Brady and Black Powder

[Citizen 5]

A relative of mine had pretty rough spot in his life a few years ago, and got himself snagged on two or three Brady Bull restrictions. (not felony)

I've heard people say that "prohibited persons" can have black powder guns, but the bill references 18 U.S.C. § 921 (a)(3) for its definition of a firearm, and that calls a firearm

(A) 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

Ok, so that sounds like it would include black powder guns... but there seems to be an exception made for "antique" guns.

(C) any muzzle loading rifle, muzzle loading shotgun, or muzzle
loading pistol, which is designed to use black powder, or a black
powder substitute, and which cannot use fixed ammunition. For
purposes of this subparagraph, the term "antique firearm" shall
not include any weapon which incorporates a firearm frame or
receiver, any firearm which is converted into a muzzle loading
weapon, or any muzzle loading weapon which can be readily
converted to fire fixed ammunition by replacing the barrel, bolt,
breechblock, or any combination thereof.

Does this apply to black powder revolvers? He only has one arm, so a hand gun would likely be better for him than a muzzle-loading long gun. Any insights from those more knowledgeable than me?

 

[Kirk Freeman]

What is a Brady Bull restriction? Brady imposed a background check.

Does this apply to black powder revolvers?

got himself snagged on two or three Brady Bull restrictions. (not felony)

What are the "restrictions"?

 

[Citizen 5]

Sorry... "Brady Bull" (instead of "Brady Bill") was supposed to be a play on words. As far as restrictions:

From Wikipedia:

Section 922(g) of the Brady Act prohibits certain persons from shipping or transporting any firearm in interstate or foreign commerce, or receiving any firearm which has been shipped or transported in interstate or foreign commerce, or possessing any firearm in or affecting commerce. These prohibitions apply to any person who:

1. Has been convicted in any court of a crime punishable by imprisonment for a term exceeding one year;
2. Is a fugitive from justice;
3. Is an unlawful user of or addicted to any controlled substance;
4. Has been adjudicated as a mental defective or committed to a mental institution;
5. Is an alien illegally or unlawfully in the United States;
6. Has been discharged from the Armed Forces under dishonorable conditions;
7. Having been a citizen of the United States, has renounced U.S. citizenship;
8. Is subject to a court order that restrains the person from harassing, stalking, or threatening an intimate partner or child of such intimate partner, or;
9. Has been convicted in any court of a misdemeanor crime of domestic violence.
10. Has a record of being a felon.

 

[Kirk Freeman]

Those are not restrictions of the Brady Bill but the GCA of 1968. The Brady Bill is alleged to look for those restrictions.

Sorry, I was confused thinking you might think the Brady Bill imposed additional restrictions. The Brady Bill is an empty glass, like Castle Doctrine, that shooters use to describe the SSA, the GCA, the NFA, the AWB, the Lautenberg Act, inter alia.

 

[Citizen 5]

Gotcha. Thanks for the correction. So any info on what, as a "prohibited person," he can own/possess?

 

[Kirk Freeman]

Cit5, can you tell us what kind of prohibited person he is?

The answer, as always (darn lawyers), depends.

 

[kludge]

Hmmm... a black powder revolver is not a "muzzleloading" pistol the way I see it.

...and a lot of them can be "readily converted to fire fixed ammunition".

Gonna go with "no" on this one.

 

[Citizen 5]

Cit5, can you tell us what kind of prohibited person he is?

The answer, as always (darn lawyers), depends.

#1 for DUI (Sentence was minimal, but could have been up to 1 yr. locked up)
#3 Did use, doesn't anymore. Never arrested for it.
#4 I don't know if it applies, but spent a few days in a Bowen center.
#8 Had a restraining order from (now ex-) wife, I don't believe it is still in effect.

 

[Kirk Freeman]

Was the OWI a felony? You make it sound like a misdemeanor.

 

[samwathegreat]

Sounds to me like none of these offenses would prevent him from legally owning an actual firearm.... IANAL, so I would advise checking with one to be sure.

 

[Citizen 5]

Was the OWI a felony? You make it sound like a misdemeanor.

I believe it was a misdemeanor.

 

[Kirk Freeman]

If a misdemeanor (and he is off probation) then I am confused as to why you believe this individual is a prohibited person. Was he court-ordered to the Bowen Center?

 

[Citizen 5]

I'm not sure... I just know that he received some court documentation a while back that, among other things, mentioned that he was prohibited from owning firearms due to the Brady Act. I'll talk to him about it next time I see him--maybe it's something like you mentioned and it was only active during probation. If so, sweet!

If not, and he's still a prohibited person, any info on what he can have?

P.S. Thanks for all the info so far!

 

[JoshuaW]

Out of curiosity, is there a way for a potentially restricted person to find out if they are actually restricted, preferably from the justice system in some way? My first inclination was to say attempt a purchase and see if NICS kicked it back, but the reality of it is NICS is not 100% reliable, and if someone who was interested in following the law got a green light, but was actually supposed to be restricted, they could end up in a lot of a trouble, despite trying to follow the law.

 

[mike4sigs]

?? not sure what the bowen center is but if it a some sort of mental rehab center and it is documented he might be restricted !
and you ?? said something about a restraining order ! the judge could have ordered no firearms during this time!
but if i was him i would check it out ! some how thru the judical system !
good luck to him!

 

[Kirk Freeman]

mentioned that he was prohibited from owning firearms due to the Brady Act

Perhaps it said that he was "Brady disqualified"?

 

[justjoe]

if bowen center was court ordered or if restraining order is still in effect he is disqualified

bowen: form 4473 question f

domestic violence restraining order: form 4473 question h