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Cowgirl Lawyer
Cowgirl Lawyer, Lawyer
Category: Criminal Law
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Experience:  Attorney for 22 years, criminal defense, from misdemeanors to murder, trials and appeals.
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I have had my felony expunged but still cannot own a modern

Customer Question

I have had my felony expunged but still cannot own a modern firearm. What this leads me to is a black powder weapon for target practice and even home defense. What I have found so far is that I can have just about anything that is a muzzle loader. My more specific question is the muzzle loading cap and ball pistols of around the civil war era. Am I allowed to have those. I understand that the important thing to remember is that these weapons do not have cartridge based load capabilities. What I am looking for is legal to own status for muzzle loading civil war era cap and ball pistols and modern muzzle loading rifles.
Submitted: 5 years ago.
Category: Criminal Law
Expert:  Nate replied 5 years ago.
Thank you for your question.

Is there something other than your previous felony conviction that has kept you from owning a firearm, such as a domestic violence conviction?

Let me know, and I will be happy to follow up with you.

Nathan Moore
Customer: replied 5 years ago.
Besides the expunged felony? No priors before the felony.
Expert:  Nate replied 5 years ago.
If the felony has been completely expunged, your rights to own a firearm are completely restored under both state and federal law.

18 U.S.C. §921(a)(20) provides:

What constitutes a conviction of such a crime shall be determined in accordance with the law of the jurisdiction in which the proceedings were held. Any conviction which has been expunged, or set aside or for which a person has been pardoned or has had civil rights restored shall not be considered a conviction for purposes of this chapter, unless such pardon, expungement, or restoration of civil rights expressly [or implicitly as a matter of state law] provides that the person may not ship, transport, possess, or receive firearms.

From what information you have provided, there is no reason you cannot own any otherwise legal firearm unless your expungement explicitly makes it clear you cannot possess a firearm.

Let me know if there is more to it than what is in your question in follow-ups. If there isn't, I think you are in good shape. Be sure to click ACCEPT so that I can get credit for this answer. As always, if you have additional questions after clicking ACCEPT, I will be glad to follow up with you.

Thanks!
Nathan Moore
Customer: replied 5 years ago.
This is what I have from the courthouse asa per expungement:

ction Date Action Text Disposition Hearing Type
12/15/2008 8:00 AM DEPT. SCLRK HEARING ON MOTION PURSUANT TO 1203.4/1203.4(A) PENAL CODE. VACATED
09/23/2008 APPLICATION AND ORDER FOR RELIEF PURSUANT TO PENALCODE 1203.4/1203.4A FILED.
09/23/2008 8:30 AM DEPT. S301 HEARING ON MOTION PURSUANT TO 1203.4/1203.4(A) PENAL CODE. DISPOSED
Minutes
HONORABLE MARK E. PETERSEN PRESIDING.
COURTROOM ASSISTANT: KP-K. PALEO
DEFENDANT IS NOT PRESENT.
COURT HAS READ/CONSIDERED EX-PARTE CORRESPONDENCE SUBMITTED BY PVT-PHILIP PUTMAN RE 17B PC. COURT DENIES REQUEST.
COURT HAS READ/CONSIDERED EX-PARTE CORRESPONDENCE SUBMITTED BY PVT-PHILIP PUTMAN RE: 1203.4 PC. THE COURT HEREBY GRANTS SAID REQUEST.
1203.4(A) / 1203.4 PC MOTION GRANTED. PLEA OF GUILTY/CONVICTION SET ASIDE. PLEA OF NOT GUILTY ENTERED. CASE ORDERED DISMISSED.
DEFENDANT RELEASED.
HEARING ON 12/15/2008 AT 8:00 FOR 1203 IS VACATED.

Does this help to clarify?
Expert:  Nate replied 5 years ago.
Okay. That does clarify things - a resultant dismissal from a 1203.4 PC motion does not allow you to use a firearm (if the 17B PC relief had been granted, the result would be different).

I am going to opt out so that another expert can help you with this question.

Thanks,
Nathan Moore
Customer: replied 5 years ago.
The use of a firearm is pusant to all modern rimfire weapons but excludes non-cartridge muzzle loading firearms. Civilwar era etc..
Customer: replied 5 years ago.
The use of a firearm is pursuant to all modern rimfire weapons but excludes non-cartridge muzzle loading firearms. Civilwar era etc.. I am just checking on the legality of the muzzle loading cap and ball pistols of that era.
Expert:  Cowgirl Lawyer replied 5 years ago.
HelloCustomer

Weapons produced prior to 1898, and replicas thereof, are exempt under federal law. Therefore, Civil War era firearms are exempt.

I will be happy to clarify my answer if you need me to do so, or give you further explanation if you don't understand. If not, please click ACCEPT to pay Just Answer and me for helping you. Your positive feedback wins me points and costs you but a moment of time. A "bonus" awards me for an especially good job.

Next time you visit Just Answer, please ask for me by name by starting your question with "For Gloria M."

Good luck and best wishes!

Gloria M

Please be aware that my answer is not legal advice, it is merely informational and educational. Fees I receive for answering questions are paid for information, not legal advice. This forum is designed to provide only general information, to give you a basis of knowledge. You and I have not entered into an attorney/client relationship, and I am not responsible for your legal rights. The only way for us to be in an attorney/client relationship is if you have signed a written retainer agreement with my law firm, and I am only licensed to practice law in Illinois. You should consult with legal counsel in your area for specific information relevant to your situation.

Customer: replied 5 years ago.
For clarification this also includes the 1898 blackpowder pistols?
Expert:  Cowgirl Lawyer replied 5 years ago.
HelloCustomer

The federal definition of antique firearms, pursuant to Title 18 USC, Section 921 (a)(16), states in part: "any firearm (including any firearm with a matchlock, flintlock, percussion cap, or similar type of ignition system) manufactured in or before 1898."

I hope that clarifies the issue for you!

I will be happy to clarify my answer if you need me to do so, or give you further explanation if you don't understand. If not, please click ACCEPT to pay Just Answer and me for helping you. Your positive feedback wins me points and costs you but a moment of time. A "bonus" awards me for an especially good job.

Next time you visit Just Answer, please ask for me by name by starting your question with "For Gloria M."

Good luck and best wishes!

Gloria M

Please be aware that my answer is not legal advice, it is merely informational and educational. Fees I receive for answering questions are paid for information, not legal advice. This forum is designed to provide only general information, to give you a basis of knowledge. You and I have not entered into an attorney/client relationship, and I am not responsible for your legal rights. The only way for us to be in an attorney/client relationship is if you have signed a written retainer agreement with my law firm, and I am only licensed to practice law in Illinois. You should consult with legal counsel in your area for specific information relevant to your situation.

Cowgirl Lawyer, Lawyer
Category: Criminal Law
Satisfied Customers: 1422
Experience: Attorney for 22 years, criminal defense, from misdemeanors to murder, trials and appeals.
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Attorney for 22 years, criminal defense, from misdemeanors to murder, trials and appeals.