Supreme Court Says Muzzleloaders are Legally Firearms

[Jim Sr]

Supreme Court Says Muzzleloaders are Legally Firearms
The ruling comes in an appeal by a convicted felon who says he thought he was allowed to own a black powder rifle.
Such rifles are excluded from the federal definition of firearms.

Title 26 of the 1968-GCA classifies any pre-1898 flintlock or percussion-cap as an antique, not a "firearm".Page 63 of 365

"The term "firearm" shall not include an antique firearm or any device (other than a machinegun or destructive device) which, although designed as a weapon, the Secretary finds by reason of the date of its manufacture, value, design, and other characteristics is primarily a collector's item and is not likely to be used as a weapon.

More activist judges legislating from the bench.

 

[K31]

What can you say? It just shows you how F'd up the Supremes are when you find yourself siding with a convicted felon.

Gotta stop all those drive-by flintlockings!

I wonder how anyone passes a Poly Sci course now days. If you had a question about what the purpose of the Supreme Court was and gave them the right answer, you'd still be wrong.

 

[novus collectus]

I am sorry, but on the surface this seems like it is the correct call. States can restrict their felons from using firearms, or any weapon or from possesing them all they want as far as I'm concerned.

As I understand it, the definition of what a firearm is in the GCA deals with interstate transfer, transfer by a dealer. The NFA deals with the taxation of interstate commerce of class III and I think the stricter definition it uses for what is excluded as an antique only applies to machine guns now (after a decision about SBS, SBRs and such). Neither affects the states' definitions of what a firearm is.

For instance, in Maryland it is also illegal for a felon to have firarms of all types in their possesion because I believe they are specifically prevented from having even a fake gun that looks real. It does not mean that any of the firearms laws in Maryland for non-felons is any different though. Even with this ruling, a blackpowder revolver in MD is still not a handgun by state law, but because of other state law it is still a weapon like a knife (it cannot be carried onto school property because it is still a weapon for example).

 

[K31]

Looking into the story more it apperas it was the Wyoming, not the U.S. Supreme Court, who made this ruling.

 

[Spot77]

You mean this happened in free America? That judge will be out of a job soon.


Just curious....I wonder how many crimes have been proven with a lack powder gun.


2? 3? in 50 years?