Non-Violent Felons and Non-Lethal Guns: Can They Own Them?

Many people, especially those interested in firearms, ask if non-violent felons can own certain types of weapons, particularly non-lethal ones. This question often stirs debate, and the answers can vary based on laws and regulations. Despite the complexity, the general consensus is that the restrictions on owning firearms for felons can be nuanced, especially regarding non-lethal alternatives.

What Are Non-Lethal Guns?

It's important to clarify that the question of what constitutes a 'non-lethal gun' is often misunderstood. Many believe that any projectile weapon is non-lethal, but this is incorrect. A non-lethal gun is typically defined as a weapon that is designed to cause only temporary discomfort or pain, without causing permanent injury or death. Examples include rubber bullet dispensers, pepper spray, and tasers.

Non-Lethal Weapons for Felons

While felons cannot own conventional modern firearms, they may legally possess certain non-lethal weapons. Here are some options:

Black Powder Guns and Crossbows: Produced before 1900, these weapons can be legally owned by felons. This is due to the lack of registration requirements for firearms that predate 1900. Example models include muzzle-loading black powder guns and historical crossbows. Air Guns and Paintball Guns: Air guns capable of dropping big game and paintball guns are often considered non-lethal. A felon can purchase these weapons, although they can be expensive. For instance, an air rifle designed to drop big game can cost around $1000. Pneumatic Pumps: Pneumatic pump pistols and rifles are also within legal bounds, provided they do not fall under the classification of conventional firearms.

Legal Considerations

Even non-lethal weapons can pose legal challenges for felons. If a felon is caught with a weapon, it might lead to questions from law enforcement and parole officers. For example, if a felon has one of these weapons in their car, it could be considered an attempt to intimidate or threaten, which could lead to the revocation of parole or additional charges.

Specifically:

Driving with a Non-Lethal Weapon: If a felon is driving and found with a weapon in the car, questions may arise about its intended use. Having a non-lethal weapon in a car can be perceived as a potential threat and may be sufficient to revoke parole or lead to further charges. Parole and Probation: Felons on parole or probation must comply with strict guidelines. Owning and carrying a non-lethal weapon could be seen as a violation of their parole or probation terms.

Historical Context and Current Regulatory Environment

Historically, the regulations regarding non-lethal weapons for felons have varied across states. For instance, in Western US states, felons could legally own items like toy water pistols, Nerf foam blasters, and certain powder-based guns and bows, provided they were not classified as firearms. However, the landscape is continually evolving, and it's essential to stay updated with current laws.

It's crucial for felons to consult with legal experts and stay informed about changes in firearm regulations to navigate the complexities of gun ownership effectively.