Is a blackpowder weapon considered a "firearm?"

[spencer60]

Yup, if it uses a self contained cartridge and drives a projectile with an explosion it's considered a 'firearm' at the federal level. No self contained cartridge but an explosion, or no explosion (say, compressed air) and it isn't, at the federal level at least.

 

[StuP]

States control that. In Georgia, a felon can not own a BP weapon. Air rifle is ok.

https://law.justia.com/codes/georgia/2010/title-16/chapter-11/article-4/part-3/16-11-131/

O.C.G.A. 16-11-131 (2010)
16-11-131. Possession of firearms by convicted felons and first offender probationers


(a) As used in this Code section, the term:

(1) "Felony" means any offense punishable by imprisonment for a term of one year or more and includes conviction by a court-martial under the Uniform Code of Military Justice for an offense which would constitute a felony under the laws of the United States.

(2) "Firearm" includes any handgun, rifle, shotgun, or other weapon which will or can be converted to expel a projectile by the action of an explosive or electrical charge.

What's interesting here is that I don't believe either smokeless powder or pyrodex are technically "explosives", blackpowder is.

 

[rOmiLaYu]

Food for thought...

I walk into the Floyd County Courthouse, enter the metal detector staging area, place my loaded Colt New Army .44 replica in the tub, have it scanned, will I then be able to re-holster it and take it into the courtroom?

I'll take a wild guess and say no.

I completely agree with you....but my cognitive dissonance comes from the "why" question. It's utterly silly...but it's where we are.

And @hikingthehills was poking fun at me, but I think this drives to a "spirit" vs. "letter" of the law conversation. By letter of the law, no, it's not a firearm...but I think the LE community are going to enforce the spirit of the law. Which is right?

 

[Stuckon22]

BP is a firearm by definition in Ga but not a firearm by federal definition. Ambiguity? Yes.....

 

[Don231s]

I completely agree with you....but my cognitive dissonance comes from the "why" question. It's utterly silly...but it's where we are.

And @hikingthehills was poking fun at me, but I think this drives to a "spirit" vs. "letter" of the law conversation. By letter of the law, no, it's not a firearm...but I think the LE community are going to enforce the spirit of the law. Which is right?

It's not a silly question by any ODT standard.

"Which is right?" as in right vs. wrong, will render subjective answers. If the question is actually Which is legal?, it would depend on the courts. I don't know of a ruling related to this issue. Is there one? If not, the most pragmatic solution to the question might be for one to act as if until the conflicting statutes are reconciled. I just know that I don't want to be the test case.

 

[rOmiLaYu]

...the most pragmatic solution to the question might be for one to act as if until the conflicting statutes are reconciled. I just know that I don't want to be the test case.

Nor do I, brother...nor do I.

 

[handloader]

I completely agree with you....but my cognitive dissonance comes from the "why" question. It's utterly silly...but it's where we are.

And @hikingthehills was poking fun at me, but I think this drives to a "spirit" vs. "letter" of the law conversation. By letter of the law, no, it's not a firearm...but I think the LE community are going to enforce the spirit of the law. Which is right?

Both are prohibited in that environment as they should be. No one in their right mind wants gangbangers to have knives and clubs in a trial. You wouldn't be allowed to bring bricks, ball bats, or garden tools,in either.

 

[StuP]

No one in their right mind wants gangbangers to have knives and clubs

But, strangely, some think as soon as they've completed their 'slap on the wrist' 3 year sentence for a felony, they should be able to buy a firearm without question.

 

[handloader]

But, strangely, some think as soon as they've completed their 'slap on the wrist' 3 year sentence for a felony, they should be able to buy a firearm without question.

There are a few here of the soverign citizen/ nut job mindset. I sure wouldn't sell them a gun.

 

[GeauxLSU]

But, strangely, some think as soon as they've completed their 'slap on the wrist' 3 year sentence for a felony, they should be able to buy a firearm without question.

So what you're saying is, it's a "sensible gun law" that prevents "gun violence"?