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Zoey_ JD
Zoey_ JD, JustAnswer Criminal Law Mentor
Category: Criminal Law
Satisfied Customers: 26404
Experience:  Admitted to NYS Criminal defense bar in 1989. Extensive arraignment, hearing, trial experience.
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Yeah can a convicted felon own a blackpowder percussion

Customer Question

yeah hi, can a convicted felon own a blackpowder percussion riffle, not an inline?
JA: Because laws vary from place to place, can you tell me what state this is in?
Customer: PA
JA: Have you talked to a laywer yet?
Customer: no
JA: Anything else you want the lawyer to know before I connect you?
Customer: no
Submitted: 9 months ago.
Category: Criminal Law
Expert:  Zoey_ JD replied 9 months ago.


I'm Zoey and I'll be assisting you. I'm reviewing your question now. Are you online at this time?

Customer: replied 9 months ago.
Expert:  Zoey_ JD replied 9 months ago.

Unfortunately, I cannot tell you what you most want to hear.

The Federal government exempts certain antique guns and replicas from firearms prohibitions and a felon could possess one if the state allows it. But Pennsylvania's firearm statute does not exempt antique guns. Unlike the Federal law, a black powder gun in Pennsylvania is still considered a firearm and possession of it could get you arrested and charged.

Customer: replied 9 months ago.
exactly, so where do i find this information?
Customer: replied 9 months ago.
you should know right?
Customer: replied 9 months ago.
i mean law offices usually do
Customer: replied 9 months ago.
zoey i know you can find the info i need
Expert:  Zoey_ JD replied 9 months ago.

You find it in your state's definition of a firearm. It's in the Pennsylvania Uniform Firearms Act. Section 6102.

Expert:  Zoey_ JD replied 9 months ago.

Any pistol or revolver with a barrel length less than 15 inches, any shotgun with a barrel length less than 18 inches or any rifle with a barrel length less than 16 inches, or any pistol, revolver, rifle or shotgun with an overall length of less than 26 inches. The barrel length of a firearm shall be determined by measuring from the muzzle of the barrel to the face of the closed action, bolt or cylinder, whichever is applicable.

Expert:  Zoey_ JD replied 9 months ago.

Here's this from the NRA:

“Generally, antique firearms are exempt from Pennsylvania’s Uniform Firearms Act. However, antique firearms are not exempt from the provisions relating to carrying without a license or possession by prohibited persons."

Customer: replied 9 months ago.
i dont understand that last note fron nra
Customer: replied 9 months ago.
what applies then?
Customer: replied 9 months ago.
who is a prohibited person?
Expert:  Zoey_ JD replied 9 months ago.

While Pennsylvania's Firearms Act handles antique firearms differently in some respects than other firearms prohibited persons cannot carry one.

Prohibited persons are convicted felons such as yourself, along with others, such as people with misdemeanor convictions for domestic violence, people who are addicts or alcoholics, and people who have been involuntarily committed to a psychicatric facility.

Customer: replied 9 months ago.
how would i relieve this? i was convicted of a dui causing death 8 years ago.. i just want to hunt deer.
Expert:  Zoey_ JD replied 9 months ago.

To hunt again in Pennsylvania with a firearm, you would need for your conviction to be vacated, or you would need a fuIl pardon by the Governor or you could ask for relief from federal firearms disabilities from the Secretary of the Treasury 10 years after your conviction, excluding any time spent in incarceration.

See 18 Pa. Cons. Stat. 5 6105(d)

You could hunt deer in Pennsylvania with a bow and arrow.

Expert:  Zoey_ JD replied 9 months ago.

Just checking in to see if you need more help or any clarification of my answer. If so, please reply here on this question thread.

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