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Zoey_ JD
Zoey_ JD, JustAnswer Criminal Law Mentor
Category: Criminal Law
Satisfied Customers: 26850
Experience:  Admitted to NYS Criminal defense bar in 1989. Extensive arraignment, hearing, trial experience.
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Can a felon in the state of kansas legally own and use blackpowder

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Can a felon in the state of kansas legally own and use blackpowder to hunt? I hesitate to use the terms "gun" or "firearm" per federal definition.
Submitted: 5 years ago.
Category: Criminal Law
Expert:  Zoey_ JD replied 5 years ago.
Hello Jacustomer,

While the Federal firearm definition specifically excludes certain antique guns and their replicas, thereby making it legal under Federal law for a felon to hunt with a black powder gun, a state can be more restrictive than the federal government if it wishes. The state of Kansas' firearm definition comes from caselaw and reads that a firearm is an object that has the “design or capacity to propel a projectile by force of an explosion, gas or other combustion,” There is no exclusion for antique guns.

Given that, I think it would likely be risky to hunt with black powder in Kansas. I'd be inclined to err on the side of caution, if I were you.
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