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Thread: Felony and Hunting

  1. #1
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    Felony and Hunting

    I have been doing a lot of reading on here and the web and there is no real direct answer. SO here goes. I was convicted over 14 years ago of a class 5 non-violent (theft) felony. NO jail time served. 1.5 years on a 3 year probation term. ALL fines paid within 6 months, and no trouble except a heavy foot since. My question is can I legally own a firearm for hunting? I would love to be able to take my sons hunting just as my grandfather did with me.

    I have looked around and this seems to be the place to gather info. The people on here seem to know what they are talking about and hope fully this will be the place I can find what I am looking for?

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    Regular Member DocWalker's Avatar
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    Quote Originally Posted by anthonyl79 View Post
    I have been doing a lot of reading on here and the web and there is no real direct answer. SO here goes. I was convicted over 14 years ago of a class 5 non-violent (theft) felony. NO jail time served. 1.5 years on a 3 year probation term. ALL fines paid within 6 months, and no trouble except a heavy foot since. My question is can I legally own a firearm for hunting? I would love to be able to take my sons hunting just as my grandfather did with me.

    I have looked around and this seems to be the place to gather info. The people on here seem to know what they are talking about and hope fully this will be the place I can find what I am looking for?
    I'm no lawyer and laws vary from state to state. My suggestion is to consult a lawyer about getting your record cleared. I know for a lot of crimes you can ask to have your record cleared after so many years. A local lawyer should be able to advise you on if this is possiable and how to do it. This would not only allow you to hunt but to protect yourself by being allowed to carry for self defense.

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    Laws applying to felonies generally apply to firearms. You could always consider bowhunting. I'm sure you know as well as anyone that actually shooting the game is a tiny fraction of hunting. You can teach your boys the skills to pursue their game and, if you're an old dog uninterested in new tricks like me, let them learn bow proficiency in your local 4H chapter.

    Check the CO regs on the Division of Wildlife site or in any of the hunting brochures. I think there's something about preventing deadbeat Dads and wife beaters from getting hunting licenses, but other laws only apply to firearm possession. Not bows, slingshots, etc.
    Last edited by mahkagari; 06-11-2012 at 06:17 PM.

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    Regular Member Bellum_Intus's Avatar
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    Quote Originally Posted by mahkagari View Post
    Laws applying to felonies generally apply to firearms. You could always consider bowhunting. I'm sure you know as well as anyone that actually shooting the game is a tiny fraction of hunting. You can teach your boys the skills to pursue their game and, if you're an old dog uninterested in new tricks like me, let them learn bow proficiency in your local 4H chapter.

    Check the CO regs on the Division of Wildlife site or in any of the hunting brochures. I think there's something about preventing deadbeat Dads and wife beaters from getting hunting licenses, but other laws only apply to firearm possession. Not bows, slingshots, etc.
    Can't hunt with a bow In Colorado unless the conviction was prior to 1994. Colorado considers crossbows and bows 'dangerous weapons' and does not allow felons to possess them. This is in conflict with Federal law, however, is valid.

    (also, from my atty)
    If you keep guns at your place, it is critical that no convicted felon have access to them. A gun safe or locking cabinet is probably all right if the felon does not have the key or combination. A trigger lock might not suffice if the felon could still handle the gun. "Possess" means the ability to determine what happens with or to a gun, even from a distance, so it's necessary to prevent access altogether.
    (end)

    To regain your 2a Rights in Colorado, The feds have a procedure for having one's right to possess guns restored; it involves submitting a petition of some kind to the ATF. If the feds restore a person's right to possess guns, the state will do likewise. (usually)
    Kenaz Tactical Group

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    Quote Originally Posted by Bellum_Intus View Post
    Can't hunt with a bow In Colorado unless the conviction was prior to 1994. Colorado considers crossbows and bows 'dangerous weapons' and does not allow felons to possess them. This is in conflict with Federal law, however, is valid.
    Well, ****.

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    Regular Member Bellum_Intus's Avatar
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    Quote Originally Posted by mahkagari View Post
    Well, ****.
    Same thing I said... I have a friend who made a mistake and is paying for it for life it seems..
    One of those 'laws' I think should be looked at.. non violent felons (while still felons) should not lose their 2A rights IMO..
    Write a bad check over 500 bucks and you're screwed for a while at least.. >.<

    --Rob
    Kenaz Tactical Group

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    Activist Member SigGuy23's Avatar
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    To regain your 2a Rights in Colorado, The feds have a procedure for having one's right to possess guns restored; it involves submitting a petition of some kind to the ATF. If the feds restore a person's right to possess guns, the state will do likewise. (usually)
    How would one go about submitting this petition. My father want's to get a few guns for home defense and target shooting. He unfortunately has felonies. They go way back almost 20 years.

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    Regular Member Bellum_Intus's Avatar
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    Quote Originally Posted by SigGuy23 View Post
    How would one go about submitting this petition. My father want's to get a few guns for home defense and target shooting. He unfortunately has felonies. They go way back almost 20 years.
    The state in which you were convicted must offer a Reduction to Misdemeanor, it's usually a matter of going to the county court where you were charged and filling out a request to reduce. Will usually not be considered unless the case is closed for 5-10 years. You'd appear in front of the judge and ask to renew 2a rights, if the DA has no objection, then it will likely be approved. If it's a violent felony, or DV related, it'd be a stretch..

    The Fed route, I don't know off hand..

    --Rob
    Kenaz Tactical Group

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    "Socialist governments traditionally do make a financial mess. They [socialists] always run out of other people's money. It's quite a characteristic of them."
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    There is a process, it involves petioning the Govoner for a pardon which involves lots of letter writing and lots of good references from reliable ciizens who have known you for a while who write letters in your behalf, as said above a lawyer could be more help but that is the basic process. Good Luck

    ch

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    Quote Originally Posted by Bellum_Intus View Post
    Same thing I said... I have a friend who made a mistake and is paying for it for life it seems..
    One of those 'laws' I think should be looked at.. non violent felons (while still felons) should not lose their 2A rights IMO..
    Write a bad check over 500 bucks and you're screwed for a while at least.. >.<
    It's really ridiculous. I looked into this when my men's organization wanted to exclude "anyone convicted of a felony in any federal or state jurisdiction". I pointed out the ridiculous things considered felonies and the egregious things considered misdemeanors. Particularly if committed decades ago. Fun fact: In CO, voter fraud is a felony however trading in public office is a misdemeanor. So, get the book thrown at you for forgetting your ID to vote, lose your 2A rights. Abuse your elected position for personal gain, slap on the wrist.

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    Activist Member SigGuy23's Avatar
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    Quote Originally Posted by Bellum_Intus View Post
    The state in which you were convicted must offer a Reduction to Misdemeanor, it's usually a matter of going to the county court where you were charged and filling out a request to reduce. Will usually not be considered unless the case is closed for 5-10 years. You'd appear in front of the judge and ask to renew 2a rights, if the DA has no objection, then it will likely be approved. If it's a violent felony, or DV related, it'd be a stretch..

    The Fed route, I don't know off hand..

    --Rob
    I just looked up the Restoration from ATF. It said to contact the Attorney General of the state for a state conviction.
    I just called my dad and told him to call them and find out what the process is.

  12. #12
    Herr Heckler Koch
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    The issue is current in Wisconsin.

    http://www.jsonline.com/news/wiscons...158495645.html
    Quote Originally Posted by MJS
    A Hartford man charged with being a felon in possession of a firearm after he bagged two deer with his father's gun has asked the state Supreme Court to review his case.

    Thomas M. Pocian, 44, of Hartford argues the state law that bans felons from carrying guns is unconstitutional because it doesn't distinguish between violent and nonviolent felons.

    In 1986, Pocian was convicted of three felonies for writing nearly $1,500 worth of forged checks with a friend. Pocian, who was 18 at the time, paid restitution and was sentenced to three years' probation, according to court records.

    In November 2008, Pocian shot the two deer and registered them with the state Department of Natural Resources. Because Pocian used a gun, Washington County District Attorney Mark Bensen filed the new charge.

    Pocian was charged under a state law that bans any felon from having or using a gun for any reason - for life. If convicted, he faces a maximum penalty of 10 years in prison, a fine of $25,000, or both. The case is on hold while the appeal on the constitutional question is pending.

    Pocian first asked Washington County Circuit Judge Todd K. Martens to throw out the charge. Martens refused.

    In April, the state Court of Appeals agreed with Martens.

    On Monday, Pocian filed a petition asking the state Supreme Court to review his case. Pocian argues the law "is unconstitutional as applied to him, considering the crime, the time that passed since his conviction and his law-abiding history." It also is unconstitutional because it treats all felons the same - regardless of their crimes - and bans them from carrying guns without trying to determine whether they are likely to commit gun-related acts of violence in the future, Pocian's petition says.

    Pocian also argued the law is overly broad.

    "Oddly, although Wisconsin's felon-in-possession law includes countless nonviolent felonies, individuals convicted of violent and dangerous misdemeanors may retain their right to keep and bear arms," the petition says. "This inconsistency tends to undermine the law's proffered public-safety basis."

    The fact that felons lose their right to bear arms forever is another problem, the petition says.

    "Individuals convicted many years earlier of a nonviolent felony have no meaningful opportunity to regain their right to keep and bear arms for hunting or for defense of self, family and home," the petition says. "However, upon completing their sentences, those same felons have their other fundamental civil rights restored, including their right to vote."

    The state attorney general's office is handling the case on appeal. Steven P. Means, executive assistant attorney general, said Monday the state had not yet filed a response.

    "Although I can't say definitively that we will oppose the petition before we actually analyze it, I don't know of any reason at this time why we wouldn't oppose it," he said in an email.

    In past filings, the state argued the Second Amendment applies only to self-defense and that the right to bear arms can be restricted by the Legislature to preserve public safety. And while state attorneys conceded that Pocian "at first blush, presents a sympathetic case," they contended that all felons, regardless of the nature of their past crimes, pose a safety threat to the public.
    "Does anyone here know the proper definition of felony, does it differentiate violent and non-violent? Look to Wisconsin Statute 939.60 to see that it is predicated on punishment and not on a particular crime.

    If a felon may properly be disbarred his rights under of law, then we can all be legally disarmed merely by sufficiently lowering the bar of felony as has been done to stressed veterans and alleged abusers.

    If you can't do the time then don't do the crime." Good people ought to be armed as they will, with wits and Guns and the Truth.
    Last edited by Herr Heckler Koch; 06-12-2012 at 06:30 AM.

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    Something that I keep reading is that Colorado will reinstate your civil rights as soon as you are off parole or probation. Civil rights to me are voting and the right to bear arms. So do they have the choice to determine what civil rights we get now?

    @SigGuy if you can let me know what you come up with that would be awesome.

    I have been doing a lot of reading and something that I read about was to contact our local congressmen. Did that yesterday so can't wait to see how long that takes.

    Getting you record expunged seems to be a hard task. I have called several lawyers in Colorado and non of them do it. So still in the hunt for an attorney that can do that or offer advice as well.

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    Activist Member SigGuy23's Avatar
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    Quote Originally Posted by anthonyl79 View Post
    Something that I keep reading is that Colorado will reinstate your civil rights as soon as you are off parole or probation. Civil rights to me are voting and the right to bear arms. So do they have the choice to determine what civil rights we get now?

    @SigGuy if you can let me know what you come up with that would be awesome.

    I have been doing a lot of reading and something that I read about was to contact our local congressmen. Did that yesterday so can't wait to see how long that takes.

    Getting you record expunged seems to be a hard task. I have called several lawyers in Colorado and non of them do it. So still in the hunt for an attorney that can do that or offer advice as well.
    My dad is from Utah. So it's probably different then Colorado. I will still let you know. I read the civil rights thing too. My dad has his restored and votes and everything. I'm pretty sure if he tried to get a gun he would be denied though.

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    Regular Member Bellum_Intus's Avatar
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    Quote Originally Posted by anthonyl79 View Post
    Something that I keep reading is that Colorado will reinstate your civil rights as soon as you are off parole or probation. Civil rights to me are voting and the right to bear arms. So do they have the choice to determine what civil rights we get now?

    @SigGuy if you can let me know what you come up with that would be awesome.

    I have been doing a lot of reading and something that I read about was to contact our local congressmen. Did that yesterday so can't wait to see how long that takes.

    Getting you record expunged seems to be a hard task. I have called several lawyers in Colorado and non of them do it. So still in the hunt for an attorney that can do that or offer advice as well.
    Voting rights are restored yes, but not 2a rights unless you petition the court. IMO non violent offenders should not have to suffer with losing ANY civil rights after they have 'paid their due' ..
    Kenaz Tactical Group

    "They who can give up essential liberty to obtain a little temporary safety, deserve neither liberty nor safety." - Benjamin Franklin

    "Socialist governments traditionally do make a financial mess. They [socialists] always run out of other people's money. It's quite a characteristic of them."
    --Margaret Thatcher

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    @SigGuy - Any info is helpful at this point.

    @Bellum - I agree non-violent offenders should not have to suffer the rest of their lives for a mistake. Some of these people think that they are better than other beacuse they don't have a felony, wonder how they would feel when a speeding ticket turns to a felony and they loose they rights. No one is perfect and everyone makes a mistake, but we are human and we learn (most of us) from out mistakes.

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    Regular Member Bellum_Intus's Avatar
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    Quote Originally Posted by anthonyl79 View Post
    @SigGuy - Any info is helpful at this point.

    @Bellum - I agree non-violent offenders should not have to suffer the rest of their lives for a mistake. Some of these people think that they are better than other beacuse they don't have a felony, wonder how they would feel when a speeding ticket turns to a felony and they loose they rights. No one is perfect and everyone makes a mistake, but we are human and we learn (most of us) from out mistakes.
    My Atty doesn't work for free, but I can give you his information via PM .. he may ask for a retainer.. At least he'll talk to you, just let him know 'Robert Butler' referred you. PM me if you want the contact information.

    --Rob
    Kenaz Tactical Group

    "They who can give up essential liberty to obtain a little temporary safety, deserve neither liberty nor safety." - Benjamin Franklin

    "Socialist governments traditionally do make a financial mess. They [socialists] always run out of other people's money. It's quite a characteristic of them."
    --Margaret Thatcher

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    Quote Originally Posted by Bellum_Intus View Post
    My Atty doesn't work for free, but I can give you his information via PM .. he may ask for a retainer.. At least he'll talk to you, just let him know 'Robert Butler' referred you. PM me if you want the contact information.

    --Rob
    PMed ---- thanks!

  19. #19
    Regular Member Bellum_Intus's Avatar
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    Quote Originally Posted by anthonyl79 View Post
    PMed ---- thanks!
    Sent =)

    --Rob
    Kenaz Tactical Group

    "They who can give up essential liberty to obtain a little temporary safety, deserve neither liberty nor safety." - Benjamin Franklin

    "Socialist governments traditionally do make a financial mess. They [socialists] always run out of other people's money. It's quite a characteristic of them."
    --Margaret Thatcher

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