Whats the law on felon's and muzzleloaders?

[kurt68]

From TPWD:

Possession of firearms by felons: A convicted felon, regardless of where the conviction occurred, may not possess or use a firearm (as defined by Penal Code, §46.01) to hunt in this state. Under Penal Code, §46.01, a muzzleloading firearm is lawful if it is an antique or curio firearm manufactured before 1899 or a replica of an antique or curio firearm manufactured before 1899 that does not use rimfire or centerfire ammunition.

http://www.tpwd.state.tx.us/publications/annual/hunt/means/

So can a felon go buy a Thompson off the shelf at Gander Mountain and legally hunt deer with it? Or does it have to be made before 1899?

[oneforthewall]

You could probably get away with purchasing a TC Triumph as muzzleloader sales are not subject to the 4473 form or NICS background check. An Encore would be as it has the capability to shoot cenerfire and rimfire ammo. As far a legality of ownership you will be limited to the old style hawken rifles. That is the way I read it.

[mossyhorn]

A felon can not have a rile , pistol or shot gun

[BTLowry]

I think black powder / muzzle loaders are OK per the law but I think it comes down to a decision by the parole/probation officer in each case

There was a post on here before about a guy not being allowed to even hunt with a bow by his supervising officer for a period of time

If I was a convicted felon I would be getting WRITTEN permission from someone before I took a chance of going to prison for being in possesion of any type of firearm/weapon

[k9trainer]

It says right there it has to be manufactured before or be a replica of one manufactured before 1899, didn't realize TC were replicas

[k9trainer]

A felon can not have a rile , pistol or shot gun

Outside his residence

[Txjourneyman]

I asked my local GW. I had to because of a mistake I made during my mis-spent youth. He told me an inline will get me in prison. I have to use a sidelock. Percussion or flintlock are the only legal options. That is only for Texas. some states don't allow any BP guns, and there are some that don't even allow bowhunting for convicted felons.

[trailboss]

A felon can not have a rile , pistol or shot gun

He/she can inside his/her residence after 5 years.

Trailboss

[CaptJack]

had a friend who went through this
in the end it was up to the judge that sentenced his probation, after his felony
the judge told him no black powder
but he was allowed to bowhunt

[DWI Lawyer]

It has to be a replica of one manufactured before 1899. So the modern muzzleloaders would be illegal for a felon to posess.

[Mike]

See below, Here is a story regarding this topic just last week here in Orange. The Feds went after the weapons charge as there were no drugs present. Her original Felony was back in 1995 so that was 14 years ago. I have never heard of the "after 5 year clause".

A 50-year-old Orange woman has pleaded guilty to firearms violations in the Eastern District of Texas. SHIRLEY ANNETTE McMILLAN pleaded guilty to being a felon in possession of a firearm Friday before U.S. District Judge Earl S. Hines. According to information presented in court, on Feb. 27, 2009, law enforcement officers responded to a report that McMillan was selling prescription drugs from her home on Tulane Road. McMillan consented to a search of her residence by Orange County Constable Robert Strause, during which Strause recovered a loaded pistol hidden underneath a pillow. Further investigation revealed that McMillan had previously been convicted of assault with a deadly weapon in 1995 in Orange County, Texas, and as a convicted felon is prohibited by federal law from owning or possessing firearms or ammunition. A federal grand jury returned an indictment on Apr. 15, 2009, charging McMillan with federal firearms violations. McMillan faces up to 10 years in federal prison at sentencing. A sentencing date has not been set. This case is being investigated by the Orange County Constable's Office and the Bureau of Alcohol, Tobacco, Firearms, and Explosives and prosecuted by Assistant U.S. Attorney Antonetta Stancu.

A local car dealership owner, also in in the gun market was the one caught in Mexico with a few loose .22 and 30.06 shells in his Suburban several years back and after the "prisoner exchange" he was granted 6 months to sell or distribute his inventory and personal collection of weapons and ammo. He was held to Mexican law and classified as a Felon in the states. He is/was a very avid hunter and still does with a Muzzeloader. If it would have been 5 years, he would have just given them all away to relatives/friends in a trust and then recouped them after the period lapsed.

He had a big South Texas ranch that he owned as well so that would have qualified him to be in possession on hus personal property.

[Olphart]

The above posting by Mike is regarding federal law.

Here is the Texas Penal Code law on this subject, along with the definition of a "firearm" and exclusion.

Sec. 46.04. UNLAWFUL POSSESSION OF FIREARM. (a) A person who has been convicted of a felony commits an offense if he possesses a firearm:
(1) after conviction and before the fifth anniversary of the person's release from confinement following conviction of the felony or the person's release from supervision under community supervision, parole, or mandatory supervision, whichever date is later; or
(2) after the period described by Subdivision (1), at any location other than the premises at which the person lives.
(b) A person who has been convicted of an offense under Section 22.01, punishable as a Class A misdemeanor and involving a member of the person's family or household, commits an offense if the person possesses a firearm before the fifth anniversary of the later of:
(1) the date of the person's release from confinement following conviction of the misdemeanor; or
(2) the date of the person's release from community supervision following conviction of the misdemeanor.
(c) A person, other than a peace officer, as defined by Section 1.07, actively engaged in employment as a sworn, full-time paid employee of a state agency or political subdivision, who is subject to an order issued under Section 6.504 or Chapter 85, Family Code, under Article 17.292 or Chapter 7A, Code of Criminal Procedure, or by another jurisdiction as provided by Chapter 88, Family Code, commits an offense if the person possesses a firearm after receiving notice of the order and before expiration of the order.
(d) In this section, "family," "household," and "member of a household" have the meanings assigned by Chapter 71, Family Code.
(e) An offense under Subsection (a) is a felony of the third degree. An offense under Subsection (b) or (c) is a Class A misdemeanor.

Acts 1973, 63rd Leg., p. 883, ch. 399, Sec. 1, eff. Jan. 1, 1974. Renumbered from Penal Code Sec. 46.05 and amended by Acts 1993, 73rd Leg., ch. 900, Sec. 1.01, eff. Sept. 1, 1994. Amended by Acts 2001, 77th Leg., ch. 23, Sec. 2, eff. Sept. 1, 2001; Acts 2003, 78th Leg., ch. 836, Sec. 4, eff. Sept. 1, 2003.


(3) "Firearm" means any device designed, made, or adapted to expel a projectile through a barrel by using the energy generated by an explosion or burning substance or any device readily convertible to that use. Firearm does not include a firearm that may have, as an integral part, a folding knife blade or other characteristics of weapons made illegal by this chapter and that is:
(A) an antique or curio firearm manufactured before 1899; or
(B) a replica of an antique or curio firearm manufactured before 1899, but only if the replica does not use rim fire or center fire ammunition.

[Tommyh]

Sow Bows and arrows sound legal according to that definition

[El Coyote]

what about after it is expunged from your record?

[ekhunter]

He/she can inside his/her residence after 5 years.

Trailboss

federal law overrides that. my brother is an fbi agent and he called the us attourney in tarrant county, because i a am felon.