons to felons in arrest situations not related to same, verified use of these as well as 25 cal pcp rifles through ky wildlife and game…

      • why do you use the word felons?
        Any misdemeanor that carries a potential sentence of a year or more in jail gets you stripped of your constitutional rights.
        What’s with the “FELON” fetish?

  9. I’m confused by #1.

    A felon can own a Colt Peacemaker (cartridge revolver) made prior to 1898 but not a replica, because the replica uses “centerfire fixed ammunition” (even in the same caliber)?

    Although much mention is made of black powder, this can’t be due to the invention of modern “smokeless powder” propellant since smokeless was invented several years prior to 1898.

    What am I missing?

    • The question in #1 was specifically addressing black powder muzzle loaders. That’s why black powder was mentioned so much there. As for the Colt Peacemaker and the modern replica, it’s the federal government so you should expect things to not make sense.

      • Ok, here’s the skinny on that (from an ex federal con). Sure you can buy a Colt Peacemaker made prior to 1898 (not a replica because it’s centerfire), but buy one bullet for it, and you are going down for five years. Better to just stick to plain muzzleloading weapons if you have the absolute desire to shoot.

        Federal gun laws are a maze. Simply put, if you are a federal ex con, only use muzzle loading weapons that are replicas of actual firearms made prior to 1898 and you are in the clear. Don’t select one that has the ability to be readily changed by way of swapping out the barrel to fire centerfire ammo either. If you’re a non-violent felon, I know it sucks, but unless you want to go back for five, just stick to it. If you’re a violent felon, I’d even steer clear of this because there are tons of state prohibitions against violent felons owning “deadly weapons” antique or not.

  10. The period (.) located immediately following the word “infringed” was not placed there by accident. The wording of the 14th amendment was debated, drafted, and ratified in unmistakeable terms in order to accomplish unmistakeable goals. The so-called “supreme” court took it upon themselves to determine that the folks who ratified the 2nd as well as the 14th Amendment didn’t mean what they said and ATF personnel play by their own rules as they go and don’t give a damn what the Constitution or the GCA says.
    [W3]

  11. As to Point-3, above, “…There may be State laws that regulate interstate firearm transactions…” this should read “intrastate”, not “interstate”.

  12. If an antique firearm is not considered a firearm does that mean you can take it into a gun free zone or carry it concealed?

    • No. Most states have a very different definition of the word “firearm.” And carry a “deadly weapon” is also illegal in any gun free zone.

  13. Are persons with a conceal handgun license allowed to disclose to you if they are carring firearms or ammunition? As a felon, I have disassociated myself with trouble makers. I was told to ask anyone who I was in a vechile with or at their house if they had a firearm or ammunition in their vicinity. However, I was advised that concealed meant they did not have to disclosed that information because it was concealed. Is their anyway I can insure my safety from breaking any federal laws?

  14. Are persons with a conceal handgun license allowed to disclose to you if they are carring firearms or ammunition? As a felon, I have disassociated myself with trouble makers. I was told to ask anyone who I was in a vechile with or at their house if they had a firearm or ammunition in their vicinity. However, I was advised that concealed meant they did not have to disclosed that information because it was concealed. Is their anyway I can insure my safety from breaking any federal laws?

    • I’m an ex con and all of my friends are military (meaning most own weapons). Just explain to them the situation. I have this conviction, if you have a weapon in the vehicle, I go to prison for five years. People are typically very accommodating.

      More than once I’ve heard “Oh… Let’s take your car.” after informing someone. If its a conviction you are ashamed to speak of, then its better to just make a new set of friends completely. Just remember that it’s much better to have a “friend” get irritated over it than not see any of your friends for five years.

      The definition of “constructive possession” is really pretty open. You have to know the weapon is there and be able to exercise control over it. But simply saying “I didn’t know” is typically not enough for a ex con, especially if you have a lengthy history. Its better to just steer clear of them.

    • Twenty years ago I was assaulted by 3 male peers. I was 18yo. 1 of my assailants repeatedly punched while the other 2 held, when I saw and felt the glass bottle glance off my skull, I instinctively reached for the knife in my pocket. A bottle used as a weapon raises the stakes and compelled me to grab my knife and even my odds, lest I be bludgeoned, long-story-short, I cut the the “bottle guy”, the attack fizzled and I frantically ran from the scene (big mistake that made me look guilty). I was picked up an hour later and charged with: felony assault, a violent crime to which I naively plead guilty on the advice of a worthless court appointed attorney. At 18, I had no idea twenty years later I’d STILL be regretting. Yes I grew up, Yes I got a job, quit smoking, got married, started a family and Yes I did all of these things and more. No, none of it matters. Under current law, the fact I kept my nose clean for 20+ years nd counting counts for nothing. Don’t get me wrong I had bumps along the way, but no crimes. One such bump, for example, took place 10 years ago, while working two jobs to afford a small rundown apartment (before I had my family), I had the dubious distinction of living directly next to a crackhouse. On one night between shifts, sneaking a cigarette on my patio (I was not allowed to smoke inside), 2 African American youths intent on causing trouble, decided to jump this unlucky lonesome “white boy” on the patio. The primary instigator mouthed a random string of profanity laced ebonics in my general direction, and when I did not reply, took a swing. I dodged and counter punched in his face. Even I was surprised when he fell to one knee, but no sooner I could react, than I felt the sickening crack of a wooden baseball ball against my skull. When I regained consciousness a few seconds later, my body was being pummeled with the baseball bat, and a lawn chair which the other assailant randomly picked up off the floor. Luckily, the enclosed patio made it cumbersome to fully swing their objects, and once again, as 10 years earlier, I was reaching for my knife, this time stabbing one of them – the main instigator -, which not only repelled the attack, but ultimately landed him in the hospital and me in jail. However after learning from my mistakes, I insisted waiting at the scene for the police and insisting on pleasing not guilty (despite the advice to plead guilty by – you guessed – another worthless court appointed lawyer). After two weeks of trial, the jury quickly returned a verdict of NOT GUILTY by way of Self Defense.

      Now another 10 years has passed I’m getting older, no longer as strong and nimble as once I was, yet my responsibility to protect my family continues. After putting twenty years between myself and a felony conviction, decided to buy two firearms, 1 for me and a smaller caliber for my wife when I’m not around. Sure as shit, I was just charged two days ago as a “prohibited possessor”; a felony which according to my research carries a sentence of up to 6.5 years prison! My life and future now uncertain, though I have no other charges, as I was not committing a crime* in a traditional sense (other than the act of possesing a firearm) I doubt I’ll get much jail time, but then again ya never know. 1 cnt of possessing a firearm and I’ll be looking at a couple thousand bucks in lawyer fees, the confiscation of my firearm, a fresh felony on record and possibly probation with up to 6.5 years in prison. I hate to say it, but I’m NOT loving my country right now. I cannot believe that after twenty f#%king years – TWO ENTIRE DECADES – of obeying the law paying taxes and loving my country, I was still forced to choose between A) Not owning a gun and praying I never encounter a situation where I need it, or B) Owning a gun for family protection and home security, but praying the police don’t find out.

      Dammed if I do/don’t. In the end, it was the police/gov’t/judicial bureaucracy that got me. I hope this story helps to illustrate the need for reasonable changes to the way our gov’t places egregious restrictions on our rights long long after a person pays their debt. This serves to punish masculinity and reward cowardice. I could have taken the easy way out, but it’s not my nature. I’m a man and I must have the means to protect my family. I cannot live with the thought that a situation could where I would be ill equipped to protect my family from a predatory people.

  15. The law surrounding gun ownership and transportation really is very complex. It is of little wonder that people get confused. It is really good that we have these laws and regulations as there has been growing violence and horrific deaths due to gun crime. What about the laws surrounding the purchasing and ownership of guns? Are any of these laws going to be amended? I think all transportation of firearms should be carried out by specialists.

  16. It seems to me that everything in a compromised capitalistic state/country which has sat idly by as the government/corporate interests have murdered children but I, a person convicted of a “violent” felony ( a fight where a beer mug that just happen to be in my hand at the time yet haven’t killed any kids, women, men, or overthrown governments or poisoned water, air, food)….oh crap, before I forget where I’m going with all this….

    PEOPLE, when the shit hits the fan you damn well better believe that a lawmaker/profiteer/racketeer is not going to protect your best interests (they are in place to protect other interests and if you haven’t figured that out yet then there’s no rational reason to expect that you’ll consider the fact that maybe someone that has a felony (and yes a violent one at that) MIGHT just be more apt to protect your lame ass kids and that freaky wife of yours (just a passing thought).

    Amen

  17. P.S. Please accept my humble apologies for exercising our “freedom of speech”. Freedom of speech is exactly what a 4year old child would deduce it to mean (but our programming seems to have muddied simple definitions). Freedom of speech is being able to say something that not all would agree with (otherwise there’d be no need for a clause covering why there is to be freedom of speech as one of the laws of the land here).

    Similarly, If we are possessing any semblance of patriotism to the law that we stood on till around the Kennedy murders/coup we should know that when the law of the land that we are to be free to bare arms and furthermore that we are to actually use them when the government commits treasonous or other acts that redifine a constitutional oath of office….no wait, I’m going way off the rails now….what I mean to say is, that if we have a law that is superior to all other laws (federal or state/local) then how is it not treasounous to program the masses to believe the law has somehow changed with the lawmakers whims and pens? If they created a law that made breathing air a felony would that not make us all undefendable on a personal scale? The oath was to protect and uphold the constitution (not the viscerations of it). There was never a mention that a black or a drug user (now who the hell has control over enough ships and planes and control over customs to bring in enough drugs to saturate an entire flipping country anyway?!) or a gay that watched porn or any other clause in that constitutional right….so are we to expect that when a man pays for his crime by a “lawful” sentence that he / she ought to continue paying for that mistake till death?

    I sure wish they’d let me get a passport because the old bible they took out of the schools a couple of decades ago sure is beginning to make sense these days (you know that old book….if you’re my age or older you remember prayer before class commenced and you’d remember the message of thou shalt not kill and thou shalt love your neighbor as yourself and thou shalt not judge and ….. seems to me the non-constitutional interests had to take the bible out of the school to accomplish the greatest heist of all of the world’s history (did you know we are somewhere close to 19 trillion dollars in debt + what our surplus was…all gone). If the state and neo-federal viscerations of the law are correct then is not every enlisted person that has ever killed also a felon? (or is it just okay to kill when it’s financed by a special interest group?).

    double amen.

  18. Hell Yeah,K.H.!!! As they take the rights of certain people. They in their own circles want to keep theirs. If all the conservative felons (do eventually get their voting rights back) .Start to vote for the libs. Then we could all be in the same boat.Or would our constitution once again mean something?

  19. …being a lifelong gun enthusiast and hunter…I now find myself on the other side of the fence… I was charged with a BOGUS felony for a crime that never happened and there was no victim. However, the State in all its overaggressive glory has now robbed me of my rights? So much for being “God given”… Anyways… all you self-righteous felon haters WAKE UP… our govt is hell bent on making a felon out if everyone. And a felony means NOTHING… especially a first time criminal DUH!

    Its time to stop the blatant double standard…and the existence of second class citizens. If you’ve “paid” your debt….its DONE. Unless your a movie star or sports hero or politician….then its second, third and fourth chances and NO permanent label.

    I miss my America…and can’t stand the new USSA Amerikkka police/surveillance state!

  20. This might be a tricky one. My best friend inherited several handguns legally from his dad when he passed. He did not register them in his name, as hr was under the impression that he didn’t have to. I knew someone who was interested in purchasing some of them, so my buddy gave me the 3 handguns to sell to him, and we would split the cash. Unbeknownst to both of us, this moron sold them to drug dealers. The drug dealer was raided, and the guns were confiscated. They were never used in the commission of any crime. But of course the atf traced them back to my best friend. The atf agents went to his house and intimidated him into surrendering ALL of his guns by threatening to lock him up. He told them the honest truth and even named me. They said they already knew I was involved, and proved it by giving information about me. They told him that neither of us would never be able to legally purchase a firearm, and that we were on “the list”. I felt horrible to have put my best friend in this position, so I told him to call the atf agents and that I would take the full blame. He did that, but the atf NEVER once made contact with me. This was 5 years ago, and the drug dealer case has long since been closed. We were not subpoenaed, nor were we involved in the case at all. Neither me or my friend were ever convicted of any crime. I now am considering purchasing a handgun legally. Will I be turned down during the background check as they said, or were they bluffing? Did they illegally confiscate my friend’s legal guns through intimidation? Is he on “the list”? He was afraid, and surrendered 11 legal guns. Again, neither of us were convicted of any crime. Can we pass the background check, or can the atf actually have blocked us just because we were under investigation? Again, the case is closed. I want to legally purchase a Glock 30. And I would love to be able to tell my friend that he is able to rebuild his collection. I hope someone has a definitive answer. Thank you in advance!

  21. This whole thing is messed up. I sometime think the purpose is to make more criminals. When you have more criminals, you can suppress their rights.

    By the way I think felons can get passports, but if you are under parole or probation things will of course be different. http://www.uspassporthelpguide.com/getting-a-passport-for-convicted-felon/ this says that convicted felon shouldn’t have trouble getting passports unless the crime was for international drug trafficking, so it depends on the offense.

    Some state also specifically ban felons from possessing even antique guns, but some states like Texas only bans felons from having a gun for 5 years (after which he may have it in his own home), but Federal law is stricter. There is another case of where Federal law is stricter than state law, like medical marijuana or states like WA and CO allowing recreational marijuana use. I really have no idea how this works but it could depend on how the state handle it. If say you had regular gun/ammunition in Texas in your own home, after having a 20 year old conviction, and the state won’t prosecute and leave it at that, then you’re trouble free. But if the Federal government was extra vigilant in prosecution and picks it up, then you’re in trouble. But if those guns were antique guns (how to know? If you bought it at a gun shop and you had to sign a form 4473, then it’s a firearm, if the store just gives it to you after paying, then it’s antique), then there’s nothing Texas would be able to do to you, and the Feds wouldn’t be able to pick it up (but they may try!!)

    I personally they should redefine what a felony is, like the EU only considers a crime serious when the sentence is more than 3 years, same thing with the UK. Maybe felony should be redefined to mean 3 or more years of ACTUAL prison sentence.

  22. CAN A FELON IN CALIFORNIA POSSESS EITHER A NON FIRING REPLICA OF A MODERN FIREARM OR ONE THAT FIRES 8MM BLANKS BUT CANNOT BE MADE TO FIRE REAL AMMO AND ALSO CAN HE POSSESS 8MM BLANKS?

  23. On the Local Texas News the other night I was watching it was a headline that under certain imprisonment felony convictions none aggravated or any type of gun charge we might be able to regain or constitutional rights to hunt and legally posses a rifle to provide for their families if need be. Is this True under a 2015 federal and state laws in The Stat of Texas ?

  24. 20 years ago I was assaulted by 3 male peers. I was 18yo. 1 of my assailants repeatedly punched while the other 2 held me, when I saw and felt the glass bottle as it glanced off my scull, I instinctively reached for the knife I had in my pocket. I guess you can argue the bottle is a “weapon” and raised the stakes, compelling me to grab my knife and even the odds, lest I be bludgeoned, long-story-short, I cut the the “bottle guy”, their attack fizzled and I frantically ran from the scene (big mistake that made me look guilty). I was picked up an hour later and charged with: felony assault, a violent crime to which I naively plead guilty on the advice of a worthless court appointed attorney. At 18, I had no idea 20 years later I’d still be regretting. Yes I grew up, Yes I got a job, quit smoking, got married, started a family and Yes I did all of these things and more. NO none of it matters. That I kept my nose clean for 20+ years and counting counts for nothing. Sure I had bumps along the way, but no crimes. Life is full of hardship, after all. For example 10 years ago, while working two jobs to pay for a small rundown apartment (before I had a family), I unfortunately lived directly next door to a crackhouse. One night 2 African American youths intent on causing trouble, decided to jump the unlucky “white boy” sitting alone the patio. The primary instigator shouted a random string of profanity laced ebonics, and when I did not reply he took a swing. I dodged and counter punched him in the face. I saw him fall to one knee before me, but before I could react, was struck with a baseball bat in the back of my head. When I regained consciousness just a few seconds later, my body was being pummeled with the baseball bat and a lawn chair, which the guy I hit randomly picked up. Luckily the enclosed patio made it cumbersome to fully swing their objects, and once again, as 10 years earlier, I was reaching for my knife, this time stabbing one of them; the main instigator, which not only repelled the attack, but ultimately landed him in the hospital and me in jail. However after learning from my mistakes, I insisted on going to trial (despite the advice of – you guessed – another worthless court appointed lawyer to cop a plea). After two weeks, the jury quickly returned a verdict of NOT GUILTY by way of Self Defense.

    Now another 10 years has passed and as I get older, I’m no longer as strong and nimble as once I was, yet my responsibility to protect my life, family and property continues. After 20 years I decided to buy two firearms, 1 for me and a smaller caliber for my wife when I’m not around. Sure as shit, I was just charged two days ago as a “prohibited possessor”; a felony which according to my research carries a sentence of up to 6.5 years prison! My life and future is now uncertain, though I have no other charges, as I was not committing a crime, per se (other than the act of possesing the gun) I doubt I’ll get much jail time, but then again ya never know. The 1 cnt of possessing a firearm I’ll be looking at a couple thousand bucks in lawyer fees, the confiscation of my gun, a fresh felony on my record and possibly probation with up to 6.5 years in prison. I hate to say it, but I’m NOT loving my country right now. I cannot believe that after twenty f#%king years – TWO ENTIRE DECADES – of obeying the law and paying taxes, I was still forced to choose between A) Not owning a gun and praying I never encounter a situation where I need it, or B) Owning a gun for family protection and home security, but praying the police don’t find out.

    Dammed if I do, dammed if I don’t. In the end, it was the police/gov’t/judicial bureaucracy that got me. I hope this story helps to illustrate the need for reasonable changes to the way our gov’t egregiously restricts constitutional rights long long after a person has served their time.

  25. Does a home owner have the right to use a firearm to protect his family and home if someone should happen to brake into their home if that person is caring a knife or gun in the state of Georgia?

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