RE: Convicted Fellon
 

Again, I'm willing to take my chances in court. Texas penal code 46.01 will be my defense.
bsurplus2003, I didn't mean to offend or ruffle feathers. My apologies if you took it that way. I really think there is a "regional" aspect to this whole debate. In a more liberal state I think I could run into some problems. Even in the wrong courtroom here in Tx I could run into a judge that could see the definition of "firearm" as including MLs. But because of the way TX46.01 is written I feel confidant I would walk. I called the Henderson county Tx D.A. last night. (He is an aquaintance of my wife, she works at a battered womens shelter). When asked if he would persue charges against a felon in Possession of a ML he responded that he would only do so if the weapon were used during the commission of another crime. He is also of the opinion that most D.A.s would respond the same way. The federal description of firearm lets me walk in Tx.

RE: Convicted Fellon
 

New Yorkdoes not make the connection between a hunting license and somebody that is a convicted felon. I know this first hand because I hunt with one. He's a great guy that got himself into trouble a about 10 yearsago by gettingtwo DWI's. He buysa full NY Sportman's license and he hunts bow, shot gun and andmuzzle loader season.

RE: Convicted Fellon
 

Heres what I dug up out of one of my old law books when I was in the Police Accademy:


WHO MAY NOT POSSESS FIREARMS

Discussed below are the categories of persons not permitted to possess firearms – felons, minors, the mentally ill, and persons under court-ordered abuse or harassment injunctions.

S Felons. Both Wisconsin and federal law prohibit felons from possessing firearms, but federal law allows individual states to determine what constitutes a restoration of civil rights for the purpose of firearm ownership. Although many states allow previously convicted felons to possess firearms after a certain number of years following completion of their sentences, Wisconsin requires that the felon must generally receive a pardon from the governor before being given a permit to own a gun [s. 941.29
(5) (b)]. In some cases, a felon may be able to obtain a gun by getting someone with a clean record (a "straw buyer") to buy the weapon. Possession by the felon would still be illegal, but the straw buyer would not be charged with a crime unless the person was aware, at the time of purchase, that the gun would be used in a crime or that the person the gun was being bought for was a felon [ss. 941.29 (1) (a) and 939.05].


Minors. Generally, both federal and state law prohibit persons under the age of 18 from possessing firearms [s. 948.60], but Wisconsin makes exceptions for long guns used for hunting or firearms used during adult-supervised activities such as target shooting. On the other hand, children adjudicated delinquent based on a felony may not own any type of gun, and school districts must suspend pupils found in possession of a firearm either on school property or while under the supervision of a school authority, such as on a field trip [s. 120.13 (1) (bm)].


Mentally Ill. Persons charged with a felony but found not guilty or not responsible for the crime due to mental illness may not possess firearms. This ban extends to a person who has been involuntarily committed for treatment of mental illness, drug dependency, or developmental disability if the court deems the person to be a threat to self or others. For those involuntarily committed, the court must order the person’s firearms seized or stored until the person is judged to no longer suffer from the mental illness and is no longer likely to be a danger to the public [s. 941.29
(1) (d)].

S Persons Under Abuse or Harassment Injunctions. Wisconsin law bars possession of a firearm in cases where a person is under a court-ordered injunction or restraining order for domestic abuse, child abuse, or harassment [ss. 813.12 (4m), 813.122 (5m), and 813.125 (4m)]. Such persons are required to surrender their firearms to the county sheriff or a third party approved by the court. Federal law also prohibits a person under a restraining order due to domestic violence from possessing a firearm.


Hunting by Children. Wisconsin hunting laws provide that children under the age of 16 may use long guns under the following conditions [s. 29.227]: 1) Children under 12 may possess a long gun only during a hunter education class or under parental supervision while traveling to and from class. 2) Children ages 12 and 13 may possess a long gun under the above conditions or if they are with a parent or guardian or are on their family’s land; they need not be under a parent’s supervision to transport the firearm to and from a hunter education class. 3) Children ages 14 and 15 may possess a long gun under the above conditions and they may hunt on their own if they have been issued a certificate of accomplishment through the hunter education program or a similar program in another state.


S Hunting by the Disabled From Vehicles. The Wisconsin Department of Natural Resources may permit persons with certain medically verified permanent or temporary physical disabilities to shoot or hunt from a stationary car, truck, snowmobile, or all-terrain vehicle [s. 167.31 (4)].

RE: Convicted Felon
 

Coming from law enforcement back ground I can tell you something that most are missing. Muzzle loader can be considered a primitive weapon in some states however federal law prohibits a convicted felon from possessing a firearm. It also prohibits a convicted felon from possession the powder (black, smokeless) and any other form of propellant used in firearms. So even if you can get a muzzle loader you still can't legally load it or shoot it. Fed law covers all states so if your state has a loophole the feds can still get you. That said in these days finding a fed authority from and branch that would take the time to try to go out a enforce this is like next to nothing. You would have to really draw attention to yourself to or be carrying very large quantities of some type of explosive to get the feds after you.

RE: Convicted Felon
 

THANK YOU................

RE: Convicted Fellon
 

Any felon may not possess or use any firearm of any sort. They may however possess/use an Air Rifle, Bow or Sling Shot. They may also trap. However if you are a felon and would like to use a Fire Arm, depending on the charge, you could put in a Pardon to the courts and explain you're case and if they do grant you the pardon or reduce it to a misdemeanor then there you go. Of course you should know this may take awhile and not to mention you need to show you have changed. :D I do alot of research. LOL.

RE: Convicted Felon
 

This is the big picture, I think some on here have missed. Not sure how they have, but have managed to not get it.

RE: Convicted Felon
 

Doing a research on Muzzleloaders in the BATF I ran across something interesting that I didn't know,

Q. Is the Savage model 10ML rifle which has the characteristics of both a modern firearm and a muzzleloader regulated under the Gun Control Act?
A. ATF has classified the Savage model 10ML as a rifle that would fall under the purview of the Gun Control Act. For additional information about the classification of this firearm or any other firearm, you should contact the Firearms Technology Branch at (202) 927-7910.

RE: Convicted Felon
 

I just found this on the ATF website. Statute 555.106. Makes it illegal for me to possess blackpowder. I now have to decide if I'm willing to risk it. Despite Tx law which says its OK. The feds clearly say its not OK. Dang! Its been over 20 years since my conviction, itmay be time to try for a pardon. I wonder how often it is enforced.

RE: Convicted Felon
 

tell you what... Go for the pardon first... you get caught with that rifle and they do wanna go after u then u wont be getting that pardon... better be safe than sorry... if its been 20 years I dont see why they wouldent at the least reduce it to a misdeamonor or reinstate you're right to carry a firearm... just explain its becuz you would like to hunt Muzzleloader for deer and make sure the official residing isent an anti-hunter and ur safe...