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Thread: Non violent felony open carry bill

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    I don't see where it says they can open carry. Its a hunting permit, just like the old days felons could own a rifle or shotgun for hunting and SD in most states. They still can't own a handgun.

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    It would also still be a violation of federal law for a felon to possess a firearm at all (or ammunition for that matter) regardless of any state issued permit to the contrary.

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    Landric wrote:
    It would also still be a violation of federal law for a felon to possess a firearm at all (or ammunition for that matter) regardless of any state issued permit to the contrary.
    Only if they were convicted in a federal court, then they can't have the ATF remove their name from the list because funding for the program was cut by congress over 20 years ago. State convicted felons fall under state jurisdiction.

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    Pagan wrote:
    Landric wrote:
    It would also still be a violation of federal law for a felon to possess a firearm at all (or ammunition for that matter) regardless of any state issued permit to the contrary.
    Only if they were convicted in a federal court, then they can't have the ATF remove their name from the list because funding for the program was cut by congress over 20 years ago. State convicted felons fall under state jurisdiction.
    But its still against federal law for them to possess a firearm. Project Exile was used quite successfully in Richmond, VA to prosecute felons convicted of state felonies in federal court for possessing firearms.

    If the state issuing permits to felons, then obviously they are not in violation of state law if acting within the scope of the permit. The feds can still choose to prosecute, though its unlikely without a request to do so from the state.



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    I have been through this process. I know what I'm talking about. First you get either clemency or a pardon from the governor, then you petition a circuit court in your jurisdiction to have your 2A rights restored. Atleast in Va. that is how it works.

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    Pagan wrote:
    I have been through this process. I know what I'm talking about. First you get either clemency or a pardon from the governor, then you petition a circuit court in your jurisdiction to have your 2A rights restored. Atleast in Va. that is how it works.
    I'm not disagreeing with you under that set of circumstances. However, in the case of this bill there is no requirement that the person in question be pardoned by the governor. People who obtain these permits would still be convicted felons as far as both the state and the federal government are concerned. The state would allow them to possess long guns under state law under limited circumstances, but that would not bar prosecution at the federal level.

    Its much the same in states that allow prescriptions for medical marijuana. There is no state offense if one has a valid prescription, but its still a federal crime to possess marijuana and one could be prosecuted for it.

    Absence a request from the state the feds probably wouldn't prosecute, but that doesn't mean they couldn't. Someone who has been pardoned is a totally separate case.


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    My apologies,I should have read the bill first, I was only responding to your post. Does NC consider black powder guns as firearms? The fed does not, and it may sound silly to carry one, but in a defensive situation, a 44 caliber BP gun is a serious piece of gear.

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    Pagan wrote:
    My apologies,I should have read the bill first, I was only responding to your post. Does NC consider black powder guns as firearms? The fed does not, and it may sound silly to carry one, but in a defensive situation, a 44 caliber BP gun is a serious piece of gear.
    I'd have to research the law to be sure, but my gun feeling is no. I haven't ever run into a case where a convicted felon had a black powder firearm and I had an interest in charging him, so I haven't taken the time to find out for sure. Since they can be purchased without any paperwork, I suspect they are not considered firearms in NC (but they would still be considered weapons) and therefore couldn't be carried concealed.

    The .44 cal BP revolver has a long history, I wouldn't laugh at it as a defensive weapon even if I wouldn't choose it myself.


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    Virginia still considers BP guns firearms, I checked into it before my 2A rights got restored.

    Quite a few wars and battles have been won with those guns though, I want to buy one just so I can OC in D.C if we ever get an event up there.

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    It does say this:

    (b) The sheriff shall deny a permit to an applicant who:
    49 (1) Is ineligible to carry a firearm under the provisions of federal or State law.
    .

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    Pagan wrote:
    Virginia still considers BP guns firearms, I checked into it before my 2A rights got restored.

    Quite a few wars and battles have been won with those guns though, I want to buy one just so I can OC in D.C if we ever get an event up there.
    People OC in DC??

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    Pagan wrote:
    My apologies,I should have read the bill first, I was only responding to your post. Does NC consider black powder guns as firearms? The fed does not, and it may sound silly to carry one, but in a defensive situation, a 44 caliber BP gun is a serious piece of gear.
    NC still considers them firearms, but they're considered "antique" firearms. Felons are allowed to own antique firearms.

    § 14‑409.11. "Antique firearm" defined.
    (a) The term "antique firearm" means any of the following:
    (1) Any firearm (including any firearm with a matchlock, flintlock, percussion cap, or similar type of ignition system) manufactured on or before 1898.
    (2) Any replica of any firearm described in subdivision (1) of this subsection if the replica is not designed or redesigned for using rimfire or conventional centerfire fixed ammunition.
    (3) Any muzzle loading rifle, muzzle loading shotgun, or muzzle loading pistol, which is designed to use black powder substitute, and which cannot use fixed ammunition.

    § 14‑415.1. Possession of firearms, etc., by felon prohibited.
    (a) It shall be unlawful for any person who has been convicted of a felony to purchase, own, possess, or have in his custody, care, or control any firearm or any weapon of mass death and destruction as defined in G.S. 14‑288.8(c). For the purposes of this section, a firearm is (i) 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, or its frame or receiver, or (ii) any firearm muffler or firearm silencer. This section does not apply to an antique firearm, as defined in G.S. 14‑409.11.


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