Under U.S. law, if a person is a convicted felon, that person is prohibited from possessing any firearm. However, many people wonder whether this prohibition extends to black powder weapons. In this article, we will address exactly this issue.
Historically, when the Second Amendment was written, the firearms used in the country were black powder weapons. Therefore, these were the weapons the Founding Fathers had in mind. However, both firearm technology and gun laws have changed significantly since that era. Thus, the following question arises today:
Does the current ban on felons possessing firearms cover antique-style black powder weapons?
What does Federal Law say?
Federal law defines a firearm as “any weapon designed to or which may be readily converted to expel a projectile by the action of an explosive.” However, antique firearms are excluded from this definition.
In 18 USC 921(a)(16), an antique firearm is defined as follows:
- Any firearm manufactured in or before 1898 utilizing a matchlock, flintlock, percussion cap, or similar type of ignition system.
- Replicas of these firearms, provided they are not designed to use modern (rimfire or centerfire) fixed ammunition.
- Muzzleloading rifles, pistols, and shotguns that do not use fixed ammunition and operate using black powder or a substitute.
However, it is not considered an antique firearm, and a felon cannot possess it, if:
- The weapon incorporates a modern frame or receiver,
- It has been converted from a modern firearm,
- It can be converted into a weapon that fires fixed ammunition with a simple exchange of parts (barrel, bolt, etc.).
In short; if the weapon can be easily converted into a rifle/pistol that fires modern ammunition, it is no longer “antique” and cannot be possessed by felons.
What does Florida Law say?
In Florida, the definition of “antique firearm” is slightly broader. According to this:
- Firearms manufactured in or before 1918,
- Replicas of firearms from this date,
- Old weapons using fixed ammunition that is no longer manufactured and not readily available in ordinary channels of commercial trade.
According to this definition, convicted felons in Florida may possess authentic black powder weapons from before 1918 and their replicas.
However, there is an important exception here:
If this antique weapon is used in the commission of a crime, under Florida law, it is no longer considered antique and is treated as a standard firearm. This means severe penalties.
Also, another point to consider is:
- The replica weapon must use the antique ignition system defined in the law,
- It must not be modernized or modified to use fixed ammunition.
The difference between Florida and Federal Law
- Federal law: 1898 and prior
- Florida law: 1918 and prior
To comply with both laws simultaneously:
- The weapon must have been manufactured in or before 1898, or
- It must be a replica of a weapon from that date.
If you live outside Florida
Each state has a different legal structure. Therefore, convicted felons living outside of Florida need to check the laws of their specific state before possessing a black powder weapon.