[kraussnumber2]

Ok so this is in reference to a family member...

He got a felony a long time ago for stealing a leather jacket which exceeded the dollar amount to be a misdemeanor and therefore has a felony.
He hunts and is allowed to carry a muzzleloader but nothing else like a rifle. He also hunts on a business' private property that is posted "no hunting"...
He recently almost got caught but the sheriff... which he could get in trouble for hunting on that ground... which he was caught for before but he also was hunting with his rifle which he is not even allowed to own.
His felony is not for anything violent or anything like that but it is still a felony. The police are still looking into what was going on cause of all the situations surrounding that recent afternoon. We are pretty sure that they know he was hunting on illegal ground and possibly with an illegal weapon.
We were wondering if they were to catch him at this what could they do to him?? Like would it be jail time or just fines and how much?

By the way... he has said he will never hunt there again... the deer is not worth the risk and he learned his lesson.

Any advice would be great!! Thanks

[J_9]

IF he has an illegal firearm and IF he were hunting on posted property he could get up to 25 years in prison and/or a $25,000 fine.

[Fr_Chuck]

First the local police may turn this over to the FBI if they wanted to.

A felon with a gun is in most area a min of 5 years in prison, and up to 25 years.

So if they catch him with a gun, he will go to prison for a long time.

[kraussnumber2]

OK... wow! That is a long time! I don't think he would really deserve that but the law is the law and he knows that.
He doesn't have the gun in his possession... and he never does accept when he is hunting... even between hunting ventures he leaves it at another family members house.
so since he doesn't have it in his possession and they haven't caught him with it nor can they prove he had it he probably doesn't have anything to really worry about it right??
and also, a random side question... would it be illegal for him to shoot a rifle in say my parents backyard for target practice?

[Fr_Chuck]

He can not be in possession of a gun, He can not legally be in a place where he has access to a gun. So the minute he holds one, a passing police officer that may see it, can send him away.

Also if they can prove a family member is holdig and giving him the gun, they can also be arrested for supplying the gun to him.

[J_9]

would it be illegal for him to shoot a rifle in say my parents backyard for target practice?

Yes, it is illegal for him to even hold one. Doesn't matter where he is.

[kraussnumber2]

OK! Thanks guys! I will definitely relate this info to my family so they can all protect themselves and help answer some questions.

Ok... so one last question about it...
My parents have guns in their house that our my dads... they aren't just laying around or anything... they are put up in a gun cabinet and I think it is always locked. Are you saying that he couldn't come to my parents house because he has access to the guns? Or is it OK because they are locked up?

[twinkiedooter]

He needs to take up another hobby or he'll go to jail sooner or later for a long vacation. The fact the felony was a long time ago means nothing. Just because you think he doesn't deserve this, etc. thinking means nothing in the eyes of the law.

He can walk along in a hunting party so long as he does not physically hold the gun. He can go into gun shops and look but not touch the guns. He can visit your father's home so long as he does not touch the guns. He cannot have a gun in his home period.

[twinkiedooter]

I re-read your original post and was wondering if this guy is also a poacher in his "spare" time since he thinks nothing of hunting on property marked no hunting. Sounds like a few years in the hotel graybar would do him some good. I hope the Game Warden or State Fish and Wildlife Officer "bags" him the next time he's out hunting.

[kraussnumber2]

He doesn't poach or anything... and he has said that he is done now... he won't be hunting on the illegal hunting ground again and Im pretty sure that he will only be using the muzzleloader which is legal for him to carry and hunt with.
I think that he learned his lesson to stop pushing the limits. I hope so at least for everyone's sake. Our family wouldn't be the same without him...

[outlawofanother]

I didn't see in your question where you were from, but in Georgia, you can only hunt with a muzzleloader dated before 1912. Which is considered an antique. The newer modern type muzzleloader is a primitive weapon and is still considerred a firearm. If you check out my question I asked earlier it hits close to the same subject. I was caught with a gun and the judge was very leniant. If you think there could be problems from what your family member may have gotten into, talk to an attorney now, so your prepared. And I wouldn't worry about anything to terribble happening anyway. Felon with a firearm only carries a 5 year sentence. Unless you use it in a violent crime.

[JudyKayTee]

I didnt see in your question where you were from, but in georgia, you can only hunt with a muzzleloader dated before 1912. Which is considered an antique. The newer modern type muzzleloader is a primative weapon and is still considerred a firearm. If you check out my question i asked earlier it hits close to the same subject. i was caught with a gun and the judge was very leniant. if you think there could be problems from what your family member may have gotten into, talk to an attorney now, so your prepared. and i wouldnt worry about anything to terribble happening anyways. felon with a firearm only carries a 5 year sentence. unless you use it in a violent crime.

So you are recommending that a convicted felon carry/use a firearm anyway because if he/she is "caught" it's only a 5 year sentence - ?