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felony hunting restrictions

38K views 37 replies 26 participants last post by  PRED 
#1 · (Edited by Moderator)
Can someone who has a class D felony on his record hunt with a shotgun? How about a muzzleloader? I know they can hunt with a bow but not a pistol. Is there any way a person can apply to have his hunting privileges reinstated?
 
#5 ·
You can hunt with a muzzleloader during firearms or muzzleloader season. A muzzleloader is not considered a firearm, i/e there is no background check or anything prior to purchase.

A sealed record will do no good. I don't konw why a CO would ask if you could legally possess a firearm, but if he did and called it in you would still be in the red.

There is no reason to test it. They should just get a good muzzleloader and go on with life. Don't bite the law, sometimes, it can bite back.
 
#6 ·
You can hunt with a muzzleloader during firearms or muzzleloader season. A muzzleloader is not considered a firearm, i/e there is no background check or anything prior to purchase.

A sealed record will do no good. I don't konw why a CO would ask if you could legally possess a firearm, but if he did and called it in you would still be in the red.

There is no reason to test it. They should just get a good muzzleloader and go on with life. Don't bite the law, sometimes, it can bite back.
I thought that any weapon that uses a primer, percussion cap, etc. to fire a projectile was considered a firearm. :16suspect:confused:
 
#7 ·
A muzzleloader is not considered a firearm, i/e there is no background check or anything prior to purchase.
Some of the new encores and such are considered firearms since the same receiver can be used with all calibers of weapons. Best to check with the CO or better yet the State Police. They can better answer the question.
 
#8 ·
what is considered a ML is muzzle feed down the barrel from muzzle to breech not the other way around. the ML that are able to switch barrels like encores and optima elites they are firearms. you can posses a ML but not a breech feed gun hand guns shotguns rifle in that matter.
 
#11 ·
#13 ·
My brother in law got a D felony on him earlier this year. I just bought the fool a bow last year, and he isn't allowed to even bow hunt. However I think that is just the policy of the county and his probation. I'd definitely check on the ML thing. I work in a federal prison and it is no joke. You don't want to get hit with the felon with a firearm charge!
 
#14 ·
Can someone who has a class D felony on his record hunt with a shotgun? How about a muzzleloader? I know they can hunt with a bow but not a pistol. Is there any way a person can apply to have his hunting privileges reinstated?
M/L yes...nothing else...

Depending on time served, restitution etc. being paid in a good/timely fashion and time elapsed since the crime, you can get a lawyer and get it expunged from your record...all this assumes itsa non violent offense to begin with...

i got one helluva deal on a thompson center new englander that i couldn;t pass up at a pawnshop, they made me go through all the paper work.
Federal law demands ALL firearm transactions at a pawn shop go thru "proper chanels".....even if its YOUR gun that YOU are getting back from pawn shop, you still have to file fed paperwork to get your OWN property back...:coco:
 
#16 ·
I have a little experience in this area. A muzzleloader is a firearm (by definition - although you dont have the paperwork) and if someone is a convicted felon who cannot possess a firearm they cannot hunt with it. To hunt with a firearm you are in possession. It all depends on what a person is convicted of...... they can be arrested for felonies and not be convicted and be just fine. The judge and/or attorney should explain this to whoever is in question at court.
To my knowledge if you are a convicted felon you cannot possess a firearm. This also applies to certain people convicted of misdemeanor domestic violence.
 
#19 · (Edited by Moderator)
Holy crap. A lot of misinforamtion there. Let me try to clear up some of it.
1) A true muzzleloader is not a "firearm" under BATFE definition. Encores and the like (switchbarrels) ARE classified as firearms regardless of what barrel is on it. The receiver is the "firearm" part since it can be readily made into any handgun or rifle with non-serialized parts. This does not mean felons are allowed to possess them or use ML's, in all cases. While the Feds say it is OK for you to have them from a non-firearm point of view, there may well be restrictions from a parole or probation office on your ability to possess "dangerous weapons" or some alternate definition of your weapon. Generally those conditions only last as long as your parole/probation.
2) The 209 primer has got nothing to do with anything, legally. Some places may go above and beyond what is required by the law to cover their butts, but it has nothing to do with strictly "legal" requirements.
3) It is true that the Brady law (federal) and a state law much like it, declares that people convicted of domestic violence, even misdemeanor level, can not possess firearms or ammunition. You can seek relief under state law after 5 years, however.
4) There are very limited legal bases for any conviction to be "expunged" and it generally does not happen. Don't get your hopes up.
5) Having a record "sealed" doesn't do squat about the information being in the NCIC computer, so don't get your hopes up, or waste your money.
6) Really old felonies may not be in the NCIC computer, so your buddy with the old OWI's may skate on that, and he may get pinched and go to Federal prison. Hell of a gamble just to go hunting.
NOW... let's talk about a state law that prohibits SERIOUS VIOLENT FELONS (defined at I.C. 35-47-4-5) from possessing a firearm (defined at I.C. 35-47-1-5, and DOES include muzzleloaders). If you are one of these "class" of people, forget about hunting. Take up needlepoint.
7) I am not coming to court with you if you get pinched even if you are in the right.
HB
 
#20 ·
Good info, thanks for clearing some of it up HoosierBuck. Under the Indiana Criminal Code IT IS considered a firearm. Here is the Indiana Criminal Code I copied to paste here, not an opinion but the law. I am not an expert at this by any means. A prosecutor in your area would be the best to talk to about possesing one after any convictions.

IC 35-47-1-5
"Firearm"
Sec. 5. "Firearm" means any weapon:
(1) that is:
(A) capable of expelling; or
(B) designed to expel; or
(2) that may readily be converted to expel;
a projectile by means of an explosion.
As added by P.L.311-1983, SEC.32. Amended by P.L.3-2008, SEC.254.
 
#21 · (Edited by Moderator)
I agree, JT. That is the section to which I referred above, where I also stated that under the state law, muzzleloaders are firearms. The OP was talking about D felony convictions. The state laws do not prevent D felony convicted people from possessing firearms, only the serious violent felons.
So, what we have is state law that does not address D felony people, but does include muzzleloaders, and a federal law that does address D felony people but does not include muzzleloaders. Clear??

HB

Oh yeah, and regarding the OP's question about reinstatement/restoration of gun rights for a D felon-it depends on how good your lawyer is, what the facts are, and who your judge is.
 
#22 ·
It's my understanding that it only includes "serious violent felon" and some drug charges

That is unless there is a code that the CO's use that I'm not aware of.

Search code 35-47-4-5 and you see a list

http://www.in.gov/legislative/ic/code/title35/ar47/ch4.html

As always if you have any questions, check with your local elected prosecutor and he will gladly give you the answers you look for.

One thing to add. A probation officer or Protective Order may prohibit you from possessing a firearm.
 
#24 ·
TW-
Most of those drug charges are on the list in the statute. As I stated above, your probation rules may well prohibit any "dangerous weapon" which could include archery tackle, too.

If you are subject to a protective order, which could even be a product of a divorce action, btw, you could be excluded from possessing firearms if the judge made a specific Brady finding and checked a box on the form.

HB
 
#25 ·
TW-
Most of those drug charges are on the list in the statute. As I stated above, your probation rules may well prohibit any "dangerous weapon" which could include archery tackle, too.

If you are subject to a protective order, which could even be a product of a divorce action, btw, you could be excluded from possessing firearms if the judge made a specific Brady finding and checked a box on the form.

HB
Looked right past your post somehow. Looks like you had it covered. :coolgleam
 
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