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LawTalk
LawTalk, Lawyer
Category: Criminal Law
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Experience:  30 years legal experience
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Can a felon own a shotgun muzzleloader? I can't get a clear

Customer Question

Can a felon own a shotgun muzzleloader? I can't get a clear answer. Received a 10 MO sentence, 3 yrs probation but was let off early with no problems the entire time.
JA: Because laws vary from place to place, can you tell me what state this is in?
Customer: NC
JA: Have you talked to a lawyer yet?
Customer: No. My probation officer said it was legal for a muzzleloader, but was also wondering about a shotgun muzzleloader.
JA: Anything else you think the lawyer should know?
Customer: Not that I know of. I'm not sure what you mean.
Submitted: 4 months ago.
Category: Criminal Law
Expert:  LawTalk replied 4 months ago.

Good afternoon,

I'm Doug, and I'm sorry to hear of the confusion. My goal is to provide you with excellent service today.

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 readily available in ordinary channels of commercial trade. 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. See 18 U.S.C. § 921(a)(3), (a)(16).

Likewise, NC exempts antique firearms and muzzle loaders.

G.S. 14-409.11 Page 1 § 14 - 409.11. "Antique firearm" defined.

(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.

(b) For purposes of this section, the term "antique firearm" shall not include any weapon which:

(1) Incorporates a firearm frame or receiver.

(2) Is converted into a muzzle loading weapon.

(3) Is a muzzle loading weapon that can be readily converted to fire fixed ammunition by replacing the barrel, bolt, breechblock, or any combination thereof. (1969, c. 101, s. 2; 2006-259 s. 7(a).)

A Muzzle-loader is a Muzzle-loader, whether it is a rifle, shotgun or a pistol. Yes, a muzzle-loading shotgun is legal.

You may reply back to me using the Reply link and I will be happy to continue to assist you until I am able to address your concerns, to your satisfaction.

I hope that I have been able to fully answer your question. As I am not an employee of JustAnswer, please be so kind as to rate my service to you. That is the only way I am compensated for assisting you. Thank you in advance.

I wish you and yours the best in 2016,

Doug

Customer: replied 4 months ago.
If you can does that include the Knight TK 2000? Just for clarification.
Expert:  LawTalk replied 4 months ago.

Good afternoon,

I am absolutely NOT a weapons expert---despite my military training and 5 decades of collecting firearms. I have never handled a Knight TK 2000 and know nothing about the weapon. You will need to consult with a firearms expert, or maybe the ATF, about whether the Knight TK 2000 falls under the federal exception for antiques and muzzle loaders.

You may reply back to me using the Reply link and I will be happy to continue to assist you until I am able to address your concerns, to your satisfaction.

Please remember to rate my service to you so that I can be compensated for helping you. Thank you in advance.

I wish you and yours the best in 2016,

Doug

Expert:  LawTalk replied 4 months ago.

Good evening,

This seems like a very crucial matter for you, and your questions and issues suggest that an in-depth conversation might best suit your needs. If you are interested, for a very nominal charge I can offer you a private phone conference as opposed to continuing in this question and answer thread which is searchable and viewable by the public.

Please know that I answered your question in good faith, and with the expectation that you would act similarly and rate my service to you. If I have already provided you with the information you asked for and you have no additional questions, would you please now rate my service to you so I can be compensated for assisting you?

Thanks in advance,

Doug