I just don’t know…

Bluehair

Bluehair

Long Time Member
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Well, I was going to make some clever jokes but can’t think of anything that isn’t in poor taste.:(

The sentence of 90 days, 100 hours community service, and $500 seems extremely light. Poachers pay more restitution. I would prefer that this ******* NEVER be in the woods with me during ML season.:mad:

Hey LEO’s, does a muzzy count as a firearm under the felony definition?

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A muzzleloader does not require a 4473 to be filled out, you can also have one shipped directly to your residence without having to go through any sort of FFL dealer
 
I was curious about this as well so I just asked a CO warden the same thing - he said no muzzys if you have a felony conviction.
 
Straight from the ATF

Any muzzle-loading rifle, shotgun, or pistol made to use black powder or black powder substitute and which cannot use fixed ammunition is considered to be an antique firearm.


That is an essential difference. So-called antique guns are not the same as those in common use today.

This is unless it incorporates a firearm frame or receiver, is a firearm which has been converted into a muzzleloader, or is a muzzle-loading weapon that can be changed to fire fixed ammunition by replacing the barrel, bolt, or breech lock.

There are muzzle-loading guns that are not considered to be an antique because it uses the frame or receiver of a firearm.


Technically then this type of muzzle-loading firearm is considered to be an antique firearm and not a firearm which felons are banned from owning.

This is the case whether the gun was manufactured many years ago or just recently.

Since felons are banned from owning a regular firearm, they are also prohibited from possessing the ammunition for such a gun.

However, since it is black powder instead of bullets or cartridges, felons are allowed to have this type of ammunition as long as they have less than 50 pounds of black powder.
 
Yeah, but it seems like there didn’t used to be as many felons - especially not with bleached instagram teeth. Time to update the definition. Nothing that goes bang.
 
My buddy ( a MT game warden) asked a boss during his interview process years ago about muzzy hunting in MT, he was an army guy in Co with me. The MT boss laughed because MT didn’t have a specific muzzy season, it’s just what the felons use during rifle season
 
ORIONTHEHUNTER said:
Straight from the ATF

Any muzzle-loading rifle, shotgun, or pistol made to use black powder or black powder substitute and which cannot use fixed ammunition is considered to be an antique firearm.


That is an essential difference. So-called antique guns are not the same as those in common use today.

This is unless it incorporates a firearm frame or receiver, is a firearm which has been converted into a muzzleloader, or is a muzzle-loading weapon that can be changed to fire fixed ammunition by replacing the barrel, bolt, or breech lock.

There are muzzle-loading guns that are not considered to be an antique because it uses the frame or receiver of a firearm.


Technically then this type of muzzle-loading firearm is considered to be an antique firearm and not a firearm which felons are banned from owning.

This is the case whether the gun was manufactured many years ago or just recently.

Since felons are banned from owning a regular firearm, they are also prohibited from possessing the ammunition for such a gun.

However, since it is black powder instead of bullets or cartridges, felons are allowed to have this type of ammunition as long as they have less than 50 pounds of black powder.
Click to expand...
In Colorado you can still be charged with “possession of weapon by previous offender”

ATF is obviously a federal agency as Colorado has its own laws. So yes you could purchase one as it doesn’t require a background check, but can’t legally posses it in Colorado.

Not saying many cops would actually charge that, but they could and it’s a class 6 felony.
 
ORIONTHEHUNTER said:
A muzzleloader and a bow can be used by felons state law does not trump federal law.
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I mean the OP asked a question and I gave an answer. I personally have charged that crime with a felon possessing a muzzleloader and got a conviction in court. The Sheriff of any county is the highest authority in that respective county. Federal and state laws are totally different and can be charged differently or even the same. Technically you could be charged twice for the same crime in federal and state court. One doesn’t necessarily trump the other.
 
That makes no sense. If you can federally own a muzzleloader or bow local law enforcement has no authority to confiscate or charge that person unless they were used to commit a crime. A muzzleloader is not categorized as a firearm, therefore there are no restrictions on its ownership in regards to having a felony. There are exceptions like a TC encore.
 
ORIONTHEHUNTER said:
That makes no sense. If you can federally own a muzzleloader or bow local law enforcement has no authority to confiscate or charge that person unless they were used to commit a crime. A muzzleloader is not categorized as a firearm, therefore there are no restrictions on its ownership in regards to having a felony. There are exceptions like a TC encore.
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This is taken directly out of 18-1-901 which is the definition of a firearm per Colorado statute

Firearm" means any handgun, automatic, revolver, pistol, rifle, shotgun, or other instrument or device capable or intended to be capable of discharging bullets, cartridges, or other explosive charges.

Not saying local cops are gonna knock on your door, not you specifically, looking for felons with a muzzleloader. But I assure you it can be charged if one is possessing one while doing something shady. And like I said state a federal law are very different. No different then the million pot shops being able to sell weed in Colorado when it’s still federally illegal
 
ORIONTHEHUNTER said:
A muzzleloader and a bow can be used by felons state law does not trump federal law.
Click to expand...
From what I gather that depends on what kind of felony it is. If it's a violent felony or a a felony with firearms involved you can't have anything with a trigger mechanism
 
At least in Colorado it does not matter what kind of felony it is. Just a conviction on your record is what counts. Like I said it’s really rare for a felon to get jammed up possessing a MZ but that’s what the law says. Getting a DA to try and convict anything is a different story these days lol
 
This would have been more fun if blueballs hadn't been so prudent at the start.....
 
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ORIONTHEHUNTER said:
That makes no sense. If you can federally own a muzzleloader or bow local law enforcement has no authority to confiscate or charge that person unless they were used to commit a crime. A muzzleloader is not categorized as a firearm, therefore there are no restrictions on its ownership in regards to having a felony. There are exceptions like a TC encore.
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You sound like a felon who has a couple bows and muzzys…..
 
Yep because felons can get their kids class III suppressors for their rifles.

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Well, the sentence seems like a slap on the wrist to me. This dude will be back out there killing people again in no time.(n)

Hey, anyone know if you can still apply for points while you’re on probation?:ROFLMAO:

:mad:
 
What you should really be lobbying for is just a ban on out of state hunters. Come on Colorado set the trend for the rest of us to follow! I’m pretty sure a “bringing fire arm across state lines” issue will still rile up liberals enough to get them to vote on something like that. Remember ole Kyle? That was a big deal
 
Well,

Muzzleloaders don’t count but some due (my arrowhead muzzleloader required FFL) and they can’t have modern primers (no 209 primers or LMR primers used in some ignition systems). They also can’t use any bullets made for pistol or rifle. Those components are ammunition and felons can’t have ammunition.
 
“I thought we established that all muzzleloaders are off limits to felons in CO. Have you been reading the thread?”
diablo said:
State law can be more restrictive - and in this case it is. I believe UT is the same way.
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I simply making an observation about muzzleloaders and felons...If this is only about CO muzzleloaders then why did you feel the need to bring UT into your post....?

I have seen felons go to prison for many years for simply possessing ammo. Even if a state allows a person to hunt with a muzzleloader, and most muzzleloaders are not firearms, felons are still banded from possessing many types of muzzleloader ammo.
 
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Bottom line is that this guy is going to have to live with this the rest of his life with what he did. He should've been banned from hunting anywhere ever again. The law is unjust in alot of cases. I saw the other day where a guy got 10 years for manslaughter and another one got 20 for armed robbery.
 
WW is correct. A felon can not possess a bow or ML under CO law.

A few years back, there was a push, in the Legislature, to allow felons to hunt w/bows, and it died.

As a side point, Mark Furman moved to Idaho so he could hunt w/a bow.
 

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