crossbow a firearm?

[rubicon]

Iknow a guy who got a less than honorable military discharge several years ago. He says he cannot own a firearm but owns a compound and a cross bow and hunts legally with these. Is this true?

[jmarriott]

Depends on the state but in indiana it is true.

[gspsonny03]

It's also true in Wyoming. In fact the person that I know also shoots a black powder. I'm not saying that that is legal, but I know that he does. Every thing that he hunts is with bow though.

[fabsroman]

Rubicon,

It is true in Maryland too. The bow, crossbow, and pellet gun are not considered firearms. I don't think the black powder gun is considered a firearm either. Think about it this way, you can mail order all of these weapons and they get shipped right to your door with no FFL involvement.

[VinVega]

As far as I know, you can bowhunt in KY, too, if you are one of those people listed that are unable to purchase firearms. I would have to say that the Black Powder thing would definitely be dancing all over a very fine line, though.

[fabsroman]

Okay, I actually did some research pertaining to Maryland and a muzzleloader is considered a firearm in this state. There is a definition of "Antique Firearm"

(b) "Antique firearm" means:



(1) a firearm, including a firearm with a matchlock, flintlock, percussion cap, or similar ignition system, manufactured before 1899; or

(2) a replica of a firearm described in item (1) of this subsection that:

(i) is not designed or redesigned to use rimfire or conventional centerfire fixed ammunition; or

(ii) uses rimfire or conventional centerfire fixed ammunition that is no longer manufactured in the United States and is not readily available in the ordinary channels of commercial trade.

So, it wouldn't be dancing on a fine line in Maryland, it would actually be breaking the law.

[VinVega]

Well, I checked into the Kentucky Revised Statutes, and found that in Kentucky, a muzzleloader is also considered a firearm, so no dancing on a fine line here, either. I was just saying that it would be that, at the very least. I would imagine that in every state, most likely, a muzzle loading weapon is considered a firearm, but that's only speculation.

Here's Kentucky's definition of a firearm:

KRS 237.060 Definitions for KRS 237.060 to 237.090 and certain other sections
(2) "Firearm" means any weapon which will expel a projectile by the action of an explosive.

So, I guess this even means those neat little guns from Cabela's that shoot BB's by the use of a percussion cap.

[gd357]

I could be mistaken, but perhaps anything considered a "primative weapon" is fair game for those people to use. I know that there's not background check for a muzzleloader so there isn't any way to regulate that.

gd357

[fabsroman]

Wait until the game warden takes your driver's license and runs it through the computer. It will more likely than not show that the person is on Probation or Parole and then it will probably lead to something if the hunter has a muzzleloader in his possession.

The way the law reads, a person cannot have a "firearm" in his possession regardless of whether he owns it or is borrowing it.

[TSadler]

I did not know that a "less than honorable discharge" was the equivolent to a felony. In fact, I even thought that type was ...

oh, wait, I'm thinking "other than honorable". So the scheme of things is (and I'm sure there's enough military people to correct me):

honorable
other than honorable
medical
dishonorable

and it seems to me there is one more.

Any rate, in Texas a cross bow is not considered a firearm for hunting reasons. But, you can only use a cross bow during firearm season, unless you have medical reasons to allow you to use it during archery season.

[DaMadman]

I did not think a DD would prevent a person from owning a firearm either but from what I just read it is part of the 1968 Gun Control Act

Edit to add.

Since the act that prohibits a Dishonorable Discharged person from owning a Firearm is indeed the Gun Control Act of 1968

I would therefore take the train of thought that since niether Crossbows or Blackpowder Firearms are controlled by the said act (Which is the reason that you can mail order either of those weapons) then a person or persons being Dishonorably Discharged would therefore be entitled to own and/or hunt with either or both of those weapons.

How's that for lawyer like thinking Fabs?

[VinVega]

Originally posted by TSadler
I did not know that a "less than honorable discharge" was the equivolent to a felony. In fact, I even thought that type was ...

oh, wait, I'm thinking "other than honorable". So the scheme of things is (and I'm sure there's enough military people to correct me):

honorable
other than honorable
medical
dishonorable

and it seems to me there is one more.

Any rate, in Texas a cross bow is not considered a firearm for hunting reasons. But, you can only use a cross bow during firearm season, unless you have medical reasons to allow you to use it during archery season.

The other is general discharge. Basically reserves that stop showing up can get general discharges, but they do risk the dishonorable discharge, in some cases.

[fabsroman]

DaMadman,

It would depend on whether or not the Federal Act is controlling or State Law is controlling. Last I checked, a Violation of Probation or Violation of Parole was state related unless the offense is a federal offense and you are in a federal penetentiary. So, for most people it would be controlled my the state definition of "firearm." In Maryland, that appears to include muzzleloaders.


The 1968 Act that you refer to is for the sale or transfer of firearms. I am willing to bet that it says absolutely nothing about what constitutes a firearms for VOP reasons, it just merely regulates the sale/transfer of firearms. Remember, federal law is not always controlling.

With all that said, I haven't done all the necessary research to come up with a memorandum opinion and doubt that any client of mine on Probation or Parole would be willing to pay me the thousands of dollars necessary for me to do the research. So, take the above at what its worth, just my opinion, not 100% guaranteed as far as the law goes.

[Pops2]

the discharges are:
honorable
general under honorable conditions
general under less than honorable conditions
bad conduct
dishonorable

medical, hardship etc. are all some version of these and just explain the reason for discharge. usually meds & hardships are general under honorable. admin discharge for say popping + on drugs but the test results would be contestable at court martial as environmental exposure and failure to adapt would usually be general, less than honorable. BCD would be for offenses that merit a court martial but not so bad as to merit dishonorable, say thievery, on going intentional bad checks. you have to be really bad to get the dishonorable.

[rubicon]

found a site that said unlawful to possess, own, carry any thing which expels a projectile which can inflict bodily harm. punishable by not more than ten thousand dollars, no more than two years in jail. dont know how accurate.