Felon muzzle loader ownership

["J"]

Can a person living in Ohio who has a felony conviction own and hunt with a muzzle loader?

I say yes a buddy said no that it has changed.....

Googled it and everything I read says yes they can....

 

[Milo]

It's only for FFL related items

 

["J"]

It's only for FFL related items

That was my take as well, but he said it all changed like 4 years ago.... Nothing too back it up though....

Can Ohio trump federal law?

 

[Milo]

No ohio cannot trump federal. Federal is generally less strict

 

[dante322]

Muzzys are considered primitive weapons, no paperwork involved. No background check.

 

["J"]

No ohio cannot trump federal. Federal is generally less strict

That's what I thought.... Thanks for reinforcing it.....

 

[Bowhunter57]

That was my take as well, but he said it all changed like 4 years ago.... Nothing too back it up though....

Can Ohio trump federal law?

Where is he getting his information that it changed four years ago? Why not last year or six years ago? That statement means nothing without supporting information.

The State of Ohio can set a higher standard than the Federal Law, but nothing less.
Example: Federal Waterfowl Regulations allow for 2 geese per day, as a Daily Limit, during the regular season. The State of Ohio could allow only 1 goose per day as a Daily Limit...if they wanted to do so, but not exceed 2 per day, because that's the Federal Regulation.

IF and only IF the State of Ohio would impose a regulation for Felons to NOT own non-FFL regulated weapons, is where this would happen. It would have to be written/posted within the ORC Ohio Revised Code or OAC Ohio Administrative Code.
Here it is...knock yourself out, but it's not in there. :smiley_bril:
http://codes.ohio.gov/orc/

Bowhunter57

 

["J"]

Yeah looked all over and never saw anything other than attorney's opinions about it....

Fed law and state law on regulates the FFL weapons....

So he owes me lunch lol.... Thanks guys....

 

[MK111]

No felons can not have control of a muzzleloader as it's a dangerous weapon.
I know a friend back home who has a 20 yr. old felon conviction that's trying to be able to get a ML so he can go hunting. His Attorney says it's a Federal law and probably be OK and Ohio probably won't come after you. But the State could come after him if the State wanted to. The Local Prosecutor still wants revenge to settle the score.
It has to do with the dangerous weapon clause.
A bow is OK so he's getting a bow or crossbow.

 

[dante322]

No felons can not have control of a muzzleloader as it's a dangerous weapon.
I know a friend back home who has a 20 yr. old felon conviction that's trying to be able to get a ML so he can go hunting. His Attorney says it's a Federal law and probably be OK and Ohio probably won't come after you. But the State could come after him if the State wanted to. The Local Prosecutor still wants revenge to settle the score.
It has to do with the dangerous weapon clause.
A bow is OK so he's getting a bow or crossbow.

i bet he could walk into walmart and buy a muzzy, no questions asked. A bow is just as dangerous as a gun IMO

 

[MK111]

i bet he could walk into walmart and buy a muzzy, no questions asked. A bow is just as dangerous as a gun IMO

Oh I agree. The problem is getting caught with the ML and being charged for having a dangerous instrument under his control. Not pretty.
A bow or crossbow is not covered under the Ohio law.

 

[xbowguy]

OK. Sorta been through this a little and here is what I was told: Muzzy is a firearm. Definition of a firearm is a device used to propel a projectile by use of an explosion or dynamic force. Felons may hunt with a bow or crossbow, but nothing else. However..... A one time opportunity you may petition the courts and ask for your hunting rights reinstated. If denied, you are done for life. If they are granted to you and you screw it up, you are done for life as well.
People argue that Muzzy's are a primitive weapon. But it is still a firearm legally.

 

[MK111]

OK. Sorta been through this a little and here is what I was told: Muzzy is a firearm. Definition of a firearm is a device used to propel a projectile by use of an explosion or dynamic force. Felons may hunt with a bow or crossbow, but nothing else. However..... A one time opportunity you may petition the courts and ask for your hunting rights reinstated. If denied, you are done for life. If they are granted to you and you screw it up, you are done for life as well.
People argue that Muzzy's are a primitive weapon. But it is still a firearm legally.

Agree. He applied and was denied but he didn't tell me about the one time chance. Bummer for him.

 

[xbowguy]

A good Attorney will tell you this as well: If your crime was a non-violent felony, you will have a better chance of getting your gun rights back. Several years of good behavior will help. Proof of any good deeds such as volunteer work, classes, promotions ect ect will help as well.