Black Powder Guns for Felons: What the Law Allows and Prohibits
Explore how federal and state laws impact felons' access to black powder firearms, including legal nuances and potential paths to restoration.
Black powder guns, often viewed as historical artifacts, occupy a complex legal space, particularly for individuals with felony convictions. While federal laws clearly regulate modern firearms, the rules surrounding these older-style weapons are less straightforward, creating uncertainty about who can legally own them.
Misinterpreting these regulations can lead to severe criminal penalties. For those with felony records considering ownership of such weapons, understanding the legal boundaries is crucial.
Federal Statutes on Black Powder Guns
The primary federal law governing firearms is the Gun Control Act of 1968 (GCA). Its definition of a “firearm” is key to understanding the status of black powder guns. Generally, the GCA defines a firearm as a weapon designed to expel a projectile using an explosive, including its frame or receiver.
However, Title 18, Section 921(a)(3) of the United States Code explicitly excludes “antique firearms” from this definition.1U.S. House of Representatives Office of the Law Revision Counsel. 18 USC § 921: Definitions This means weapons classified solely as antiques under federal law are exempt from many GCA regulations, such as those concerning interstate sales or record-keeping by licensed dealers.
Section 921(a)(16) defines an “antique firearm.”2Legal Information Institute (Cornell Law School). Definition: Antique Firearm From 18 USC § 921(a)(16) It includes firearms made in or before 1898 using ignition systems like matchlock, flintlock, or percussion cap. Replicas of these pre-1899 firearms also qualify if they are not designed to use readily available modern ammunition (rimfire or centerfire cartridges) or use ammunition no longer manufactured and commercially available.
A significant category covers certain muzzleloading weapons, regardless of when they were made. Section 921(a)(16)(C) classifies muzzleloading rifles, shotguns, or pistols as antique if they use black powder (or a substitute) and cannot fire fixed ammunition like modern cartridges. This exemption does not apply to muzzleloaders built on modern frames or receivers, converted from modern firearms, or easily convertible to fire fixed ammunition. Consequently, many traditional muzzleloaders, loaded through the barrel, are treated as antique firearms under federal law, distinct from modern firearms regulated by the GCA.
State-Level Regulations
While federal law generally exempts “antique firearms,” state laws introduce further complexity. States can enact their own firearm regulations that may differ significantly from federal statutes, especially regarding black powder guns. An individual’s right to possess such a weapon, particularly with a felony conviction, often depends on the specific laws of their state.
State definitions of “firearm” vary widely. Some states mirror the federal GCA, excluding antique firearms and potentially allowing possession by individuals otherwise prohibited under state law.
Other states adopt broader definitions, encompassing any weapon firing a projectile via explosion, without an explicit exemption for antiques or muzzleloaders. In these states, even a pre-1899 style muzzleloader could be considered a “firearm,” making its possession illegal for felons under state law, irrespective of its federal status. Some jurisdictions may also regulate muzzleloaders based on ignition type or convertibility.
The legality of possessing a black powder gun for someone with a felony conviction is therefore inconsistent nationwide. Individuals must consult the laws of the state where they reside or intend to possess the weapon to determine if antique or muzzleloading firearms fall under state prohibitions. State legislative codes or the state Attorney General’s office can provide guidance on these specific regulations.
Prohibited Persons Criteria
Federal law identifies categories of individuals barred from possessing firearms under the Gun Control Act of 1968, specifically Title 18, Section 922(g) of the United States Code.3Bureau of Alcohol, Tobacco, Firearms and Explosives. Identify Prohibited Persons This statute determines who is considered a “prohibited person,” which can include restrictions on possessing black powder guns if they meet the legal definition of a “firearm” under the relevant law. The most common category involves individuals convicted of a crime punishable by imprisonment for more than one year, typically encompassing felony offenses.
The potential sentence length—over one year—triggers the prohibition, not the actual time served. However, Section 921(a)(20) excludes certain business-related offenses (like antitrust violations) and state misdemeanors punishable by two years or less. The law of the jurisdiction where the conviction occurred determines its classification.
Section 922(g) also prohibits firearm possession by several other groups:
Fugitives from justice (those fleeing prosecution or court appearances).
Unlawful users of or individuals addicted to controlled substances.
Individuals adjudicated as mentally defective or committed to a mental institution through formal proceedings.
Aliens residing in the U.S. illegally or unlawfully, or those admitted under nonimmigrant visas (with exceptions).
Individuals dishonorably discharged from the Armed Forces.
Former U.S. citizens who have renounced their citizenship.
Persons subject to certain court orders restraining them from harassing, stalking, or threatening an intimate partner or child, if the order followed a hearing and contains specific findings.
Individuals convicted of a misdemeanor crime of domestic violence (under Section 922(g)(9)).
Additionally, Section 922(n) prohibits anyone under indictment for a crime punishable by more than one year in prison from receiving firearms or ammunition, though they may keep firearms lawfully owned before the indictment until the case concludes. These federal criteria define who cannot legally possess firearms subject to GCA regulations.
Penalties for Illegal Possession
If a prohibited individual possesses a black powder gun classified as a “firearm” under applicable federal or state law, they face serious legal consequences, including potentially lengthy prison sentences and substantial fines.
Under federal law (Title 18, Section 924), illegal possession by a prohibited person, such as someone with a qualifying felony conviction under Section 922(g), generally carries a maximum sentence of 15 years in prison, following recent legislative changes. Fines can reach up to $250,000. Actual sentences are often determined using the United States Sentencing Guidelines, considering the defendant’s criminal history and offense details.
Federal law includes enhancements that can significantly increase prison time. The Armed Career Criminal Act (ACCA), found in Section 924(e), mandates a minimum 15-year sentence for individuals convicted under Section 922(g) who have three prior convictions for “violent felonies” (like burglary, arson, extortion, or crimes involving force) or “serious drug offenses” (typically punishable by ten years or more).
State laws also impose penalties for unlawful firearm possession by felons, which vary considerably. States may classify this offense as a specific felony degree with its own sentencing range. Penalties can range from a few years to over a decade, sometimes with mandatory minimums, especially if the prior conviction was violent. State charges can be filed alongside or instead of federal charges, potentially leading to prosecution in both systems for the same act. The specific penalties depend on the laws of the state where the possession occurred.
Rights Restoration Procedures
Individuals seeking to regain firearm rights lost due to a felony conviction, including the right to possess black powder guns if classified as firearms, must navigate specific legal processes. These pathways primarily exist at the state level, though federal options are limited.
Federally, Title 18, Section 925(c) allows prohibited individuals to apply to the U.S. Attorney General for relief. Relief may be granted if the applicant is deemed unlikely to pose a danger and restoration serves the public interest. However, since 1992, Congress has blocked funding for the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) to process these applications.4Bureau of Alcohol, Tobacco, Firearms and Explosives. NFA Handbook – Chapter 15: Relief From Disabilities This effectively suspended the individual application process for decades. While recent administrative efforts aim to potentially revive this under the Department of Justice, its practical availability is uncertain. For those with federal felony convictions, the main path to restoring federal firearm rights remains a Presidential Pardon, a rare form of clemency requiring a detailed application.5U.S. Department of Justice. Office of the Pardon Attorney | Frequently Asked Questions
Restoration of firearm rights most often occurs through state procedures for state felony convictions. State laws differ but commonly offer methods like:
Expungement or Sealing: Legally erasing or hiding the conviction record, which can nullify its effect for firearm prohibition.
Setting Aside a Conviction: A similar process available in some states.
Certificate of Rehabilitation or Court Order: Requires petitioning a court, demonstrating law-abiding behavior post-sentence, meeting waiting periods, and proving rehabilitation. Eligibility often depends on the crime, with violent offenses frequently excluded.
Gubernatorial Pardon: An act of forgiveness by the state’s governor. Depending on state law and the pardon’s wording, it may restore civil rights, including firearm rights, sometimes requiring explicit mention.
Crucially, for a state restoration (expungement, court order, or pardon) to also lift the federal firearm ban stemming from that state conviction, the restoration must be complete regarding firearm rights. Federal law (Section 921(a)(20)) states a conviction doesn’t count for federal prohibition if rights have been restored, unless the restoration itself prohibits firearm possession.6Legal Information Institute (Cornell Law School). 18 U.S. Code § 921 – Definitions A full state restoration generally satisfies this federal requirement for that specific conviction, allowing legal firearm possession, potentially including black powder guns if defined as firearms in that jurisdiction.
