Legal Question in Criminal Law in Virginia

hunt with a muzzleloader

i have a class 5 felony. Can I hunt with a muzzleloader? Can I hunt and camp with others who are hunting with rifles if I hunt with a bow or a muzzleloader?


Asked on 10/26/08, 10:48 am

1 Answer from Attorneys

Michael Hendrickson Law Office Michael E. Hendrickson

Re: hunt with a muzzleloader

Virginia statute 18.2-308.2A embodies the general prohibition applicable to persons convicted of felonies from possessing or transporting firearms within the Commonwealth.

However, subsection 18.2-308.2C. of this statute clarifies that any felon who first receives a restoration of rights from either the governor or the Secretary of the Commonnwealth may then petition his local circuit court for a permit to own, possess, or transport a firearm.

The foregoing notwithstanding, however, even if one receives such a permit, it would apparently be effective only with respect to muzzleloaders(blackpowder weapons) which are considered antique firearms under the Federal Gun Control Act and are excepted under this Act, but the general prohibition under federal law that is applicable to the possession or transportation of regular modern firearms for convicted felons would still continue to apply to this Virginia permit holder who would be legally limited under federal law to the blackpowder variety(of firearms)only.

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Answered on 10/26/08, 11:46 pm


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