The Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF). According to the ATF’s official guide on firearms, firearms are defined as:
“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…”
Antique firearms are NOT considered firearms under federal law. The ATF defines an antique firearm as:
- Any gun manufactured before 1899, or
- Any black powder muzzleloading rifle, bow, shotgun, or pistol that doesn’t use modern ammunition.
So technically, under federal law, most muzzleloaders are not classified as firearms.
Can a Felon Legally Own a Muzzleloader?
Under Federal Law: Yes, But With Conditions
Federal law does not prohibit felons from owning a muzzleloader—but only if it fits the “antique firearm” definition under the Gun Control Act of 1968 (18 U.S.C. § 921(a)(3)). This means:
- It must be a black powder gun (not using fixed ammunition).
- It must not be capable of firing modern cartridges.
- It cannot be modified to fire modern rounds.
If you’re a felon and you pick up an antique-style muzzleloader that fits these specs, you’re not violating federal law.
State Laws Are a Whole Different Beast
Just because the federal government doesn’t classify muzzleloaders as firearms doesn’t mean your state agrees.
| State | Can Felons Own Muzzleloaders? | Notes |
| Texas | ✅ Yes | State follows federal antique firearm rule. |
| California | ❌ No | Muzzleloaders considered firearms under state law. |
| Florida | ✅ Yes | Allowed if gun meets antique firearm definition. |
| New York | ❌ No | NY Penal Law treats all guns as firearms regardless of age/ammo. |
| Georgia | ✅ Yes | Felons may own muzzleloaders if not modified. |
| Illinois | ❌ No | Treated as firearms, regardless of federal exemption. |
| Michigan | ❌ No | State law considers them firearms. Requires firearm rights restoration. |
| Tennessee | ✅ Yes | Allowed for hunting, as long as it’s not a modern inline gun. |
| Ohio | ❌ No | All guns, including black powder, require rights restoration. |
| Pennsylvania | ❌ No | Treated as firearms under state law. |
| Alaska | ✅ Yes | Felons may own black powder guns. |
This table summarizes current laws as of May 2025. Always check with your state attorney general’s office or a firearms attorney before making a purchase.
What Type of Muzzleloaders Can a Felon Own?
Here are three categories that usually fall under the “safe zone” (federally speaking):
- Traditional Flintlock Rifles (e.g., Kentucky rifle)
- Uses black powder
- Not modified for cartridges
- Manufactured before 1899 (or replica)
- Cap and Ball Revolvers
- Pre-1899 designs
- Uses percussion caps
- No modern ammo
- Inline Muzzleloaders
- These are tricky. Some are too modern and can be reclassified as firearms depending on features.
Common Myths About Felons and Muzzleloaders
Let’s debunk a few tall tales floating around the web:
Myth 1: “All black powder guns are legal for felons.”
Nope! Some black powder guns fire modern ammo or can be easily converted. That’s illegal.
Myth 2: “If I own a muzzleloader, I can carry it during hunting season.”
Wrong again. Even in states where ownership is legal, hunting laws may prohibit possession by felons.
Myth 3: “It’s legal everywhere if it’s pre-1899.”
Not quite. Some states don’t care about manufacture year; they ban felons from possessing any type of gun-like object.
Risks and Penalties If You Get It Wrong
Let’s be crystal clear: Owning the wrong kind of muzzleloader can land you back in prison.
Possible Consequences:
- Federal felony possession of a firearm – up to 10 years in federal prison (18 U.S.C. § 922(g))
- State weapons charges – can add additional 5–15 years, depending on location
- Parole or probation violations
- Loss of future rights restoration eligibility
If you’re not 100% sure whether the muzzleloader is legal for you to own—don’t risk it.
How Can a Felon Regain Gun Rights?
If you’re looking to legally own a broader class of firearms (not just muzzleloaders), here are your options:
1. Pardon
- Issued by the Governor (state felony) or President (federal felony)
- Often restores full gun rights
2. Expungement
- Not always available
- Doesn’t always restore rights—but can help in some states
3. Restoration of Civil Rights
- Available in many states after probation/parole
- Process can take 1–3 years, often requires legal filing
4. ATF Relief from Disabilities
- This federal program was defunded, but keep an eye out in case it resumes
What Should You Do Before Buying a Muzzleloader?
✔ Checklist for Felons:
- Confirm federal law compliance (Antique Firearm rule)
- Double-check state law (Not just Google—read the actual statute!)
- Avoid anything that can be converted to modern ammo
- Get written legal advice, if possible
- Document the purchase (bill of sale, specs, etc.)
- Do not carry or transport across state lines without verification
Real-World Example:
In 2017, a man in Pennsylvania was sentenced to 18 months in prison for possessing a black powder pistol. He thought it was legal—but PA law considered it a firearm. The judge called it “a tragic misunderstanding of state vs. federal gun laws.”
Final Thoughts
Muzzleloaders offer a unique legal loophole for felons—but it’s not a free pass. The difference between freedom and a felony charge can come down to one misunderstood law or technical detail.
FAQs
Can a felon hunt with a muzzleloader?
Only in states where felons are allowed to possess muzzleloaders. Even then, check wildlife regulations.
Can a felon buy a muzzleloader online?
Yes, in some cases—because antique guns don’t require an FFL transfer. But it’s highly risky without legal confirmation.
Do I need a background check to buy a muzzleloader?
No, not for antique-style ones under federal law. But again, some states require it.
What about black powder ammo—can I buy it?
Yes, but you must store and transport it properly. Black powder is a regulated explosive in many states.
