View Thread: Felon + hunting = ??


knall
I am in a free state. drivers licence and a backround check will get you a hunting rifle.

Buddy wants to hunt w us....... he is a FELON........nice guy but still LOL

I am 99.9% sure that felons cant poses firearms PERIOD. So I dont wanna loan him one and get ME or him in trouble.


Is there a loophole for hunting? or any loopholes at all for that matter? home defence? private property ? ect?

For example a child cant poses a firearm.... but its ok if I let him shoot mine (I THINK LOL)

Thanks guys, please dont post opinions....I need facts.... forms.. ....regulations ect



THANKS!!!

festus
Archery and crossbow, where permitted are ok. So would be trapping. A free society cannot allow a person to starve to death just because they ran afoul of the law of the land and cannot be trusted to possess a firearm. Some states may allow black powder exemptions for felons also.
Failing that there is always poaching.
Oh, Oh, Oh, I said something politically incorrect.
Better ban me for my insolence.

Beryl
Depends on if it was a state felony or federal felony. Rights have to be restored by the convicting jurisdiction. If he is a federal felon, he cannot have his firearms disability removed at this time. Some states automatically remove the disability after a period of time or through court petition. If it was federal, he can, however, hunt with a bow or "antique" gun. That is a muzzle loading gun that uses flint or percussion caps (NOT primers) as the ignition device, or a firearm made before 1898 that uses cartridge ammunition not available through common commercial channels, or a replica thereof. HOWEVER, if he goes with you and you have a modern firearm and you get stopped by the cops, he can be prosecuted under 18 USC 922(g) for constructive possession of a firearm by a felon.

tdbrown1969
How long ago did he get into trouble and how serious of trouble was it?Did it involve the use of a firearm?If enough time has passed he may be able to go to court and petition to get his "rights"restored,td

Etek
If Federal Felony all he can do is petition Obama through Office of Pardons to pardon him.
If State Felony a Governor's Pardon may be necessary.

Etek
And WTF did he do to get a Felony?

drjarhead
black powder guns are not okay as far as the feds are concerned

Beryl
black powder guns are not okay as far as the feds are concerned

That is not correct. I quoted section 922 almost word for word in my post. "Antique" firearms are NOT considered prihibited "firearms" according to the law. The black powder firearms people get into trouble for are the modern in-line guns that use primers as the ignition. The ones which use percussion caps are not. Once a felon is off supervision, he can possess an "antique" as long as it does not use modern ammunition (such as a Colt .45 Peacemaker).

motorhead
bow
crossbow
black powder
pre-1899 firearm, real, not replica (there's still an ammo issue unless you have real pre-1899 ammo)

drjarhead
I had been under the impression that felons had been arrested for possessing such weapons.

I stand corrected if wrong.

Beryl
from this site, to clarify :http://www4.law.cornell.edu/uscode/uscode18/usc_sec_18_00000921----000-.html

18 USC 921 "definitions"

(16) The term “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 1898; or
(B) any replica of any firearm described in subparagraph (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. 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.

jwag74
If Federal Felony all he can do is petition Obama through Office of Pardons to pardon him.
If State Felony a Governor's Pardon may be necessary.


Aye another example of broken government. "Firearm relief" is the term used for restoring a felons right to have a firearm. It was supposed to be done by the Sec of the Treasury (how that makes sense I don't know) however the Treasury dept decided it shouldn't be their job and gave the authority to the ATF. ATF is only allowed to perform functions they receive funding for and Congress specifically removed funding for this task so the ATF is barred from preforming it. That means the only remaining way to get "Firearm relief" for a federal felony is to get a Presidential Pardon.

However the above posters are correct that a felon can carry a Muzzleloader, bow or crossbow. However to completely safe the Muzzleloader should be a replica of an old model, i.e. a Hawken, Kentucky Rifle, etc. A T/C contender/encore muzzleloader would be a big no no as it can switch barrels and convert to centerfire. 1858 Remington cap and ball pistols should be avoided also as 45 Long Colt conversion cylinders are available.

Beryl
I believe that pistols such as the Remington replica are now verboten because you can buy a cylinder conversion for modern ammo. Too bad because gun makers don't consider such things when they come out with new products.

jwag74
I believe that pistols such as the Remington replica are now verboten because you can buy a cylinder conversion for modern ammo. Too bad because gun makers don't consider such things when they come out with new products.


Actually the conversion for that particular pistol dates back to the 1800's. So you can't really knock the manufacturers on that one. But point taken as any product that someone comes up with to easily convert a antique to centerfire could jeopardize some unknowing felon.

lsmurphy
how about a cannon? I like cannons.

Scott

motorhead
i always wanted a lawn cannon. i'd fire a salute on the 4th. my neighbors would soil themselves. good times!

motorhead
I had been under the impression that felons had been arrested for possessing such weapons.

I stand corrected if wrong.
perhaps doc but arrests often have little to do with real law. convicted, not. they still play that game with assault rifles here in the prk. da presses an obvious losing case hoping the cost of legal defense scares the defendant/victim into submission.

knall
i always wanted a lawn cannon. i'd fire a salute on the 4th. my neighbors would soil themselves. good times!
YOU DONT HAVE ONE!!!!! Lots of fun.

motorhead
not yet. do have a 2" potato gun. neighbors are used to that though, it hardly frightens 'em at all anymore.

kanscheapskate
You know, I have often wondered this. I have a friend in another state who is a deputy, nice gun guy. Anyway, he married this lady who had a family already and the adult daughter took after her mess of a father and got into drugs and then got pregnant. Well, my friend the cop has taken the girl and grandkid in to their home and she IS A CONVICTED Felon (posession with intent) and here he has a gun cabnet in his den with about 20 long guns and just about as many pistols. I always wanted to say something to him but was afraid to, he is a good guy and don't want him to get in trouble.

knall
You know, I have often wondered this. I have a friend in another state who is a deputy, nice gun guy. Anyway, he married this lady who had a family already and the adult daughter took after her mess of a father and got into drugs and then got pregnant. Well, my friend the cop has taken the girl and grandkid in to their home and she IS A CONVICTED Felon (posession with intent) and here he has a gun cabnet in his den with about 20 long guns and just about as many pistols. I always wanted to say something to him but was afraid to, he is a good guy and don't want him to get in trouble. A gun in the home does not constitute possesion, especialy if the home is not in your name.

I have avoided hunting w the person in question this year. If he wants to hire a lawyer..... LOL he can. I dont want him playin w my toys in public.

sct1886
[QUOTE=drjarhead]black powder guns are not okay as far as the feds are concerned[/QUOTE
Always double check your state laws. Missouri passed a convoluted law that may disallow felons to even possess black powder. If he is on parole it he most likely he is disallowed... Don't step in some some for your friend.

hedhunter72
i was arrested for felony domestic violence in 2002 for smacking my teenage daughter across the mouth for calling her mother some choice words,the local police confiscated all my guns including muzzleloaders,when they were logging my property at the station,they brought out my crossbow ,i asked why they took that ,they said because it had a trigger mechanism,and was considered a firearm,luckily the judge i had, raised a bunch of girls and more or less told the arresting deputy that i was doing my job as a parent,and dropped the charges ,all this happened during ohios deer season so no hunting for me that year

~Ace~
Our most Basic rights, be it by Birth, God, or the Constitution is that of Self Defense and the Right to Life, Liberty and the Pursuit of Happiness. To deny ANYONE (Can't be Legally done) the right to Own a firearm for Self Defense or Hunting is Wrong, Period. It's Unconstitutional and Quasi Legal Quackery... Besides Disgusting !

fal_762x51
Knall,

You wouldn't be in Pennsylvania by any chance?

KCKSBull
A gun in the home does not constitute possesion, especialy if the home is not in your name.

I have avoided hunting w the person in question this year. If he wants to hire a lawyer..... LOL he can. I dont want him playin w my toys in public.

You never know if they will prosecute or not but you can just about always guarantee that they will keep your gun!!

subvet653
Isn't it Gordon Liddy that always refers to the firearms collection in his home as his "Wife's Guns"? Texas drops the restriction after 10 years, but you can't get a concealed carry permit if it's a "Title 5" (aggravated) Felony. Best policy, when in doubt, don't take a chance. As a police Capt. friend of mine once said, "A perp may beat the rap, but not the ride", meaning you may beat it in court, but you'll still have an arrest record.

Ed