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    blueneon's Avatar
    blueneon Posts: 5, Reputation: 1
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    #1

    Oct 11, 2007, 02:51 PM
    Convicted Felon wants to go hunting
    My Husband is a convicted sex-offender of something that happened years ago. It is now hunting season and he wants to put food on the table for the family but is not allowed to "own" a gun. I know there are ways to fight that, but where would I begin? I've looked on the ATF's website and have NO IDEA what it is that I am looking for. He has no domestic violence crimes against him. Can somebody please help me get pointed in the right direction of what I am looking for?
    ballengerb1's Avatar
    ballengerb1 Posts: 27,378, Reputation: 2280
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    #2

    Oct 11, 2007, 06:00 PM
    The New York Yimes had a lot to say today regarding such issues. Supreme Court Roundup; Justices to Rule on Felon's Right to Own Gun - New York Times Sorry, it doesn't answer your immediate question because the way the law stands he can not own a gun. I do know how your state would handle things if he borrowed a gun.
    shygrneyzs's Avatar
    shygrneyzs Posts: 5,017, Reputation: 936
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    #3

    Oct 11, 2007, 06:04 PM
    If he were found in possession of a gun - all hell could break loose for him and the person who loaned the gun to him. He should talk to his parole officer or his attorney. Either one should know the particular laws where you live.

    Edit: Check this site out on felons and restrictions for firearms:
    Gun Control laws - Information on the law about Gun Control

    Also, has your husband checked out if he can own a bow and arrow for archery season? Some states do allow that.
    ballengerb1's Avatar
    ballengerb1 Posts: 27,378, Reputation: 2280
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    #4

    Oct 11, 2007, 06:09 PM
    Shy, you may be correct but the text I attached has some examples where the states had reinstated the felons rights and the courts upheld that decision. Wonder if the law extends to bow hunting? Lots of deer are taken in IL and WS with bows.
    shygrneyzs's Avatar
    shygrneyzs Posts: 5,017, Reputation: 936
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    #5

    Oct 11, 2007, 06:14 PM
    Bow deer season is big here too in North Dakota. I used to go every season until the last 10 years. It would a good alternative to the firearms. Hopefully the OP will check with her husband's attorney on the specifics laws where they live.
    ballengerb1's Avatar
    ballengerb1 Posts: 27,378, Reputation: 2280
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    #6

    Oct 11, 2007, 06:16 PM
    Yep, those last 10 years got to me with pheasant and quail hunting. Good luck, like your responses. Bob
    excon's Avatar
    excon Posts: 21,482, Reputation: 2992
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    #7

    Oct 11, 2007, 06:53 PM
    Hello blue:

    He should just go out and purchase himself a hunting rifle. A felon is precluded from owning a "firearm". The BATF considers a firearm to be a handgun. That's why he wouldn't pass the background check for a handgun. However, for a long rifle, there's no background check.

    Plus, you didn't say whether his conviction was a felony or a misdemeanor. If it was only a misdemeanor, he can own a handgun too.

    excon
    J_9's Avatar
    J_9 Posts: 40,298, Reputation: 5646
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    #8

    Oct 12, 2007, 12:12 AM
    Quote Originally Posted by excon
    The BATF considers a firearm to be a handgun. That's why he wouldn't pass the background check for a handgun. However, for a long rifle, there's no background check.
    I'm sorry excon, this is one time I have to totally and completely disagree with you.

    If this man is a convicted sex offender, this is a felony. There is not a state in America that will give a felon a gun of any kind.

    There is a form that must be filled out with each gun purchase, it is called a Form 4473 and it is filled out for the purchase of a handgun, rifle, shotgun. Along with that is the fingerprinting AND NICS background check.

    Here is a copy of the form here. DRAFT ATF F 4473 (5300.9)

    Any person that buys a gun and gives it to him is doing what is called a Straw Purchase, this is a mandatory ten years in prison and $250,000 minimum fine after the ten years in prison is served. Any person who knows he is a convicted felon, and this includes wife, sister, father, brother, uncle, friend, etc, is subject to this prison term and fine giving this person a felony conviction as well.

    As a part owner of a legal gun shop, I do know this to be fact.

    See page 2 DRAFT ATF F 4473 (5300.9)

    Item 16 specifically asks if it is a handgun or a long gun. A long gun is a rifle and/or shotgun.

    This shows where the purchaser has to check the kind of firearm being purchased, and it includes rifle, shotgun, as well as handgun. Please also see Item #27 which, specifically, again asks of the kind of firearm being purchased.

    Back to page 1 DRAFT ATF F 4473 (5300.9) Under Certification of Transferee, please see Item C "Have you ever been convicted of in any court of a felony... "

    Quote Originally Posted by excon
    Plus, you didn't say whether his conviction was a felony or a misdemeanor.
    Sweetie, look at the subject of the post "Convicted Felon wants to go hunting"
    blueneon's Avatar
    blueneon Posts: 5, Reputation: 1
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    #9

    Oct 12, 2007, 03:18 AM
    Excon--he is a convicted felon and he doesn't have a probation officer, hasn't for some time now. And lawyers, nope not one of them either. Thanks to all who are helping.
    J_9's Avatar
    J_9 Posts: 40,298, Reputation: 5646
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    #10

    Oct 12, 2007, 06:35 AM
    Here are some interesting facts for you Blue

    (A7) How can a person apply for relief from Federal firearms disabilities? [Back]

    Under the provisions of the Gun Control Act of 1968 (GCA), convicted felons and certain other persons are prohibited from possessing or receiving firearms. The GCA provides the Attorney General with the authority to grant relief from this disability where the Attorney General determines that the person is not likely to act in a manner dangerous to the public safety and granting relief would not be contrary to the public interest. The Attorney General delegated this authority to ATF.

    Since October 1992, however, ATF's annual appropriation has prohibited the expending of any funds to investigate or act upon applications for relief from Federal firearms disabilities submitted by individuals. As long as this provision is included in current ATF appropriations, the Bureau cannot act upon applications for relief from Federal firearms disabilities submitted by individuals.

    [18 U.S.C. 922(g), 922(n) and 925(c)]

    (A8) Are there any alternatives for relief from firearms disabilities? [Back]

    A person is not considered convicted for Gun Control Act purposes if he has been pardoned, had his civil rights restored, or the conviction was expunged or set aside, unless the pardon, expungement, or restoration expressly provides the person may not ship, transport, possess, or receive firearms.

    Persons convicted of a Federal offense may apply for a Presidential pardon. 28 CFR 1.1-1.10 specify the rules governing petitions for obtaining Presidential pardons. You may contact the Pardon Attorney's Office at the U.S. Department of Justice, 500 First Street, N.W. Washington, DC 20530, to inquire about the procedures for obtaining a Presidential pardon.

    Persons convicted of a State offense may contact the State Attorney General's Office within the State in which they reside and the State of their conviction for information concerning any alternatives that may be available, such as pardons and civil rights restoration.

    [18 U.S.C. 921(a)(20) and (a)(33)]
    There is a wealth of info here. ATF Online - Firearms FAQs
    CaptainRich's Avatar
    CaptainRich Posts: 4,492, Reputation: 537
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    #11

    Oct 12, 2007, 06:52 AM
    I recommend learning to bow hunt. Traditional, recurve or compound. Far more rewarding and you'll learn more about yourself.
    shidoshi64's Avatar
    shidoshi64 Posts: 1, Reputation: 1
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    #12

    Nov 21, 2009, 01:36 PM
    What about black powder guns I know in pa no background check required for purchase like buying a gallon of milk
    Acee's Avatar
    Acee Posts: 1, Reputation: 1
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    #13

    Nov 25, 2009, 09:50 AM
    What about muzzle loaders? I just purchased one from a dealer and wasn't asked to fill out any paperwork, or background check.
    notafelon's Avatar
    notafelon Posts: 1, Reputation: 0
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    #14

    Nov 26, 2009, 07:48 PM
    Absolutely he can go hunting. He'll just have to kill the deer with his bare hands. Good luck with that.
    dafaith's Avatar
    dafaith Posts: 1, Reputation: 1
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    #15

    Mar 5, 2011, 03:00 PM
    J_9

    I had no luck pulling up ATF on-line. I have a son in a similar situation although the crime was different. His sentence will be reduced to a misdemeanor in 3 years. Will his rights be re-instated at that time?

    Also he is being given incorrect information from the local DNR. They are telling him if his court decree does not stipulate gun restriction he can hunt. He was convicted in a controlled drug buy 8 years ago.

    His Father thinks I'm just trying to rain on his parade. Nothing could be further from the truth. I have watched this young man turn his life around, get a college degree and a job in his field. I would hate to see him throiw all of that a way for a week of Elk Hunting.
    julethetool's Avatar
    julethetool Posts: 1, Reputation: 1
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    #16

    Mar 21, 2012, 07:47 AM
    Alaska allows felons to possess a rifle or shotgun when the felon is off paer, and last yr. Alaska allows non-violent felons to psses a handgun after 10yrs. Off paper. But do not hunt on federal land, you will be charged for felon in poss. Of a firearm.
    rparisien's Avatar
    rparisien Posts: 1, Reputation: 1
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    #17

    Nov 25, 2012, 03:32 PM
    Can a felon legally bow hunt in the state of North Dakota?

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