GUN Felons can't own muzzle loaders, appellate court rules

Discussion in 'On Topic' started by travisdb, Jun 6, 2006.

  1. travisdb

    travisdb What do you wanna do?

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    BOISE -- The Idaho Court of Appeals has ruled that a muzzle loader might be an antique but it is still a firearm, and so it's illegal for a convicted felon to own one.
    The appellate court handed down the ruling last week in the case against Lake Fork resident Larry Verl Dolsby.
    Dolsby is a convicted felon who was arrested for investigation of unlawful possession of a firearm while hunting for elk with a muzzle loader.
    Dolsby had previously been convicted of possession of a controlled substance and unlawful possession of a firearm.
    Dolsby was no longer on probation or parole. He says he believed he was allowed to hunt with the weapon.


    http://www.ktvb.com/news/crime/stories/ktvbn-june0606-muzzle_loaders.5cd680f4.html


    I thought this was interesting....
     
  2. david_4x4

    david_4x4 New Member

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    I don't see how this works with the way the Federal definition of a firearm is.
     
  3. Fire Sauce

    Fire Sauce New Member

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    Felons shouldn't own guns, but I'm sure I'm the only person in this forum who thinks that.
     
  4. travisdb

    travisdb What do you wanna do?

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    I agree Felons shouldn't. I thought this was an intresting new president.
     
  5. 7

    7 First comes smiles, then lies. Last is gunfire.

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    :werd:
     
  6. striker754

    striker754 Chillin

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    :ugh:

    The term “firearm” means
    (A) any weapon (including a starter gun) which will or is designed to or may readily be converted to expel a projectile by the action of an explosive;
     
  7. Soybomb

    Soybomb New Member

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    You should be. How does it differ from concealed carry? Those that want to carry criminally will, those that want to do things legally will. Will it stop felons who want to return to crime from comitting a crime with a gun? No. Will it stop a felon who has served his sentence from defending himself? yes. So whats the point?
     
  8. david_4x4

    david_4x4 New Member

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    Yeah I was thinking Texas' definition of a firearm. My bad

    Sucks to be a felon in Idaho.
     
    Last edited: Jun 7, 2006
  9. striker754

    striker754 Chillin

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    Federal law does have an antique firearm definition, but muzzleloaders are covered under the term "firearm".

    The judge's ruling is backed up seeing that the US Code states:

    It shall be unlawful for any person to sell or otherwise dispose of any firearm or ammunition to any person knowing or having reasonable cause to believe that such person—

    antique and muzzleloader is a type of firearm and cannot be possessed by felons
     
  10. david_4x4

    david_4x4 New Member

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    In Texas the term firearm does not include an antique or curio firearm made before 1899 or a reproduction there of, only if the firearm does not use fixed ammunition.
     
  11. striker754

    striker754 Chillin

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    state definitions don't come into play with regards to felons losing their gun rights.
     
  12. david_4x4

    david_4x4 New Member

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    I don't see why not? I could understand if say you broke the law under a Federal level.
     
  13. striker754

    striker754 Chillin

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    (d) It shall be unlawful for any person to sell or otherwise dispose of any firearm or ammunition to any person knowing or having reasonable cause to believe that such person—
    (1) is under indictment for, or has been convicted in any court of, a crime punishable by imprisonment for a term exceeding one year;

    Its Federal Law, he was convicted/indicted in ANY court. GCA of 68 and the FOPA of 86 control the felon = no guns, not state law.
     
  14. Bigsnake

    Bigsnake OT Supporter

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    But he was released and no longer on probation or parole.

    People shouldn't be released back into the general population unless they are felt to have been rehabilitated. If they are felt to still be a threat, then they should still be in jail.
     
  15. daviid

    daviid cell tower tech

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    and when they are released since they are rehabilitated, they should have all their rights restored
     
  16. striker754

    striker754 Chillin

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    In the perfect world, yes. But the rate of repeat offenders is SO high, they have their rights stripped.
     
  17. Aequitas

    Aequitas If it keeps on raining, levee's going to break.

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    Even if you restore all of their rights the conviction would still follow them, keeping them from getting jobs or getting fired if they lie about it.
     
  18. daviid

    daviid cell tower tech

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    then they should never of been released. just because you fuck up once or twice in life does not mean you will not change your life around.
     
  19. 007

    007 Riden, sliden, whipin and dippin, my chrome strips

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    And i dont think somebody caught with weed or something, doesnt deserve the right to protect there life.
     
  20. Bigsnake

    Bigsnake OT Supporter

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    :werd:

    There are people who do stupid shit when they're young and try to straighten up later in life but still don't have all their rights.

    Keep them in jail or on some strict probation until they demonstrate they have changed. If they don't, then it remains. If they do, then they get their rights back...
     
  21. Bigsnake

    Bigsnake OT Supporter

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    I agree. Would definately have to be a case by case deal.

    Is it the FBI or the ATF that has the department to remove people's firearms ban for non-violent felons but they don't get any funding so it doesn't exist...
     
  22. eWRXshun

    eWRXshun hai

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    i'm with you on this.
     
  23. TwistedMind

    TwistedMind New Member

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    I think it all depends on the Felony. Or it should. Person convicted of Family Violance, armed robbery, Murder, rape etc should not be allowed to own guns ever again.

    Person who got busted for Non Violent crimes should have their Longgun firearm privledges restored once returned to the population. A felon has no reason to own a handgun. Its a highly mobile form of self defense and they just dont need it. I have no problem with them owning shotguns, deer rifles etc.

    Car theft - Non hijacking
    Counterfiting
    DWI's etc.


    EDIT : Flamesuit on
     
  24. Soybomb

    Soybomb New Member

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    Take me up on my challenge then. What makes someone who has paid their debt to society unworthy of the opportunity to defend themselves? Does this law in any way prevent those who wish to return to a life of crime from using a handgun for those crimes? If not doesn't it only hurt the reformed person? I can show cases where it has. Can you cite any where a guy was going to rape, murder, or rob and said "crap...I'm a felon, I can't have this gun, nevermind man."

    It sounds good and warm and fuzzy but I think you have to look at it from the practical point of view and say "you know criminals who want to use guns for crimes use them no matter how many more gun laws I make..." Perhaps the more effective idea would be to increase the punishments for those using firearms in crime to keep them off the streets? Do you really think the guy that was arrested in utah for soliciting a prostitute and charged with a felony deserves to lose any rights? A lot of things are a felony today.
     
    Last edited: Jun 7, 2006
  25. TwistedMind

    TwistedMind New Member

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    Maybe im crazy and there is no sure fire way to regulate felons from owning handguns.
    I have no issue with them owning long guns. You have to remember prison is a punishment. You really shouldnt play if you can't take the consequences of your actions.
     

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