Class D felony, can you still hunt

[Zoub]

I prefer to get my free legal advice at the Meat Dept at my local grocery store. Those guys know their Sh**. Seriously.

Maybe he should contact his current/previous Probation officer, the court or the DNR. I always thought muzzleloaders were OK for felons. Then again, if I were a Felon I would know that for sure.

There are times when you can not buy a license but those are usually listed on the DNR web site. Like if you are behind on court ordered child support etc....

 

[Goober135]

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.

EXACTLY! I have a few friends who have gotten DUI/OWI's and are outstanding citizens! They made one poor choice and got caught. They've never done it again and for most of them, this is the FIRST time they've ever been charged with anything...

 

[CarmelHP]

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

Muzzleloaders are "antique firearms" for federal purposes and not regulated.

[FONT=Arial, Helvetica, sans-serif]§ 921. Definitions
(a) As used in this chapter –[/FONT][FONT=Arial, Helvetica, sans-serif](16) The term "antique firearm" means -
(A) any firearm (including any firearm with a matchlock, flintlock, percussion
cap, or similar type of ignition system) manufactured in or before 1898; or
(B) any replica of any firearm described in subparagraph (A) if such replica -
(i) is not designed or redesigned for using rimfire or conventional
centerfire fixed ammunition, or
(ii) uses rimfire or conventional centerfire fixed ammunition which is no
longer manufactured in the United States and which is not readily available in
the ordinary channels of commercial trade; or
(C) any muzzle loading rifle, muzzle loading shotgun, or muzzle loading pistol,
which is designed to use black powder, or a black powder substitute, and which
cannot use fixed ammunition. For purposes of this subparagraph, the term “antique
firearm” shall not include any weapon which incorporates a firearm frame or
receiver, any firearm which is converted into a muzzle loading weapon, or any
muzzle loading weapon which can be readily converted to fire fixed ammunition by
replacing the barrel, bolt, breechblock, or any combination thereof.[/FONT]

 

[loony1]

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?

1 in 5 years is a misdemeanor, 2 in 5 years is a felony and so is 3 in 10 years.

 

[Dead Duck]

I did 10 years once - then divorced her. Prison would have been easier.

 

[Goober135]

I did 10 years once - then divorced her. Prison would have been easier.

^^^

 

[tgallmey]

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?

if youve had more than 2 in 5 years I think its a felony

 

[msd]

He can use a bow, or muzzleloader.
Nice thing is, the new inline styles shoot more accurate than the avg slug gun do anyways. IMHO


Being on probation negates any gun usage. Only reason why I know this is from my son being on probation for illegal transportation of alcohol by a minor.
He's not going to be able to deer hunt this yr except with a bow or muzzleloader

 

[IndianaGTI]

EXACTLY! I have a few friends who have gotten DUI/OWI's and are outstanding citizens! They made one poor choice and got caught. They've never done it again and for most of them, this is the FIRST time they've ever been charged with anything...

One mistake won't get you a felony for DUI. You have to make multiple.

E.g. multiple OWI's, OWI with a child in your car, OWI resulting in serious bodily injury.

 

[Clay]

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

I believe he is right. There is some issue with 209 fired muzzle loaders being considered a firearm just like a centerfire rifle for multiple reasons. I'm trying to find more info.

 

[Clay]

Here you go, here is the 'clarification' from the BATFE:

We frequently receive questions concerning the sale of modern in-line muzzle loading rifles. Several years ago ATF determined that an in-line muzzle loading rifle using #209 shotgun primers for ignition was not an antique firearm and was subject to all provisions of the Gun Control Act (GCA). However, the GCA was amended in 1998 and many in-line muzzle loading rifles are now antique firearms and are excluded from the provisions of the GCA.

As defined in section 921(a)(16) of Title 18, U.S.C. the term “antique firearm” means –

(A) any firearm (including any firearm with a matchlock, flintlock, percussion cap, or similar type of ignition system) manufactured in or before 1898; or

(B) any replica of any firearm described in subparagraph (A) if such replica —

(i)is not designed or redesigned for using rimfire or conventional centerfire fixed ammunition, or

(ii) uses rimfire or conventional centerfire fixed ammunition which is no longer manufactured in the United States and which is not readily available in the ordinary channels of commercial trade; or

(C) any muzzle loading rifle, muzzle loading shotgun, or muzzle loading pistol, which is designed to use black powder, or a black powder substitute, and which cannot use fixed ammunition. For purposes of this subparagraph, the term “antique firearm” shall not include any weapon which incorporates a firearm frame or receiver, any firearm which is converted into a muzzle loading weapon, or any muzzle loading weapon which can be readily converted to fire fixed ammunition by replacing the barrel, bolt, breechblock, or any combination thereof.

Many modern in-line muzzleloaders including those that use #209 shotgun primers for ignition now meet the definition of “antique firearm” and are excluded from the provisions of the GCA. However, there are some muzzleloaders that are still firearms subject to GCA controls. For example, firearms which can be switched from muzzleloaders to breechloaders by exchanging the barrel are still GCA firearms. In addition, a modern firearm that is altered to function as a muzzleloader is still a firearm.

The following are some examples of muzzleloaders that are still GCA firearms:

Thompson Center G2 Contender 209-45
Thompson Center Encore 209-50
The H&R 1871 Huntsman
Rossi S50
Mauser 98 fitted with a muzzle loading barrel
Remington 870 fitted with a muzzle loading barrel
Mossberg 500 fitted with a muzzle loading barrel

Although antique firearms are not subject to GCA controls, dealers should be aware that ammunition, including shotgun primers, is still subject to GCA controls. Persons who are otherwise prohibited from possessing firearms may purchase and possess antique firearms; however, such persons are still prohibited from possessing and receiving ammunition, including shotgun primers, as provided in sections 922(g) and (n) of the GCA respectively. Such persons may possess ammunition for antique firearms such as percussion caps, minie balls, and 50 pounds or less of black powder for sporting, recreational, or cultural purposes.

Antique firearms are still subject to whatever State laws and local ordinances may apply.

Link: http://www.google.com/url?sa=t&rct=j&q=&esrc=s&source=web&cd=8&ved=0CGcQFjAH&url=http%3A%2F%2Fwww.atf.gov%2Fpublications%2Fnewsletters%2Fffl%2Fffl-newsletter-2005-02.pdf&ei=-56yTrq6Bou3twecqP3YAw&usg=AFQjCNFySgCU-juet0NWrBoa8lnoIee_bA

 

[singlestacksig]

I believe he is right. There is some issue with 209 fired muzzle loaders being considered a firearm just like a centerfire rifle for multiple reasons. I'm trying to find more info.

it looks like the primer alone is not the GCA factor..

 

[Clay]

it looks like the primer alone is not the GCA factor..

it was originally but they changed it to not be specific to the primer and look at whether it can be made to use as a centerfire rifle.