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Can a felon in nc own a black powder gun? like a 1800's revolver?

Greenville, NC |

sorry for all the can a felon own questions, but was wondering if a felon could own black powder antique fire arms,is there a process to go through? could a felon own a black powder revolver?

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Attorney answers 3


Federal law prohibits the possession of a firearm or ammunition by anyone who has been convicted of a crime that is punishable by more than one year of imprisonment, with very limited exceptions for certain offenses (18 USC Section 922(g)(1)). However, an "antique firearm" is not prohibited (18 USC Section 921(a)(3)(D)), and the definition of "antique firearm" is found in 18 USC Section 921(a)(16). I recommend that you obtain a formal opinion by an attorney who is familiar with the weapon and the federal statues before you possess the weapon, and of course, this answer does not consider NC law, only federal.

Joshua Sabert Lowther, Esq.


I agree with the prior lawyer and would only add that an antique gun must be an antique as described the law the prior lawyer cited. What I mean is that there are many replica guns out there that look like antique weapons. Often times companies make replicas of old guns that are working black powder guns. That can get you in trouble with the law. Check with a lawyer in your area about NC law to see if such a gun is a violation.



okay so what you're saying is i cant have a working black powder gun? like a i cant have a rifle and hunt with it?i was under the impression that i could own a replica as long as it was a replica of a pre 1898. i've also heard that i could own the gun but not the ammo,what a mess these laws can be.


There are also state disqualifications. S.C. Code Ann. § 16-23-30 applies to "handguns," not just firearms, but only applies to certain felonies:
S.C. Code Ann. § 16-23-30 (2011)

§ 16-23-30. Sale or delivery of handgun to and possession by certain persons unlawful; stolen handguns.

(A) It is unlawful for a person to knowingly sell, offer to sell, deliver, lease, rent, barter, exchange, or transport for sale into this State any handgun to:

(1) a person who has been convicted of a crime of violence in any court of the United States, the several states, commonwealths, territories, possessions, or the District of Columbia or who is a fugitive from justice or a habitual drunkard or a drug addict or who has been adjudicated mentally incompetent;

(2) a person who is a member of a subversive organization;

(3) a person under the age of eighteen, but this shall not apply to the issue of handguns to members of the Armed Forces of the United States, active or reserve, National Guard, State Militia, or R. O. T. C., when on duty or training or the temporary loan of handguns for instructions under the immediate supervision of a parent or adult instructor; or

(4) a person who by order of a circuit judge or county court judge of this State has been adjudged unfit to carry or possess a firearm, such adjudication to be made upon application by any police officer, or by any prosecuting officer of this State, or sua sponte, by the court, but a person who is the subject of such an application is entitled to reasonable notice and a proper hearing prior to any such adjudication.

(B) It is unlawful for a person enumerated in subsection (A) to possess or acquire handguns within this State.

(C) A person shall not knowingly buy, sell, transport, pawn, receive, or possess any stolen handgun or one from which the original serial number has been removed or obliterated.

However, it's probably ok, because an antique is not a "handgun:"
§ 16-23-10. Definitions.

When used in this article:

(1) "Handgun" means any firearm designed to expel a projectile and designed to be fired from the hand, but shall not include any firearm generally recognized or classified as an antique, curiosity, or collector's item, or any that does not fire fixed cartridges.

Answers are for informational purposes, not legal advice for your specific situation.