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Samuel II
Samuel II, Attorney at Law
Category: Criminal Law
Satisfied Customers: 27009
Experience:  Handle criminal matters in both state and federal courts.
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can a convicted felon posess and hunt wild game with a black

Resolved Question:

can a convicted felon posess and hunt wild game with a black powder(muzzle loader) rifle in oregon
Submitted: 7 years ago.
Category: Criminal Law
Expert:  Samuel II replied 7 years ago.

hi

 

it took me awhile, because there is nothing specific about a "muzzleloader" being possessed by a felon - so i needed to locate the definition of "firearm" and the ORS state the following definition under 166.210

 

3) "Firearm" means a weapon, by whatever name known, which is designed to expel a projectile by the action of powder and which is readily capable of use as a weapon."

 

given that definition, coupled with the fact that oregon also denies possession by a felon of any antique firearm - because of how it is defined - my opinion is you cannot hunt with the muzzleloader

 

but my research did reveal that if your rights to hunt have been restored, you can use a muzzleloader in the State of Washington - just an FYI since you are neighbors.

 

FYI - definition of antique firearm, which by Oregon law cannot be possessed by a felon, either -

 

1) "Antique firearm" means:

(a) Any firearm, including any firearm with a matchlock, flintlock, percussion cap or similar type of ignition system, manufactured in or before 1898; and

(b) Any replica of any firearm described in paragraph (a) of this subsection if the replica:

(A) Is not designed or redesigned for using rimfire or conventional centerfire fixed ammunition; or

(B) Uses rimfire or conventional centerfire fixed ammunition that is no longer manufactured in the United States and that is not readily available in the ordinary channels of commercial trade.

 

 

Customer: replied 7 years ago.
I read somewhere that a blackpowder gun is not readily capable as a weapon because you have to load powder, ball and cap seperatly
Expert:  Samuel II replied 7 years ago.

hi

 

well that might fall under the federal definition - but see state laws can supersede federal law if they are more strict. and by oregon's definition, i would say the ML is illegal for a felon - but you can always check with the department of fish and wildlife and they would have that information for certain - i tried thier website and could find no online information - but here is the contact information(NNN) NNN-NNNNor

Toll Free: (800) 720-ODFW

 

 

there are a few states that prohibit the muzzle loader and it is based on the definition of a firearm within the statutes. and they are usually the same states that prohibit the possession of an antique, too. that is why i looked in every possible place to make sure i would not provide you wrong information - saying yes, you can - when you cannot - and, based on the definition as i provided, my opinion is no, you can't. i could be wrong. check with DFW and if i am right come back and accept the answer. if i am wrong come back and tell me, so i know for future reference. hows that?

 

 

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