Can a convicted felon own a muzzle loader?

Asked 10/28/2009 under Criminal Defense | 2974 View(s) | More Legal Topics

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A muzzleloader from what I understand is a firearm into which the projectile and propellant charge is loaded. If so, most if not all states, including Kentucky, prohibit a convicted felon from owning a firearm.  Here is the Kentucky law:

527.040 Possession of firearm by convicted felon -- Exceptions.

(1) A person is guilty of possession of a firearm by a convicted felon when he possesses, manufactures, or transports a firearm when he has been convicted of a felony, as defined by the laws of the jurisdiction in which he was convicted, in any state or federal court and has not:

(a) Been granted a full pardon by the Governor or by the President of the United States;

(b) Been granted relief by the United States Secretary of the Treasury pursuant to the Federal Gun Control Act of 1968, as amended.

(2) Possession of a firearm by a convicted felon is a Class D felony unless the firearm possessed is a handgun in which case it is a Class C felony.

(3) The provisions of this section shall apply to any youthful offender convicted of a felony offense under the laws of this Commonwealth. The exceptions contained in KRS 527.100 prohibiting possession of a handgun by a minor shall not apply to this section.

(4) The provisions of this section with respect to handguns, shall apply only to persons convicted after January 1, 1975, and with respect to other firearms, to persons convicted after July 15, 1994.

Felons cannot own guns.  However, an ex-felon can.  An individual can become an ex-felon in one of two ways: having the conviction vacated by a court, or obtaining a pardon from either the governor (state offenses) or the president (federal offenses).  While not an easy or quick thing to accomplish, in some cases it can be done.  At any rate, in either of those circumstances, typically gun ownership rights can be restored. 

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