Hunting with a felony?

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  • cg21

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    I have a friend who got convicted of a felony quite some time ago. I am just curious is it illegal for him to hunt with me using one of my shotguns??? By no means looking for legal advice, and I know I cannot print out this forum to show to police. Just wanted to see if anyone knew of the top of their head. I seem to remember reading on here it is ok for someone with a felony to shoot someone elses gun in their presence.


    Thanks.
     

    CathyInBlue

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    Unless he's gotten some post conviction relief (PCR), it's illegal for you to even hand him a firearm, let alone for him to carry it and hunt game with it. The disability for felons with guns encompasses mere possession. Everything else is just another topping on the huge :poop: sandwich convicted felons have to swallow.
     
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    cg21

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    thanks for the quick response! I thought for sure they could shoot the gun. I thought it would be similar to me handing a minor a gun to shoot.. since they also couldn't legally purchase the gun. thanks for the heads up I suppose we stick with bows.
     

    CathyInBlue

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    Minors aren't really disabled from owning long guns. They just have to come about their ownership by way of their parents. Similarly with possession.

    And not really sure if sticking with bows is a valid means to elude that disability. I'd study that law a lot more in depth and even consult a lawyer before grabbing a bow and heading to the woods. Actually, if your friendly neighborhood felon has to have a hunting license to participate, the people who are responsible for that licensure should be able to help you in this regard.
     

    cg21

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    well I had thought you were being polite till you had to get in your "friendly felon" remark.... regardless thanks for the quick responses. All I really wanted to clarify was the fact that possession was illegal. And now that I was informed of that I don't see this thread going anywhere educational if someone would like to close it that would be fine.
     

    Fargo

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    well I had thought you were being polite till you had to get in your "friendly felon" remark.... regardless thanks for the quick responses. All I really wanted to clarify was the fact that possession was illegal. And now that I was informed of that I don't see this thread going anywhere educational if someone would like to close it that would be fine.

    I don't think she was being impolite, there are valid concerns about some felons having weapons.

    In Indiana, state law generally is focused on whether you meet the definition of a "serious violent felon". If so, even blackpowder is off the table.

    Under federal law, felon = no firearms, but I believe blackpowder is exempted from that definition.

    I don't know of any Indiana or federal law regulating bowhunting by felons, BUT if a person were still on probation or parole the possession of a bow would probably be a violation of the "no weapons" term.

    See also this thread:

    https://www.indianagunowners.com/fo...176915-class-d-felony-can-you-still-hunt.html

    Best,

    Joe
     

    patience0830

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    well I had thought you were being polite till you had to get in your "friendly felon" remark.... regardless thanks for the quick responses. All I really wanted to clarify was the fact that possession was illegal. And now that I was informed of that I don't see this thread going anywhere educational if someone would like to close it that would be fine.

    Tender rumps get butt-hurt so easily. Glean the information but don't let it get under your skin. Cathy is a fairly reputable source around here, if a tiny bit snarky on occasion. Know the law before you pass the ammunition. You don't want to join your friend in the convicted felon class.
     

    Kirk Freeman

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    1. What kind of felony?

    If SVF, then no touching of a firearm of any type.

    If not SVF, then potentially blackpowder if your friend is off probation/parole.

    2. Tells us the conviction and we can answer your question.
     

    CathyInBlue

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    If blackpowder is on the table, then I would assume bows are as well, but to reiterate, if you need a license to hunt, I would assume the people responsible for hunting licenses will have answered this question a hundred times already.

    And "friendly, neighborhood felon" was my snark dial set to 0.5. You don't want to see me when I crank it to 11.
     

    churchmouse

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    well I had thought you were being polite till you had to get in your "friendly felon" remark.... regardless thanks for the quick responses. All I really wanted to clarify was the fact that possession was illegal. And now that I was informed of that I don't see this thread going anywhere educational if someone would like to close it that would be fine.

    Oh you would know if CIB was being rude my friend...she was actually helping you if you read the thread.

    A felon is a felon is a felon.....period. If he is a violent felon then he has put himself in that poop sandwich and does not get to play. If non-violent there are ways to get what CIB has mentioned to get this reduced or removed.
     

    Slawburger

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    (EDIT) I have seen A and B below stated but cannot find an authoritative source. (END EDIT)


    IANAL but this is my understanding. Please check carefully and independently to avoid more trouble.

    A) Felons may hunt with a bow in Indiana but not with a crossbow.
    B) Felons may hunt with a muzzleloader in Indiana but not if it has interchangeable barrels or uses #209 primers because then it is a firearm. Example: Encore and Optima Elite.
    C) If a felon is on still probation the rules change substantially. Check with his PO.
    D) A felon may petition to have his firearm rights restored. A SVF conviction makes this unlikely.

    There are multiple versions of IC 35-47-4-5 and the law changes after 07/01/14.

    IC 35-47-4-5 Version a
    Unlawful possession of firearm by serious violent felon
    Note: This version of section effective until 7-1-2014. See also following version of this section amended by P.L.158-2013, SEC.590, effective 7-1-2014, and following version of this section amended by P.L.214-2013, SEC.40, effective 7-1-2014.
    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 (IC 35-42-1-1);
    (2) voluntary manslaughter (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 (IC 35-42-2-1(a)(5));
    (B) Class B felony (IC 35-42-2-1(a)(4)); or
    (C) Class C felony (IC 35-42-2-1(a)(3));
    (5) aggravated battery (IC 35-42-2-1.5);
    (6) kidnapping (IC 35-42-3-2);
    (7) criminal confinement (IC 35-42-3-3);
    (8) rape (IC 35-42-4-1);
    (9) criminal deviate conduct (IC 35-42-4-2);
    (10) child molesting (IC 35-42-4-3);
    (11) sexual battery as a Class C felony (IC 35-42-4-8);
    (12) robbery (IC 35-42-5-1);
    (13) carjacking (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 (IC 35-44.1-2-5);
    (17) resisting law enforcement as a Class B felony or Class C felony (IC 35-44.1-3-1);
    (18) escape as a Class B felony or Class C felony (IC 35-44.1-3-4);
    (19) trafficking with an inmate as a Class C felony (IC 35-44.1-3-5);
    (20) criminal gang intimidation (IC 35-45-9-4);
    (21) stalking as a Class B felony or Class C felony (IC 35-45-10-5);
    (22) incest (IC 35-46-1-3);
    (23) dealing in or manufacturing cocaine or a narcotic drug (IC 35-48-4-1);
    (24) dealing in methamphetamine (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.
    As added by P.L.247-1999, SEC.1. Amended by P.L.14-2000, SEC.76; P.L.17-2001, SEC.17; P.L.222-2001, SEC.5; P.L.151-2006, SEC.21; P.L.126-2012, SEC.58.
     
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    Joe'Bronco

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    Anyone that has been conviced of a felony has a P.O. Have your "friend" get a letter from there P.O. stating if they can shoot a bow/black powder (anything else is really out of the question). That way you are 100% sure if they can or can not hunt. There may even be a problem if they want to go with you "camping" as i understand a felon can not be around firearms.
     

    Hohn

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    If blackpowder is on the table, then I would assume bows are as well, but to reiterate, if you need a license to hunt, I would assume the people responsible for hunting licenses will have answered this question a hundred times already.

    And "friendly, neighborhood felon" was my snark dial set to 0.5. You don't want to see me when I crank it to 11.


    That's odd, my snark dial must be missing some numbers-- the lowest is 3 :facepalm:
     
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