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re: Question on felon's and primitive weapons.

Posted on 11/22/13 at 5:58 pm to
Posted by greasemonkey
Macclenny Fl aka south JAWJA
Member since Aug 2012
2772 posts
Posted on 11/22/13 at 5:58 pm to
quote:

My nephew got into some crap when he was 18 and now he has a felony on his record. He has kept his nose clean now for 2 years. We all know he can't have a firearm but he likes to hunt. So the question is as a felon can he hunt with a bow & arrow and a muzzle loader? Thanks



most states it cant be a modern smokepole.

fl ga and tx rules are the same,not sure about la though.

quote:


Section 790.001(1), Florida Statutes, states, "'Antique firearm' means any firearm manufactured in or before 1918 (including any matchlock, flintlock, percussion cap, or similar early type of ignition system) or replica thereof, whether actually manufactured before or after the year 1918, and also any firearm using fixed ammunition manufactured in or before 1918, for which ammunition is no longer manufactured in the United States and is not readily available in the ordinary channels of commercial trade." The fact that the firearm is an antique firearm is an affirmative defense that the defendant has the burden of alleging and proving. Williams v. State 482 So.2d 1051 (Fla 1986).

Convicted felons should be cautious about being in a location where a firearm is present as they may be in constructive possession of that firearm. Constructive possession occurs when the person knows about the firearm and is in a position to exert dominion and control over that firearm. A felon who is riding in a truck with other hunters who have firearms with them may be in constructive possession of those firearms, depending on the circumstances.
Convicted felons, as well as any hunter, may use a bow or crossbow during the hunting seasons where allowed.
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