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Juliana
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Are muzzleloaders considered firearms in north carolina Is

Resolved Question:

Are muzzleloaders considered firearms in north carolina? Is it illegal for a convicted felon to possess a black powder muzzleloader in north carolina?
Submitted: 5 years ago.
Category: Criminal Law
Expert:  Juliana replied 5 years ago.
Hello,

Section 14-409.11 of the North Carolina General Statutes define an antique firearm as follows:

(a)       The term "antique firearm" means any of the following:

(1)       Any firearm (including any firearm with a matchlock, flintlock, percussion cap, or similar type of ignition system) manufactured on or before 1898.

(2)       Any replica of any firearm described in subdivision (1) of this subsection if the replica is not designed or redesigned for using rimfire or conventional centerfire fixed ammunition.

(3)       Any muzzle loading rifle, muzzle loading shotgun, or muzzle loading pistol, which is designed to use black powder substitute, and which cannot use fixed ammunition.

http://www.ncleg.net/EnactedLegislation/Statutes/HTML/BySection/Chapter_14/GS_14-409.11.html

The relevant provision of Section 14-415.1 of the North Carolina General Statutes (a.k.a. The Felony Firearms Act) states the following:

(a)       It shall be unlawful for any person who has been convicted of a felony to purchase, own, possess, or have in his custody, care, or control any firearm or any weapon of mass death and destruction as defined in G.S. 14-288.8(c). For the purposes of this section, a firearm is (i) any weapon, including a starter gun, which will or is designed to or may readily be converted to expel a projectile by the action of an explosive, or its frame or receiver, or (ii) any firearm muffler or firearm silencer. This section does not apply to an antique firearm, as defined in G.S. 14-409.11.

Every person violating the provisions of this section shall be punished as a Class G felon.

http://www.ncleg.net/EnactedLegislation/Statutes/HTML/BySection/Chapter_14/GS_14-415.1.html

So, under North Carolina law, a black powder muzzleloader is considered an antique firearm, but convicted felons are not prohibited from possessing them.

Hope this helps,
Juliana
Juliana, Lawyer
Category: Criminal Law
Satisfied Customers: 1651
Experience: Former prosecutor with 4 years of experience, criminal justice degree
Juliana and 5 other Criminal Law Specialists are ready to help you
Customer: replied 5 years ago.
thankyou Juliana I think this answers my questions. My only remaining question is about hunting in other states do the rules change state to state or does fedral law over ride state laws allowing travel and hunting with muzzleloaders because they are considered primative weapons.
Expert:  Juliana replied 5 years ago.
Hello,

Under federal law, muzzleloaders are defined as “antique firearms” under 18 U.S.C.§ 921(16)(C), and their possession by convicted felons is not prohibited.

(16) The term “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; or

(B) any replica of any firearm described in subparagraph (A) if such replica—
(i) is not designed or redesigned for using rimfire or conventional centerfire fixed ammunition, or
(ii) uses rimfire or conventional centerfire fixed ammunition which is no longer manufactured in the United States and which is not readily available in the ordinary channels of commercial trade; or

(C) any muzzle loading rifle, muzzle loading shotgun, or muzzle loading pistol, which is designed to use black powder, or a black powder substitute, and which cannot use fixed ammunition. For purposes of this subparagraph, the term “antique firearm” shall not include any weapon which incorporates a firearm frame or receiver, any firearm which is converted into a muzzle loading weapon, or any muzzle loading weapon which can be readily converted to fire fixed ammunition by replacing the barrel, bolt, breechblock, or any combination thereof.

http://www.law.cornell.edu/uscode/html/uscode18/usc_sec_18_00000921----000-.html

Some state laws do prohibit convicted felons from possessing primitive weapons, however. Generally speaking, states are permitted to make their laws more restrictive than federal laws, so if the laws of a particular state prohibit convicted felons from possessing primitive weapons, the state law is controlling.

Hope this helps, and thanks for the "Accept."   Good luck!

Juliana
Juliana, Lawyer
Category: Criminal Law
Satisfied Customers: 1651
Experience: Former prosecutor with 4 years of experience, criminal justice degree
Juliana and 5 other Criminal Law Specialists are ready to help you

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