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Started By
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Question on felon's and primitive weapons.
Posted on 11/22/13 at 4:43 pm
Posted on 11/22/13 at 4:43 pm
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
5
Posted on 11/22/13 at 4:47 pm to lsutigers0705
Bow and arrow for sure, that's a dukes of Hazzard lesson
Posted on 11/22/13 at 4:52 pm to lsutigers0705
I did a little searching and found that a traditional muzzle loader should be fine. It cannot be a breech load such as 45-70, etc.
Check state laws to be sure though. That will be your safest bet.
Check state laws to be sure though. That will be your safest bet.
Posted on 11/22/13 at 4:57 pm to Polar Pop
Thanks Polar for the info. Hate for the kid to get in trouble . He has kept his nose clean now for 2 years. He learned his lesson the hard way.
Posted on 11/22/13 at 5:48 pm to lsutigers0705
Tell him to ask his probation officer 
Posted on 11/22/13 at 5:48 pm to lsutigers0705
Muzzle loader is ok. In fact, my local game warden in TX told me that when he sees someone with a muzzleloader during regular season, his "Felon Radar" goes off.
Posted on 11/22/13 at 5:52 pm to lsutigers0705
Black powder rifles are a no-no for a felon to possess.
Look at Louisiana revised statute 14:95.1
Im an assistant district attorney fwiw
Look at Louisiana revised statute 14:95.1
Im an assistant district attorney fwiw
Posted on 11/22/13 at 5:57 pm to Bigpoppat
quote:
Black powder rifles are a no-no for a felon to possess.
Look at Louisiana revised statute 14:95.1
Guess that's a Louisiana thing. I stand corrected.
Posted on 11/22/13 at 5:58 pm to lsutigers0705
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.
Posted on 11/22/13 at 6:45 pm to Nascar Fan
quote:
Tell him to ask his probation officer
I would go this route.
Posted on 11/22/13 at 6:53 pm to fishfighter
quote:
Tell him to ask his probation officer
quote:
I would go this route.
if on felony probation it will be a no go untill off
Posted on 11/22/13 at 7:08 pm to Bigpoppat
quote:
Black powder rifles are a no-no for a felon to possess.
Look at Louisiana revised statute 14:95.1
Im an assistant district attorney fwiw
Even an ADA should know there are loopholes in the law.
Other 14:95:1 remedies: Paragraph C of La. R.S. 14:95.1 provides two other possibilities under which a person convicted of a 14:95.1 felony may regain their right to possess a firearm.
1. 10-year cleansing: Under La. R.S. 14:95.1(C)(1), the provisions of this statute regarding the possession of firearms and the carrying of concealed weapons by persons convicted of certain enumerated felonies do not apply to a person who has not been convicted of any felony “for a period of 10 years from the date of completion of sentence, probation, parole, or suspension of sentence.” ?Thus, if a person allows 10 felony-free years to elapse after the completion of their state or federal supervision, then, according to the language of 14:95.1, they should regain the right to possess a firearm.
2. Sheriffs permits: A second option available under 14:95.1(C) revolves around the discretion of the sheriff of the parish in which the person resides. Under 14:95.1(C)(2), upon completion of their state or federal supervision, a convicted felon has the right to apply to the sheriff of his home parish (or the superintendent of police, if he resides in Orleans Parish) for the right to possess firearms. ?If this permit is granted, the felon has the right to possess firearms within boundaries set by that sheriff (such as only allowing the convicted felon to carry a long gun during deer season, for example). The sheriff or other chief law enforcement officer of a parish has substantial discretion under this statute, allowing him to narrowly define the circumstances, if any, under which a convicted felon may possess a firearm within that parish. ?State law does require any sheriff or superintendent of police who decides to issue such a permit to notify, in writing, the Department of Public Safety. Officials within the Department of Public Safety say that the ability to carry a firearm under this subsection of the law is restricted to just the convicted felon’s home parish. ?Also, should the existence of such a permit ever come into question, the burden of proof may very well fall on the shoulders of the convicted felon claiming to possess it. State v. Augillard, 371 So.2d 798, 800 (La. 3-2-1979).
Posted on 11/22/13 at 7:32 pm to cassopher
He is still on probation for 2 more years. I'll just get him to ask his probation officer to make dang sure what he can and can't do. Thanks guys for all the help.
Posted on 11/22/13 at 8:47 pm to CoastieGM
Felon Radar - that dang sure is stereotyping. I prefer to hunt with a muzzle loader many times over my rifle. It is just as accurate and in my opinion more fun to hunt with.
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