whitetail8
Oct 1, 2012, 11:39 AM
If I had a 2year felony for fleaing and aluding in 2008 am I able to deer hunt with a gun?
AK lawyer
Oct 1, 2012, 11:47 AM
A felony conviction? No, not in the U.S.
If, by "gun" you mean a center-fire or rim-fire rifle, shotgun, or handgun manufactured or designed after 1898. Muzzle-loaders aren't, for some strange reason, included in the definition of "firearm" as used in the federal act on the subject.
AK lawyer
Oct 1, 2012, 07:21 PM
"18 USC § 922
(g)It shall be unlawful for any person—
(1)who has been convicted in any court of, a crime punishable by imprisonment for a term exceeding one year;
...
to ship or transport in interstate or foreign commerce, or possess in or affecting commerce, any firearm or ammunition; or to receive any firearm or ammunition which has been shipped or transported in interstate or foreign commerce."
"18 USC § 921 - Definitions
(20)The term “crime punishable by imprisonment for a term exceeding one year” does not include—
(A)any Federal or State offenses pertaining to antitrust violations, unfair trade practices, restraints of trade, or other similar offenses relating to the regulation of business practices, or
(B)any State offense classified by the laws of the State as a misdemeanor and punishable by a term of imprisonment of two years or less.
What constitutes a conviction of such a crime shall be determined in accordance with the law of the jurisdiction in which the proceedings were held. Any conviction which has been expunged, or set aside or for which a person has been pardoned or has had civil rights restored shall not be considered a conviction for purposes of this chapter, unless such pardon, expungement, or restoration of civil rights expressly provides that the person may not ship, transport, possess, or receive firearms. "
So, contrary to what I wrote earlier, OP could legally hunt with a modern firearm if his felony conviction is expunged, etc.
odinn7
Oct 1, 2012, 07:32 PM
In simple terms, if you are a convicted felon in the US, you are prohibited from owning or even touching a firearm.