2nd Amendment and Right to Bear Arms/Bad Conduct Discharge

Advertisement

Expert: - 8/31/2009


Question
Does a Bad Conduct Discharge disqualify me from owning a blackpowder firearm?

Answer
Replica muzzleloading rifles and shotguns are not considered "firearms" under federal law. Thus, even if one is prohibited under federal law from possessing or receiving "firearms" (as that term is defined in the Gun Control Act of 1968), one is not prohibited from possessing replica muzzleloaders. State and local laws may differ, so one must also check them to ensure legal status.

2nd Amendment and Right to Bear Arms

All Answers

Answers by Expert:

Ask Experts

Volunteer

Robert P. Firriolo

Expertise

General constitutional (Second Amendment) and federal firearm law inquiries. New York State and New York City laws and regulations on firearms. Use of force in self-defense.

Experience

Practicing firearms law attorney, including representation of individuals, gun clubs, sportsmen's organizations, shooting ranges, and businesses. Over 20 years of grassroots activism, including involvement in campaigns and elections; writing and editing articles, letters, press-releases, policy papers, and op-ed columns; interaction with firearm regulatory agencies; former board member and current legal advisor to the board of sportsmen's and firearm civil rights organizations; pro-bono counsel on select firearms-related legal cases; debated leaders of the gun-control lobby on national television. Lecturer on lawful use of deadly physical force and crime prevention.

Education/Credentials
Attorney at law. Extensive practice, independent study and research in this field. NRA-certified firearms instructor (rifle, pistol, shotgun, home firearm safety, personal protection) and Chief Range Safety Officer.

Awards and Honors
Martindale-Hubbell "AV" Peer-Review Rating.

©2012 About.com, a part of The New York Times Company. All rights reserved.