Felons and Firearms

View · by **steve4102** on Tue Jan 28, 2014 11:57 am

A friend of mine recently plead guilty to 3rd Degree Burglary, Felony.

He is no longer allowed to own firearms and hunt with firearms, I know. What about Muzzle Loaders? Classification of ML is kinda gray and his Probation Officer said he could still Deer hunt with a Muzzle loader, maybe, not sure.

What is the situation, can he still use a ML to hunt with in MN or not?

View · by **photogpat** on Tue Jan 28, 2014 12:10 pm

He should consult an attorney.

EDIT: Email Marc Berris, http://www.berrislaw.com/

View · by **Ron Burgundy** on Tue Jan 28, 2014 12:39 pm

.....this should get interesting.....

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View · by **photogpat** on Tue Jan 28, 2014 12:43 pm

Ron Burgundy wrote:.....this should get interesting.....

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View · by **cobb** on Tue Jan 28, 2014 12:43 pm

photogpat wrote:He should consult an attorney.

The best answer is above.

I would say no because Minnesota defines a firearm that a projectile is propelled by an explosive charge which a muzzleloader does.
So a muzzleloader is defined as a firearm under that definition and a felon cannot be in possession of a firearm.

Back in 2006 John Fleming was charged in Ramsey County with unlawful possession of a firearm which was a BB gun. The appellate court's defined a firearm is "any gun from which a shot or a projectile is discharged by means of explosive, gas or compressed air." Fleming is accused of carrying a black metal BB gun that discharges a pellet by means of a CO2 cartridge. Don't remember how this case turned out, but your buddy needs to consult a good attorney.

View · by **optimusglen** on Tue Jan 28, 2014 12:55 pm

Maybe he can take up bow hunting...

View · by **mmcnx2** on Tue Jan 28, 2014 1:34 pm

Or maybe he can just go away....

Sorry I have no sympathy for felons. Especially people doing burglary...kinda why many of us are so concerned about carry rights and home protection.

He should consider himself lucky and take his punishments and loss of rights, had he tried that in most of these forum members homes he may not even be here.

Just saying.

View · by **LarryP** on Tue Jan 28, 2014 4:08 pm

I agree 100%

mmcnx2 wrote:Or maybe he can just go away....

Sorry I have no sympathy for felons. Especially people doing burglary...kinda why many of us are so concerned about carry rights and home protection.

He should consider himself lucky and take his punishments and loss of rights, had he tried that in most of these forum members homes he may not even be here.

Just saying.

View · by **westhope** on Tue Jan 28, 2014 4:19 pm

I know some felons that do deer hunt with muzzleloaders.

Again, best advice, consult an attorney.

View · by **qualcorp** on Tue Jan 28, 2014 4:22 pm

steve4102 wrote:A friend of mine recently plead guilty to 3rd Degree Burglary, Felony.

He is no longer allowed to own firearms and hunt with firearms, I know. What about Muzzle Loaders? Classification of ML is kinda gray and his Probation Officer said he could still Deer hunt with a Muzzle loader, maybe, not sure.

What is the situation, can he still use a ML to hunt with in MN or not?

Trick Question right? If not you should think about who you refer to as ‘your friends’ more carefully, breaking into someone’s home OR business is a very personal attack. Honor among thieves… HA come on man!

View · by **LePetomane** on Tue Jan 28, 2014 4:34 pm

mmcnx2 wrote:Or maybe he can just go away....

Sorry I have no sympathy for felons. Especially people doing burglary...kinda why many of us are so concerned about carry rights and home protection.

He should consider himself lucky and take his punishments and loss of rights, had he tried that in most of these forum members homes he may not even be here.

Just saying.

My thoughts, too.

View · by **steve4102** on Tue Jan 28, 2014 5:18 pm

Without going into details, it was an incident with his ex-wife and his ex-property.

View · by **loose** on Tue Jan 28, 2014 6:16 pm

mmcnx2 wrote:Or maybe he can just go away....

Sorry I have no sympathy for thieves. Especially people doing burglary...kinda why many of us are so concerned about carry rights and home protection.

He should consider himself lucky and take his punishments and loss of rights, had he tried that in most of these forum members homes he may not even be here.

Just saying.

Now I agree 100%

View · by **crbutler** on Tue Jan 28, 2014 7:46 pm

Actually he should have the info.

Where I work, I have seen a lot of the post prison paperwork.

Its clearly written in there that a muzzleloader is considered a firearm for purposes of MN law and its possession is forbidden by the ex felon unless they have had their civil rights restored.

In essence, a muzzleloader or a antique firearm are not considered firearms for the purposes of regulation regarding their transfer- but they are weapons as far as the law is concerned.

As to how the restoration of civil rights is handled, that I would ask an attorney.

So basically, assume no until he has a letter from the court.

View · by **ericinmn1970** on Wed Jan 29, 2014 2:23 pm

steve4102 wrote:Without going into details, it was an incident with his ex-wife and his ex-property.

And this excuses your friend violating the law how? "Ex-wife and Ex-property" sounds to me like he went somewhere he knew he didn't belong, and took something he had no legal right to, rather than be bothered with handling the issue through legal channels, or just cutting his losses. Even without any details, it now sounds like your friend stepped on his own dick, got caught, but wants a pass.