firearms in Indiana

Question
My brother lives in Indiana and is a convicted felon. He seems to think he is allowed to own and operate a black powder 50 cal rifle, he says that's because it is self loading? I thought,  since he is a convicted felon he lost his right UNLESS, given special permission from the court. Is this accurate? Thank You for any help you can offer.  Alisha Lane

Answer
Alisha,

First, I need to clearly state that I am not an attorney and cannot give legal advice.  You or your brother should consult an attorney that you have hired if you need authoritative legal advice.

There is a great deal of confusion about black powder guns.  Under federal law, black powder guns are not considered to be 'firearms' under the strict definition of federal law.  Therefore they are not regulated in the same manner as other types of firearm.  However from the standpoint of firearms ownership in Indiana, Indiana's definition of a firearm would include black powder guns and in Indiana a convicted felon is prohibited from owning a firearm unless his civil rights including the right to own a firearm have been restored by order of a court of competent jurisdiction.

It has absolutely nothing to do with 'self loading' and would have everything to do with the fact that it is an antique firearm or a replica of an antique firearm.

Since these laws vary from state to state you should have your brother consult an attorney that is licensed to practice law in Indiana for a proper determination.  This is important because if he is found to be in violation of Indiana law regarding possession of a firearm by a convicted felon, he could end up with another felony charge.  If I were him, I would want to be absolutely sure before I put myself at risk of committing another felon crime just so I could have a black powder gun.

I hope this helps you out...

Best regards,

Doug Little