Felon hunter didn't break Florida gun laws
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And the rifle in question was equipped with a modern scope, of a type that was clearly distinguishable from scopes available pre-1918.
This is a good ruling, although it is only "constitutional law"
Because of the vagueness doctrine.
If the Florida legislature wanted to rewrite the law to ban black powder firearms that were anything above and beyond faithful replicas of pre-WWI antiques, they could to do so .
This is a good ruling, although it is only "constitutional law"
Because of the vagueness doctrine.
If the Florida legislature wanted to rewrite the law to ban black powder firearms that were anything above and beyond faithful replicas of pre-WWI antiques, they could to do so .
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But the FL law doesn't address the scope, only the weapon. Yes, it's a good ruling.
Felon Hunter's Lives Matter :lol:
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I don't have the time or inclination to research this topic as to federal law or Georgia's law, but it does raise some interesting questions:
1-- Can you buy a modern inline-ignition muzzle loader that uses magnum shotshell primers (instead of percussion caps), with a synthetic stock, stainless steel barrel and action, and topped with a laser-range-finding scope and still call that a "replica" of a pre-1898 antique weapon?
No Form 4473, no background check. Just buy it for cash, anonymously, no questions asked, at any sporting goods store?
2-- If the answer to the above is yes, that black powder muzzle stuffer is not a "firearm" under federal law, then can you cut the barrel down to 14" on it and put a red dot optic on it for a close-quarters "in the brush" hunting gun or home defense gun? (Without involving the NFA or paying $200 for a stamp)?
3-- Can you buy a muzzle-loading double barrel shotgun (if they even make such a thing) and cut the barrels down to 12" for home defense, without needing to comply with the NFA or pay a $200 tax?
4-- ATF says a felon can own an "antique" gun, including a modern replica of an antique muzzle-loading black powder weapon. But will ATF still view the modern gun as a "replica" if it's a heavily modified version, with a different kind of stock (thumb hole or pistol grip, maybe? How about a side-folding stock?), different sights (let's say an Aimpoint red dot sight), and a barrel length of only 18" (which is HALF the barrel of what most traditional black powder rifles had, back in the day).
5-- Can a GEORGIA convicted felon (or first offender probationer) have a muzzle-loading replica of an antique or a real 118+ year old antique? (I think NOT, because unlike federal law, Georgia's law on felons with guns has its own broad definition of "firearm" which basically says anything that uses fire to shoot a projectile, and there's no exception for antique guns or their replicas.) (See Code section 16-11-131(a)).
1-- Can you buy a modern inline-ignition muzzle loader that uses magnum shotshell primers (instead of percussion caps), with a synthetic stock, stainless steel barrel and action, and topped with a laser-range-finding scope and still call that a "replica" of a pre-1898 antique weapon?
No Form 4473, no background check. Just buy it for cash, anonymously, no questions asked, at any sporting goods store?
2-- If the answer to the above is yes, that black powder muzzle stuffer is not a "firearm" under federal law, then can you cut the barrel down to 14" on it and put a red dot optic on it for a close-quarters "in the brush" hunting gun or home defense gun? (Without involving the NFA or paying $200 for a stamp)?
3-- Can you buy a muzzle-loading double barrel shotgun (if they even make such a thing) and cut the barrels down to 12" for home defense, without needing to comply with the NFA or pay a $200 tax?
4-- ATF says a felon can own an "antique" gun, including a modern replica of an antique muzzle-loading black powder weapon. But will ATF still view the modern gun as a "replica" if it's a heavily modified version, with a different kind of stock (thumb hole or pistol grip, maybe? How about a side-folding stock?), different sights (let's say an Aimpoint red dot sight), and a barrel length of only 18" (which is HALF the barrel of what most traditional black powder rifles had, back in the day).
5-- Can a GEORGIA convicted felon (or first offender probationer) have a muzzle-loading replica of an antique or a real 118+ year old antique? (I think NOT, because unlike federal law, Georgia's law on felons with guns has its own broad definition of "firearm" which basically says anything that uses fire to shoot a projectile, and there's no exception for antique guns or their replicas.) (See Code section 16-11-131(a)).
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Why would the felon even bother to go to all that trouble when he still ends up with a single shot firearm? I'm sure he could find better alternatives and still be under the radar.
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legal
Maybe the hunter, though a felon and former prisoner who is now free, would like to LEGALLY hunt?
With a legal gun.
And not have to hide from the game warden.
And not have to worry about being pulled over for a minor traffic violation while he's got his hunting rifle in a case laying across the back seat.
Not all "felons" are actively looking for murder weapons to commit more felonies.
Maybe the hunter, though a felon and former prisoner who is now free, would like to LEGALLY hunt?
With a legal gun.
And not have to hide from the game warden.
And not have to worry about being pulled over for a minor traffic violation while he's got his hunting rifle in a case laying across the back seat.
Not all "felons" are actively looking for murder weapons to commit more felonies.
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I looked a the Federal law the other day and I am not sure he didn't violate it. While the Federal Law doesn't count muzzle loaders as firearms(Including cap and ball revolvers), it does not exclude powder, primers and bullets. Now while both the powder and bullets are designed for use in muzzle loaders their use is not exclusive to non cartridge arms. The modern inline muzzle loaders can use shotgun primers and if I were a felon I wouldn't want to get caught with them. Mine does have the option of using musket caps instead by changing the breach block.
Most of the felons I have met that hunt, use a bow. That may be because like GS said GA law is broader on the definition of a firearm.
Gun law in this country have never made any sense. You can't buy a revolver through the mail, but you can buy a cap and ball revolver(original or replica) and have it mailed to your house and you can buy a conversion cylinder and have it mailed to your house and you haven't broken any laws unless you are a prohibited person. The founding fathers saw the danger of this nonsense and that is why its says "Shall not be infringed"
Most of the felons I have met that hunt, use a bow. That may be because like GS said GA law is broader on the definition of a firearm.
Gun law in this country have never made any sense. You can't buy a revolver through the mail, but you can buy a cap and ball revolver(original or replica) and have it mailed to your house and you can buy a conversion cylinder and have it mailed to your house and you haven't broken any laws unless you are a prohibited person. The founding fathers saw the danger of this nonsense and that is why its says "Shall not be infringed"
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Would include even a rifle made in the late 1700s.
AND futuristic magnetic rail guns . . .
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You're the one who brought up the modifications! :lol: I'm all for full rights restorations for any ex-felon who wants to reintegrate into society.
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This!! If they have paid their debt and are deemed safe enough to walk the streets among the non-felons, they should be in the clear.
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