There's a common belief, which I've seen here, that someone who loses their right to firearms has black powder as a legal recourse. But looking through the statutes, I don't see how that conclusion is reached.

Pivotally, it seems that black powder devices count as firearms:

"Firearm" means any weapon, for which the operating force is an explosive, including but not limited to pistols, revolvers, rifles, shotguns, automatic firearms, noxious gas projectors, mortars, bombs, and cannon.

There's specific language for antique firearms:

As used in this chapter, unless the context indicates otherwise:
     "Antique pistol or revolver" means any pistol or revolver manufactured before 1899 and any replica thereof if it either is not designed or redesigned for using rimfire or conventional centerfire fixed ammunition or is designed or redesigned to use rimfire or conventional centerfire fixed ammunition that is no longer manufactured in the United States and is not readily available in the ordinary channels of commercial trade.

One is supposed to have a permit to acquire, even black powder:

  (a)  No person shall acquire the ownership of a firearm, whether usable or unusable, serviceable or unserviceable, modern or antique, registered under prior law or by a prior owner or unregistered, either by purchase, gift, inheritance, bequest, or in any other manner, whether procured in the State or imported by mail, express, freight, or otherwise, until the person has first procured from the chief of police of the county of the person's place of business or, if there is no place of business, the person's residence or, if there is neither place of business nor residence, the person's place of sojourn, a permit to acquire the ownership of a firearm as prescribed in this section.

However, registration is not required:

(d)  Registration shall not be required for:
     (1)  Any device that is designed to fire loose black powder or that is a firearm manufactured before 1899;

If you've been bad, no firearms:

(a)  No person who is a fugitive from justice or is a person prohibited from possessing firearms or ammunition under federal law shall own, possess, or control any firearm or ammunition therefor.
     (b)  No person who is under indictment for, or has waived indictment for, or has been bound over to the circuit court for, or has been convicted in this State or elsewhere of having committed a felony, or any crime of violence, or an illegal sale of any drug shall own, possess, or control any firearm or ammunition therefor.
     (c)  No person who:
     (1)  Is or has been under treatment or counseling for addiction to, abuse of, or dependence upon any dangerous, harmful, or detrimental drug, intoxicating compound as defined in section 712-1240, or intoxicating liquor;
     (2)  Has been acquitted of a crime on the grounds of mental disease, disorder, or defect pursuant to section 704-411; or
     (3)  Is or has been diagnosed as having a significant behavioral, emotional, or mental disorders as defined by the most current diagnostic manual of the American Psychiatric Association or for treatment for organic brain syndromes;

shall own, possess, or control any firearm or ammunition therefor, unless the person has been medically documented to be no longer adversely affected by the addiction, abuse, dependence, mental disease, disorder, or defect.

Anyone know where the "Get out of jail and use black powder" idea is substantiated?

I should add this this question pertains to state of Hawaii laws. The Feds are a little more understanding:

1. Can a person prohibited by law from possessing a firearm acquire and use a black powder
muzzle loading firearm?
The Gun Control Act of 1968 (GCA) prohibits felons and certain other persons from possessing or
receiving firearms and ammunition (“prohibited persons”). These categories can be found at 18
U.S.C. § 922(g) and (n) in http://atf.gov/publications/download/p/atf-p-5300-4.pdf.
However, Federal law does not prohibit these persons from possessing or receiving an antique
firearm. The term “antique firearm” means any firearm (including any firearm with a matchlock,
flintlock, percussion cap, or similar type of ignition system) manufactured in or before 1898. The
definition includes any replica of an antique firearm if it is not designed or redesigned for using
rimfire or conventional centerfire fixed ammunition, or uses rimfire or conventional centerfire
ammunition which is no longer manufactured in the United States, and which is not readily available
in ordinary channels of commercial trade. Further, any muzzle loading rifle, shotgun, or pistol which
is designed to use black powder or black powder substitute, and which cannot use fixed ammunition,
is an “antique firearm” unless it (1) incorporates a firearm frame or receiver; (2) is a firearm which is
converted into a muzzle loading weapon; or (3) is a muzzle loading weapon which can be readily
converted to fire fixed ammunition by replacing the barrel, bolt, breechblock, or any combination
thereof. See 18 U.S.C. § 921(a)(3), (a)(16).
Thus, a muzzle loading weapon that meets the definition of an “antique firearm” is not a firearm and
may lawfully be received and possessed by a prohibited person under the GCA.
In addition, the GCA defines the term “ammunition” to mean “ammunition or cartridge cases,
primers, bullets, or propellant powder designed for use in any firearm.” Because an “antique firearm”
is not a “firearm,” it would is lawful for a prohibited person to receive or possess black powder
designed for use in an “antique firearm.” Also, the Federal explosives laws do not make it unlawful
for a prohibited person to acquire and possess black powder in quantities not exceeding fifty pounds
if it is intended to be used solely for sporting, recreational, or cultural purposes in “antique firearms.”
See 18 U.S.C. § 845(a)(5)
By contrast, a prohibited person may not receive or possess black powder firearms that can be readily
converted to fire fixed ammunition by replacing the barrel, bolt, breechblock, or any combination
thereof. ATF has classified certain muzzle loading models as firearms. All of these models
incorporate the frame or receiver of a firearm that is capable of accepting barrels designed to fire
conventional rimfire or centerfire fixed ammunition. These muzzle loading models do not meet the
definition of “antique firearm” as that term is defined in 18 U.S.C. § 921(a)(16), and are “firearms”
as defined in 18 U.S.C. § 921(a)(3). Furthermore, as firearms, these and similar models, regardless of
the barrel installed on the firearm or provided with the firearm, are subject to all provisions of the
GCA. Persons who purchase these firearms from licensed dealers are required to fill out a Firearms
Transaction Record, ATF Form 4473, and are subject to a National Instant Criminal Background
Check System (NICS) check. Felons and other prohibited persons may not lawfully receive or
possess these firearms or ammunition.
The following is a list of weapons that load from the muzzle and are classified as firearms, not
antiques, under the GCA, because they incorporate the frame or receiver of a firearm:- 2 -
• Savage Model 10ML (early, 1st version)
• Mossberg 500 shotgun with muzzle loading barrel
• Remington 870 shotgun with muzzle loading barrel
• Mauser 98 rifle with muzzle loading barrel
• SKS rifle with muzzle loading barrel
• PB sM10 pistol with muzzle loading barrel
• H&R/New England Firearm Huntsman
• Thompson Center Encore/Contender
• Rossi .50 muzzle loading rifle
This list is not complete and frequently changes. There may be other muzzle loaders also classified as
firearms. As noted, any muzzle loading weapon that is built on a firearm frame or receiver falls
within the definition of a firearm provided in 18 U.S.C. § 921(a)(3).
Finally, even though a prohibited person may lawfully possess an antique firearm under Federal law,
State or local law may classify such weapons as “firearms” subject to regulation. Any person
considering acquiring a black powder weapon should contact his or her State Attorney General’s
Office to inquire about the laws and possible State or local restrictions. A list of State Attorney
General contact numbers may be found at www.naag.org.

There's a common belief, which I've seen here, that someone who loses their right to firearms has black powder as a legal recourse. But looking through the statutes, I don't see how that conclusion is reached.

Pivotally, it seems that black powder devices count as firearms:

There's specific language for antique firearms:

One is supposed to have a permit to acquire, even black powder:

However, registration is not required:

If you've been bad, no firearms:


Anyone know where the "Get out of jail and use black powder" idea is substantiated?

In Hawaii no can, other states maybe