Class D felony, can you still hunt

[Indianajeff]

Class D felony, can you still hunt UPDATE ON ORIGINAL POST

UPDATE
I called the DNR law enforcement division and they said no he could not hunt with a muzzleoader as it is considered a firearm.




A friend of mine wants to hunt this year, unfortunaley his judgemnet to drink and drive got him caught. He has a class D felony. Can he hunt during the gun deer season with a muzzleloader, or can he even hunt at all?

 

[shooter1054]

There's always archery seasons.As for a muzzleloader, I think that's still out. But I might be wrong.

 

[Mosinowner]

A friend of mine wants to hunt this year, unfortunaley his judgemnet to drink and drive got him caught. He has a class D felony. Can he hunt during the gun deer season with a muzzleloader, or can he even hunt at all?

Isn't drinking and driving a misdemeaner? I don't think he can have access to a firearm. Of course I'm in texas so it might be different in Indiana (The drinking and driving) Maybe he could use a crossbow?

 

[RBrianHarless]

If you have a felony in the state of Indiana you lose all firearms privileges. I could be wrong and you may want to check with someone at DNR or the ISP.

 

[Indianajeff]

I didn't think he could either, he swears he can, I will call the DNR myself and ask, because he wants to hunt with me, I'm not risking my ass over it.

 

[tradertator]

I thought he could own and purchase a muzzle loader?

 

[Indianajeff]

Well, no paperwork on a ML, so I don't see a problem with that, but, you never know I guess

 

[RichardR]

IC 35-47-2-19
Application of chapter
Sec. 19. This chapter does not apply to any firearm not designed to use fixed cartridges or fixed ammunition, or any firearm made before January 1, 1899.
As added by P.L.311-1983, SEC.32.

 

[Kirk Freeman]

If you have a felony in the state of Indiana you lose all firearms privileges.

Where in the wide, wide world of sports is this coming from?

No, you do not.

1. Indiana disqualifies you for offenses that are encompassed in SVF (Serious Violent Felon).

IC 35-47-4-5
Unlawful possession of firearm by serious violent felon
Sec. 5. (a) As used in this section, "serious violent felon" means a person who has been convicted of:
(1) committing a serious violent felony in:
(A) Indiana; or
(B) any other jurisdiction in which the elements of the crime for which the conviction was entered are substantially similar to the elements of a serious violent felony; or
(2) attempting to commit or conspiring to commit a serious violent felony in:
(A) Indiana as provided under IC 35-41-5-1 or IC 35-41-5-2; or
(B) any other jurisdiction in which the elements of the crime for which the conviction was entered are substantially similar to the elements of attempting to commit or conspiring to commit a serious violent felony.
(b) As used in this section, "serious violent felony" means:
(1) murder (<A name=IC35-42-1-1>IC 35-42-1-1);
(2) voluntary manslaughter (<A name=IC35-42-1-3>IC 35-42-1-3);
(3) reckless homicide not committed by means of a vehicle (IC 35-42-1-5);
(4) battery as a:
(A) Class A felony (<A name=IC35-42-2-1>IC 35-42-2-1(a)(5));
(B) Class B felony (<A name=IC35-42-2-1>IC 35-42-2-1(a)(4)); or
(C) Class C felony (<A name=IC35-42-2-1>IC 35-42-2-1(a)(3));
(5) aggravated battery (<A name=IC35-42-2-1.5>IC 35-42-2-1.5);
(6) kidnapping (<A name=IC35-42-3-2>IC 35-42-3-2);
(7) criminal confinement (<A name=IC35-42-3-3>IC 35-42-3-3);
(8) rape (<A name=IC35-42-4-1>IC 35-42-4-1);
(9) criminal deviate conduct (<A name=IC35-42-4-2>IC 35-42-4-2);
(10) child molesting (<A name=IC35-42-4-3>IC 35-42-4-3);
(11) sexual battery as a Class C felony (<A name=IC35-42-4-8>IC 35-42-4-8);
(12) robbery (<A name=IC35-42-5-1>IC 35-42-5-1);
(13) carjacking (<A name=IC35-42-5-2>IC 35-42-5-2);
(14) arson as a Class A felony or Class B felony (IC 35-43-1-1(a));
(15) burglary as a Class A felony or Class B felony (IC 35-43-2-1);
(16) assisting a criminal as a Class C felony (<A name=IC35-44-3-2>IC 35-44-3-2);
(17) resisting law enforcement as a Class B felony or Class C felony (<A name=IC35-44-3-3>IC 35-44-3-3);
(18) escape as a Class B felony or Class C felony (IC 35-44-3-5);
(19) trafficking with an inmate as a Class C felony (IC 35-44-3-9);
(20) criminal gang intimidation (<A name=IC35-45-9-4>IC 35-45-9-4);
(21) stalking as a Class B felony or Class C felony (IC 35-45-10-5);
(22) incest (<A name=IC35-46-1-3>IC 35-46-1-3);
(23) dealing in or manufacturing cocaine or a narcotic drug (IC 35-48-4-1);
(24) dealing in methamphetamine (<A name=IC35-48-4-1.1>IC 35-48-4-1.1);
(25) dealing in a schedule I, II, or III controlled substance (IC 35-48-4-2);
(26) dealing in a schedule IV controlled substance (IC 35-48-4-3); or
(27) dealing in a schedule V controlled substance (IC 35-48-4-4).
(c) A serious violent felon who knowingly or intentionally possesses a firearm commits unlawful possession of a firearm by a serious violent felon, a Class B felony.

2. If you have almost any felony conviction then you are disqualified on the federal level under 18 USC §922, et seq.

3. Federal law does not consider muzzleloaders to be firearms.

4. Indiana law does consider muzzleloaders to be firearms.

What's this jumble of words mean, Freeman? Glad you asked.

If your friend is not SVF and wants to use a muzzleloader, then he can go hunting with a muzzleloader (assuming proper license from IDNR).

 

[Kirk Freeman]

IC 35-47-2-19
Application of chapter
Sec. 19. This chapter does not apply to any firearm not designed to use fixed cartridges or fixed ammunition, or any firearm made before January 1, 1899.
As added by P.L.311-1983, SEC.32.

Danger, Will Robinson, danger, Will Robinson, only talking about Chapter 2!!!


[ame]http://www.youtube.com/watch?v=JYfM-frIWlQ[/ame]

 

[shooter1054]

You don't have to fill out a 4473 when you buy a muzzleloader. At least I didn't the last time I bought one (2-3 years ago). Checking about the regulations with those who enforce them would be your best bet. Those on the internet have been wrong. Hard to believe I know.

 

[Dead Duck]

Are you sure you want to stand next to someone in the woods with this kind of judgment, and then ARM him?
How about a Cork Gun.

 

[sig shooter]

He can have a muzzle loader as long as it uses # 11 caps. If it uses 209 primers then he would need to complete a yellow form. As for the felony for OVWI if he has had 2 within 5 years then yes it is a felony.

 

[Walt_Jabsco]

Where in the wide, wide world of sports is this coming from?

2. If you have almost any felony conviction then you are disqualified on the federal level under 18 USC §922, et seq.

Looks like right there, as far as I'm reading it.

 

[singlestacksig]

He can have a muzzle loader as long as it uses # 11 caps. If it uses 209 primers then he would need to complete a yellow form. As for the felony for OVWI if he has had 2 within 5 years then yes it is a felony.

you are joking right? the primer does not matter..

 

[Indianajeff]

Are you sure you want to stand next to someone in the woods with this kind of judgment, and then ARM him?
How about a Cork Gun.

LOL...........He's gonna be on the other side of feild, in the next woods, at the bottom ofa hill.............seriously

 

[Kirk Freeman]

Looks like right there, as far as I'm reading it.

18 USC §922 is federal law, not Indiana law. Federal law is far more restrictive than Indiana law.

 

[revolvers&w]

Virtually anything

Duck Hunt and Space Invaders.

 

[4x4]

If you have a felony in the state of Indiana you lose all firearms privileges. I could be wrong and you may want to check with someone at DNR or the ISP.

This needs to be changed. Completely ridiculous.

 

[4x4]

Are you sure you want to stand next to someone in the woods with this kind of judgment, and then ARM him?
How about a Cork Gun.

It could have been 10 years ago, and he might have made one bad decision to drink and drive which resulted in a felony. You really think this should disqualify him from owning a firearm (which had nothing to do with his felony) for the rest of his life? I hope you dont claim to support the 2nd Amendment.