View Full Version : What are the chances of a convicted felon having the opportunity to hunt again?


coping
11-16-2004, 07:59 PM
Does anyone know what the chances would be of a convicted felon (federal drug conspiracy) EVER having the opportunity to hunt again? He has been an avid deer hunter since he was a little boy, will he ever be able to hunt again?

jessnkat
11-16-2004, 08:11 PM
I've wondered about this myself. Jess was convicted of a felony also (not in a federal court though) and he liked to hunt too. I think that's a pre-requiste for a man living in Mississippi! My father is also a licensed gun dealer - I've wondered what kind of effect (if any) that might have on things.

mach1
11-16-2004, 09:04 PM
My understanding is once your a convicted felon, you are no longer allowed to carry a gun, hunting or otherwise. Convicted felons cannot be in possession of a firearm ... Even antiques. Besides, who wants to wait for the ATF to decide if it can fire?? Not me. Someone who knows for sure will come around and give us the straight scoop ...

kintml2u
11-17-2004, 05:21 AM
http://www.prisontalk.com/forums/archive/index.php/t-55427.html

This is a link where this has been discussed prior here on PTO. From my knowledge...it's not gonna happen. Considering some of his past convictions, not sure of your son's total history, but there is another enhancement that could be handed down which is the armed carrer criminal 924(e). This one carries 15 or more...if I am not mistaking. For many...it would be worth finding a new hobby.

I see no guns in our future....

Cinammo
11-17-2004, 07:14 AM
Take up bow hunting! It's still legal, even if your a convicted felon.

cjjack
11-17-2004, 07:24 AM
Hmm.......when I was at Bryan we had a pre-release class and a person from the U.S. Probation Office came to speak to us. She said a bow was considered a weapon and therefore not allowed while you are on supervised release. My man has a decorative sword and I was even worried about that being in my home, but I cleared it with my PO.

I would definitely check with my PO before doing anything. It's not worth the risk of going back.

eppsgrl70
11-17-2004, 07:38 AM
Okay. I've been to the NRA website and to my state government website and you can (in va) request a pardon from the governor (of course it takes time) as long as you are a non-violent felon and have paid all of your fines, done all of your classes and you don't have any outstanding warrants etc, oh and you're off probation. You can request to get your privilege to carry a firearm again and get a hunting license. So basically it depends on your state (which means if you have a democractic state you may as well forget it) and the crime they were convicted of.

I hope this helps. My honey is an avid deer hunter also and I had to look into this but he was convicted on the state level and federal.

Cinammo
11-17-2004, 08:11 AM
My husbands attorney told him he could still hunt with a bow but that they were trying to take that away from convicted felons also. If they tell my husband he can't have his bow he will have a hissey and I do not want to be around! Can anyone else address the bow hunting issue?

mach1
11-17-2004, 11:09 AM
A gentlemen on my defense team addressed this issue, and it was from his position, No bow hunting ... Just what I was told? Don't shoot the messenger (no pun intended ... LOL) Also to eppsgirl70 ... If the conviction is Federal then the only one who can pardon a federal felony is the President of the United States ... Hope this helps ... :)

cjjack
11-17-2004, 11:14 AM
mach, you are exactly right. A state governor can do nothing about a federal pardon. And the odds of ever getting a federal pardon are almost nil.

As I said, it is better to ask the probation officer. I know that most will not let you have a bow. And if for some reason they did say yes, get it in writing.

Cinammo
11-17-2004, 01:09 PM
I'm thinking it's not okay while on probation but after that I believe it's okay. I emailed our state DNR and if I get an answer I'll let you know what they say.

PatitoDeHule
11-17-2004, 01:11 PM
http://www.hwylaw.com/CM/Articles/Articles88.asp

I hope this article will show you the complexity of the question you're asking.

For a felony conviction the rules are superficially simple. Federal law prohibits firearm possession following ANY state or federal felony conviction even if the sentence was suspended.(3) State law is less restrictive to some degree but the distinctions are immaterial at this point since the federal criminal sanctions apply across the board.
However, note that the article deals only with firearms, not weapons. Not only do state laws vary on this, but so do "collateral consequences" in individual cases. A probation document may say no weapons or the judge may include such a clause in the original sentence.

I've heard a couple of real horror stories about individuals being sentenced to long federal terms without knowing that they were not allowed to possess firearms even after tehy were "off paper."

cjjack
11-17-2004, 01:42 PM
True, Patito. When I was in federal prison, they had notices posted on the bulliten boards reminding people that when they got out, they were prohibited from EVER owning a gun.

Even if you are in a car with someone who has a weapon, even if you did not know about it, chances are that they will charge you. You have to be very, very careful.

donw
11-17-2004, 05:59 PM
From the Arizona Revised Statutes:
http://www.azleg.state.az.us/search/oop/qfullhit.asp?CiWebHitsFile=/ars/13/00910.htm&CiRestriction=firearm&CiBeginHilite=<b>&CiEndHilite=</b>&CiHiliteType=Full
In AZ, a federal felon may posses a firearm if the Superior Court judge accepts his application. And unless it was a violent crime, this may occur 3 years after "final discharge" (all probation, etc.) Now, I think it would be impossible to purchase a handgun, because the BATF does not recognize AZ's law. As for hunting with a bow in the mean time, in AZ I've found no law against it. It is, however, up to your PO, who fills out a form with restrictions. If there was no crime of violence, it is unlikely that they would ban a bow...or sharp knives, or baseball bats. :D I've seen this form, and it does call out firearms, but leaves a blank for other restrictions.

Cinammo
11-17-2004, 07:14 PM
So my 15 year old son cannot gun hunt with his father even if my husband isn't in possession of a gun and my son cannot have a gun in the house once my husband and I are indicted-am I assuming correctly? My husbands brother is a local police officer, will there be any special precautions he should take here? either of them?

cjjack
11-17-2004, 07:38 PM
You or your husband cannot be around guns period, for any reason. Probation will stress that to you. During our pre-release class at Bryan, the representative from the USPO office was asked many questions about this. Many ladies asked about their husbands having guns because they were hunters. The PO said no way.

mach1
11-17-2004, 09:49 PM
Cinammo~ I am fairly certain, a federal felony prohibits bows ... Now your brother-in-law is law enforcement so your husband will have no problem with him ... Hope this helps!! :)

coping
11-19-2004, 09:30 PM
My son said his attorney told him he possibly could get a permit to hunt with a shotgun. Is this determinded my state law? We are in Mississippi Also, what about a muzzle loader, is it considered a firearm?

mach1
11-19-2004, 09:39 PM
Coping ... If it is a federal felony ... Federal laws dictate and as such shotguns, or any firearms even bow hunting is NOT permitted ... Heck, you wouldn't even catch me around a pea-shooter I would never trust any words ... ALWAYS get it in writing from the USPO ... Hope this helps!! :)

pipkin
11-19-2004, 09:42 PM
Convicted felons lose their right to own or possess firearms. Call his lawyer and ask him, he should know.

SadMonkey
11-20-2004, 12:03 PM
Not about hunting, but a firearm in general...I, as the wife of a convicted felon, can still own and possess a handgun in our home, correct?

cjjack
11-20-2004, 01:50 PM
Probation told me that a gun is not allowed to be kept in the home, unless it is kept in a gun safe that the felon has no access to.

mach1
11-20-2004, 04:55 PM
Sadmonkey ... I agree wholeheartedly with Cjjack ... I would be shocked if they allowed him to be around a firearm even though you are legally allowed to have possession ... I would be certain to get it in writing from the USPO ... Hope this helps!! :)

SadMonkey
11-20-2004, 06:50 PM
OK, don't laugh, but I happened to be watching "Judge Joe Brown" (I said not to laugh!) and part of the case involved the wife having a gun. Judge Joe sort of off-handedly cited some case affirming the wife's constitutional right to possess a firearm for protection regardless of the fact of her husband being a felon. Perhaps this is where the locked gun cabinet comes into play?

cjjack
11-20-2004, 07:55 PM
Possibly, but I would follow whatever direction the USPO gives, and get it in writing. The penalty is too harsh to take any chances.

OnProb
11-23-2004, 12:36 AM
I've wondered about being around police officers myself. I have a couple good friends who are cops. Obviously, they carry guns. Could I be charged for being in their home or riding with them in the front seat of the cruiser? How about a felon being married to a cop? Surely there are laws addressing these possibilities.

MiamiChica22
11-23-2004, 07:48 AM
Trust me, ladies, discourage any of your men from even contemplating anything to do with pistols, rifles, shotguns, paint guns, starter pistols, flare guns, etc. The feds will come down on them like a ton of bricks if any firearms, EVEN AMMUNITION, is found anywhere near the convicted felon. I know of a fellow doing 15 years [he is a previously convicted felon] for a single bullet rolling around in a car he was not even driving. Take up hunting...with a camera.

Cinammo
11-23-2004, 09:25 AM
I'd like to know how this would be handled also. What if you are married to a police officer or a US Marshal and you become a convicted felon? This thing about not being around weapons or ammunition kinda worries me when it comes to my husband. I know he would never do anything intentionally I am afraid of something accidentally when he is with someone else, but then again you would have to be in trouble with the law somehow again for this to happen correct. I mean,you don't have "FELON" typed on your forehead, right? But I can see that coming soon also. We'll have to have a chip inplanted in our skin identifying us just as that.

tradewiz
12-21-2004, 05:53 PM
Does anyone know what the chances would be of a convicted felon (federal drug conspiracy) EVER having the opportunity to hunt again? He has been an avid deer hunter since he was a little boy, will he ever be able to hunt again?
No convicted felon can ever own or have in there possession a firearm. Period. You loss that right once your convicted of a felony.

Some states will even charge a felon for being in possesion of ammunition.

Also once convicted they can't run for public office or vote in a public election .

Honeymooner
12-21-2004, 06:32 PM
There's a chance that a cop could lose their job if married to a felon. After my husband was convicted, almost all of his law enforcement friends had to "back off." His brother is a cop, and he has to be careful with everything he does. As long as there are no "problems," then it's no big deal. And my husband's conviction was considered "white collar," so there are no issues with gangs, drugs, guns, etc. But, before he comes home, I have to get rid of my guns and all my ammo. Yes, one measly bullet can send him back.

Phoenix_Rising
12-21-2004, 07:24 PM
How can a cop lose their job? What law says that they can't associate with a felon? I've wondered about this, a lot. Would love more information.

Honeymooner
12-21-2004, 08:06 PM
Each department has their own rules about "fraternizing" with felons. I know a cop whose son was a convicted felon. Because it involved gangs/drugs/guns, she had to be very careful about how much contact she had with him.

cjjack
12-21-2004, 08:10 PM
It is generally a condition of supervised release to not have contact with or associate with a convicted felon. Permission must be granted by the probation officer to do so.

Phoenix_Rising
12-21-2004, 10:32 PM
I understand that I can't have contact with another felon, but a cop isn't a felon. I actually posed this question before. My boyfriend is a cop, I guess that's the excitement of waiting forever for prosecution! :P

mach1
12-22-2004, 06:58 AM
I don't know the answer here ... But, I have been told that law enforcement is OK to be around ... I certainly understand if a law enforcement officer is working in a specific field, he or she must be extra vigilant to ensure that they NEVER compromise the work they're involved with ... In other words, keep family felons away from their beat if it would at all compromise their objective/mission. Hope this helps ... :)

Honeymooner
12-22-2004, 03:52 PM
Phoenix-
The problem isn't the felon being around the cop--it's the cop being around a felon. There are cops that have been fired/resigned for "fraternizing" with felons. Your boyfriend needs to find out what his department's rules are when it comes to associating with convicted felons.

fedtime
12-29-2004, 11:10 AM
One solution to the gun issue: MOVE TO ANOTHER COUNTRY ASAP. Its pretty scary living in a country that will send you to prison for 15 years for a bullet accidentally being in your vicinity. Outrageous!!

MrsBus
12-29-2004, 12:49 PM
I would tell him to stear clear of any weapons - firearms will get him an automatic 5 years - remember Johnny Cochran on tv - "Even I can't get you off"?? As far as bow hunting, I think that would depend on various factors - fed or state crime, state laws, etc. My husband misses hunting as well - but he is not going to risk it all for it. Our son likes to hunt, but has to go with other family members - my husband does not go along as that is a risk we are not willing to take. Consequences stink, but you have to live with them.