Felons and Black powder

[owejia]

What is Tn law on felons using black powder firearms? Was told by a sheriffs investagator they could use them under Federal law. Saw a utube video of a felon in Florida that carried a short barrel bp revolver, said bp was legal for him to carry in Florida . Inquiring minds want to know if bp shooting  for felons is legal in Tn under state law.

[10-Ring]

There is no law, but The State Attorney General has issued an opinion on this.  Basically, a felon can possess a black powder weapon, but it must be an antique. 

 

https://www.tn.gov/attorneygeneral/search-results.html?q=Black+powder

Edited June 13, 2020 by 10-Ring

[DaveTN]

39-17-1307. Unlawful carrying or possession of a weapon.
(a) 
(1) A person commits an offense who carries, with the intent to go armed, a firearm or a club.
(2) 
(A) The first violation of subdivision (a)(1) is a Class C misdemeanor, and, in addition to possible imprisonment as provided by law, may be punished by a fine not to exceed five hundred dollars ($500).
(B) A second or subsequent violation of subdivision (a)(1) is a Class B misdemeanor.
(C) A violation of subdivision (a)(1) is a Class A misdemeanor if the person's carrying of a handgun occurred at a place open to the public where one (1) or more persons were present.
(b) 
(1) A person commits an offense who unlawfully possesses a firearm, as defined in § 39-11-106, and:
(A) Has been convicted of a felony crime of violence, an attempt to commit a felony crime of violence, or a felony involving use of a deadly weapon; or
(B) Has been convicted of a felony drug offense.
(2) An offense under subdivision (b)(1)(A) is a Class B felony.
(3) An offense under subdivision (b)(1)(B) is a Class C felony.
(c) 
(1) A person commits an offense who possesses a handgun and has been convicted of a felony unless:
(A) The person has been pardoned for the offense;
(B) The felony conviction has been expunged; or
(C) The person's civil rights have been restored pursuant to title 40, chapter 29, and the restoration order does not specifically prohibit the person from possessing firearms.
(2) An offense under subdivision (c)(1) is a Class E felony.

39-11-106. Title definitions.
(a) As used in this title, unless the context requires otherwise:
(1) “Antique firearm” means:
(A) Any firearm, including any firearm with a matchlock, flintlock, percussion cap, or similar type of ignition system, manufactured in or before the year 1898;
(B) Any replica of any firearm described in subdivision (a)(1)(A) if such replica:
(i) Is not designed or redesigned for using rimfire or conventional centerfire fixed ammunition; or
(ii) Uses rimfire or conventional centerfire fixed ammunition which is no longer manufactured in the United States and which is not readily available in the ordinary channels of commercial trade; or
(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;

[chances R]

https://www.tn.gov/content/dam/tn/attorneygeneral/documents/ops/2015/op15-75.pdf

[DaveTN]

Both 39-17-1307 and 39-11-106 were amended in 2018. The AG Opinion is from 2015. Read the law carefully; an AG opinion is not legally binding.

[chances R]

So Dave, I understand about AG opinion, but his opinion has more weight than mine.  The 2015 opinion was certainly more recent than the previous one posted.  The opinion now seems to be supported by the amended law.  So the simple answer is, some felons cannot possess black powder weapons.