Felony question

[DEC]

I ran some searches and think I know the answer, but I wanted to ask those who likely know more.

I have an employee of mine. Good guy, but he has a history. He wants to deer hunt and small game hunt with a long gun. He's unsure if he can buy or even posses a gun. Personally, I don't think he can, but that is me.

He did 2 1/2 years because he was convicted of a Class C felony. When he was young, he broke into a place of business, assaulted a guy, and took some money and other things. I don't think a gun was involved, but I'm not certain.

I'm 99.999% sure he can not even poses a gun for hunting, but I told him that I would ask those who might know more. I do know that there is a process of trying to re-instate gun rights, but it is a tough road.

He made a dumb mistake as a younger guy. He's a different guy now and really has been a model employee of mine for over two years. I just want to be sure what I told him is correct or not.

Thanks for any input from you guys.

 

[mrjarrell]

I'm with you. They've stripped him of his rights, for whatever reason, even if he has reformed. You might tell him to take up bow hunting, that's open to him. He might even be able to use a muzzle loader, but I'm not even sure of that. It might well be worth it for him to seek to have his rights restored. I know it would be worth it to me.

 

[Joe Williams]

He cannot possess a smokeless powder gun, period. I do not know what Indiana laws say about black powder guns, but he's not federally prohibited from those.

Perhaps he should look into either deer hunting, or getting a pardon so he can exercise his rights again.

 

[target64]

An ex-felon cannot hunt with a fire arm, muzzleloader or even a bow They are all considered weapons.

 

[DEC]

Thanks guys. That is what I thought. He does bow hunt. He simply was telling me how he would like to gun hunt, mostly I think he wants to take his step son gun hunting. Not sure how that would work, as the step son would posses the gun (through what means I don't know), but I would assume the moment my employee handled the gun (say crossing a fence or whatever) he'd be in Federal violation.

Another question ... does any class of felony then mean no gun ownership? Curious if there are some felony classes that are considered minor enough ... if that makes sense. I know that misdemeanors generally allow for retaining firearm rights.

Thanks again for confirming my thoughts.

 

[sporter]

He needs to look into getting his rights restored then he can possess legally.

This might take time, money and also he has to demonstrate he is an upstanding citizen hence the time part.

 

[Oldcoyotedream]

If he wants to hunt and buy a gun some day, he might start an expungement proccess. I have started one for a friend that his Felony happened 28 years ago. Here is a site to give him.
How to Expunge a Felony from your Record | eHow.com

 

[Chefcook]

Thanks guys. That is what I thought. He does bow hunt. He simply was telling me how he would like to gun hunt, mostly I think he wants to take his step son gun hunting. Not sure how that would work, as the step son would posses the gun (through what means I don't know), but I would assume the moment my employee handled the gun (say crossing a fence or whatever) he'd be in Federal violation.

Another question ... does any class of felony then mean no gun ownership? Curious if there are some felony classes that are considered minor enough ... if that makes sense. I know that misdemeanors generally allow for retaining firearm rights.

Thanks again for confirming my thoughts.

No a felony is a felony. It doesn't matter if he is a habitual traffic offender or a rapist, he is stripped of his rights. There is a process for him to have his rights reinstated after a period of time but I have no idea what it is, but I am certain it is a rocky road...

 

[clt46910]

An ex-felon cannot hunt with a fire arm, muzzleloader or even a bow They are all considered weapons.

I would like to see your reference to this. I have friends that are ex-felons that do have blackpowder firearms and bows. They hunt every year with them. I know a few years back of a friend with a felony that kept blackpowder firearms for self-defense. It was perfectly legal back then.

 

[kludge]

IC 35-47-4-5
Unlawful possession of firearm by serious violent felon
Sec. 5. (a) As used in this section, "serious violent felon" means a person who has been convicted of:

(1) committing a serious violent felony in:

(A) Indiana; or
(B) any other jurisdiction in which the elements of the crime for which the conviction was entered are substantially similar to the elements of a serious violent felony; or
​

(2) attempting to commit or conspiring to commit a serious violent felony in:

(A) Indiana as provided under IC 35-41-5-1 or IC 35-41-5-2; or
(B) any other jurisdiction in which the elements of the crime for which the conviction was entered are substantially similar to the elements of attempting to commit or conspiring to commit a serious violent felony.
​

(b) As used in this section, "serious violent felony" means:

(1) murder (IC 35-42-1-1);
(2) voluntary manslaughter (IC 35-42-1-3);
(3) reckless homicide not committed by means of a vehicle (IC 35-42-1-5);
(4) battery as a:

(A) Class A felony (IC 35-42-2-1(a)(5));
(B) Class B felony (IC 35-42-2-1(a)(4)); or
(C) Class C felony (IC 35-42-2-1(a)(3));
​

(5) aggravated battery (IC 35-42-2-1.5);
(6) kidnapping (IC 35-42-3-2);
(7) criminal confinement (IC 35-42-3-3);
(8) rape (IC 35-42-4-1);
(9) criminal deviate conduct (IC 35-42-4-2);
(10) child molesting (IC 35-42-4-3);
(11) sexual battery as a Class C felony (IC 35-42-4-8);
(12) robbery (IC 35-42-5-1);
(13) carjacking (IC 35-42-5-2);
(14) arson as a Class A felony or Class B felony (IC 35-43-1-1(a));
(15) burglary as a Class A felony or Class B felony (IC 35-43-2-1);
(16) assisting a criminal as a Class C felony (IC 35-44-3-2);
(17) resisting law enforcement as a Class B felony or Class C felony (IC 35-44-3-3);
(18) escape as a Class B felony or Class C felony (IC 35-44-3-5);
(19) trafficking with an inmate as a Class C felony (IC 35-44-3-9);
(20) criminal gang intimidation (IC 35-45-9-4);
(21) stalking as a Class B felony or Class C felony (IC 35-45-10-5);
(22) incest (IC 35-46-1-3);
(23) dealing in or manufacturing cocaine or a narcotic drug (IC 35-48-4-1);
(24) dealing in methamphetamine (IC 35-48-4-1.1);
(25) dealing in a schedule I, II, or III controlled substance (IC 35-48-4-2);
(26) dealing in a schedule IV controlled substance (IC 35-48-4-3); or
(27) dealing in a schedule V controlled substance (IC 35-48-4-4).
​

(c) A serious violent felon who knowingly or intentionally possesses a firearm commits unlawful possession of a firearm by a serious violent felon, a Class B felony.

As added by P.L.247-1999, SEC.1. Amended by P.L.14-2000, SEC.76; P.L.17-2001, SEC.17; P.L.222-2001, SEC.5; P.L.151-2006, SEC.21.

IC 35-47-4-6
Unlawful possession of a firearm by a domestic batterer
Sec. 6. (a) A person who has been convicted of domestic battery under IC 35-42-2-1.3 and who knowingly or intentionally possesses a firearm commits unlawful possession of a firearm by a domestic batterer, a Class A misdemeanor.
(b) It is a defense to a prosecution under this section that the person's right to possess a firearm has been restored under IC 35-47-4-7.

As added by P.L.195-2003, SEC.7. Amended by P.L.98-2004, SEC.156; P.L.118-2007, SEC.36.

IC 35-47-4-7
Persons prohibited from possessing a firearm; restoration of right to possess a firearm
Sec. 7. (a) Notwithstanding IC 35-47-2, IC 35-47-2.5, the restoration of the right to serve on a jury under IC 33-28-5-18, or the restoration of the right to vote under IC 3-7-13-5, and except as provided in subsections (b), (c), and (f), a person who has been convicted of a crime of domestic violence may not possess a firearm after the person's release from imprisonment or lawful detention.
(b) Not earlier than five (5) years after the date of conviction, a person who has been convicted of a crime of domestic violence may petition the court for restoration of the person's right to possess a firearm. In determining whether to restore the person's right to possess a firearm, the court shall consider the following factors:

(1) Whether the person has been subject to:

(A) a protective order;
(B) a no contact order;
(C) a workplace violence restraining order; or
(D) any other court order that prohibits the person from possessing a firearm.
​

(2) Whether the person has successfully completed a substance abuse program, if applicable.
(3) Whether the person has successfully completed a parenting class, if applicable.
(4) Whether the person still presents a threat to the victim of the crime.
(5) Whether there is any other reason why the person should not possess a firearm, including whether the person failed to satisfy a specified condition under subsection (c) or whether the person has committed a subsequent offense.
​

(c) The court may condition the restoration of a person's right to possess a firearm upon the person's satisfaction of specified conditions.
(d) If the court denies a petition for restoration of the right to possess a firearm, the person may not file a second or subsequent petition until one (1) year has elapsed after the filing of the most recent petition.
(e) A person has not been convicted of a crime of domestic violence for purposes of subsection (a) if the conviction has been expunged or if the person has been pardoned.
(f) The right to possess a firearm shall be restored to a person whose conviction is reversed on appeal or on postconviction review at the earlier of the following:

(1) At the time the prosecuting attorney states on the record that the charges that gave rise to the conviction will not be refiled.
(2) Ninety (90) days after the final disposition of the appeal or the postconviction proceeding.
​

As added by P.L.118-2007, SEC.37.

 

[Bill of Rights]

IIRC, the period is no less than five years and his options are to

• have the original court reduce the charge,
• have the charges expunged
• be issued a pardon from the Governor.

I do not know if all three or if only a full pardon will restore his ability to exercise his natural and fundamental rights. It seems to me that it would be well worth his while and be money well-spent to contact a competent attorney to find out.

Blessings,
Bill

 

[Denny347]

Ouch, C Felony Business Burglary is a serious Felony. No he cannot possess firearms or ammunition. However it looks like he can have a muzzle loader. But I've heard that 209 primers are considered ammunition so he could not use a muzzleloader with that style of cap.
Title 18 USC, Section 921 (a)(3) establishes the definition of a "firearm" as follows:

"(3) The term "firearm" means
(A) any weapon (including a starter gun) which will or is designed to or may readily be converted to expel a projectile by the action of an explosive;
(B) the frame or receiver of any such weapon;
(C) any firearm muffler or firearm silencer; or
(D) any destructive device. Such term does not include an antique firearm."

Title 18 USC, Section 921 (a)(16) further defines an "antique firearm" as follows:
"(16) The term "antique firearm" means -
(A) any firearm (including any firearm with a matchlock, flintlock, percussion cap, or similar type of ignition system) manufactured in or before 1898; or
(B) any replica of any firearm described in subparagraph (A) if such replica -
(i) is not designed or redesigned for using rimfire or conventional centerfire fixed ammunition, or
(ii) uses rimfire or conventional centerfire fixed ammunition which is no longer manufactured in the United States and which is not readily available in the ordinary channels of commercial trade; or
(C) any muzzle loading rifle, muzzle loading shotgun, or muzzle loading pistol, which is designed to use black powder, or a black powder substitute, and which cannot use fixed ammunition. For purposes of this subparagraph, the term "antique firearm" shall
not include any weapon which incorporates a firearm frame or receiver, any firearm which is converted into a muzzle loading weapon, or any muzzle loading weapon which can be readily converted to fire fixed ammunition by replacing the barrel, bolt, breechblock, or any combination thereof."

 

[kludge]

I don't think so:


IC 35-47-1-5
"Firearm"
Sec. 5. "Firearm" means any weapon:
(1) that is:
(A) capable of expelling; or
(B) designed to expel; or
(2) that may readily be converted to expel;
a projectile by means of an explosion.
As added by P.L.311-1983, SEC.32. Amended by P.L.3-2008, SEC.254.

 

[VN Vet]

I wish your friend much success in getting his rights back. Many of us have been bad sometime in our lives but were not caught. But for the Grace of God goes I. This is so true for many.

 

[public servant]

If only people would think of the consequences of their actions later in life. If they would just realize these things follow them around for a long time.

 

[pute62]

He can hunt with muzzle loader, bow and cross bow. I have a brother in law that does it every year and has for a long time.

 

[42769vette]

IC 35-47-4-5
Unlawful possession of firearm by serious VIOLENT felon
Sec. 5. (a) As used in this section, "serious violent felon" means a person who has been convicted of:

(1) committing a serious violent felony in:

(A) Indiana; or
(B) any other jurisdiction in which the elements of the crime for which the conviction was entered are substantially similar to the elements of a serious violent felony; or
​

(2) attempting to commit or conspiring to commit a serious violent felony in:

(A) Indiana as provided under IC 35-41-5-1 or IC 35-41-5-2; or
(B) any other jurisdiction in which the elements of the crime for which the conviction was entered are substantially similar to the elements of attempting to commit or conspiring to commit a serious violent felony.
​

(b) As used in this section, "serious violent felony" means:

(1) murder (IC 35-42-1-1);
(2) voluntary manslaughter (IC 35-42-1-3);
(3) reckless homicide not committed by means of a vehicle (IC 35-42-1-5);
(4) battery as a:

(A) Class A felony (IC 35-42-2-1(a)(5));
(B) Class B felony (IC 35-42-2-1(a)(4)); or
(C) Class C felony (IC 35-42-2-1(a)(3));
​

(5) aggravated battery (IC 35-42-2-1.5);
(6) kidnapping (IC 35-42-3-2);
(7) criminal confinement (IC 35-42-3-3);
(8) rape (IC 35-42-4-1);
(9) criminal deviate conduct (IC 35-42-4-2);
(10) child molesting (IC 35-42-4-3);
(11) sexual battery as a Class C felony (IC 35-42-4-8);
(12) robbery (IC 35-42-5-1);
(13) carjacking (IC 35-42-5-2);
(14) arson as a Class A felony or Class B felony (IC 35-43-1-1(a));
(15) burglary as a Class A felony or Class B felony (IC 35-43-2-1);
(16) assisting a criminal as a Class C felony (IC 35-44-3-2);
(17) resisting law enforcement as a Class B felony or Class C felony (IC 35-44-3-3);
(18) escape as a Class B felony or Class C felony (IC 35-44-3-5);
(19) trafficking with an inmate as a Class C felony (IC 35-44-3-9);
(20) criminal gang intimidation (IC 35-45-9-4);
(21) stalking as a Class B felony or Class C felony (IC 35-45-10-5);
(22) incest (IC 35-46-1-3);
(23) dealing in or manufacturing cocaine or a narcotic drug (IC 35-48-4-1);
(24) dealing in methamphetamine (IC 35-48-4-1.1);
(25) dealing in a schedule I, II, or III controlled substance (IC 35-48-4-2);
(26) dealing in a schedule IV controlled substance (IC 35-48-4-3); or
(27) dealing in a schedule V controlled substance (IC 35-48-4-4).
​

(c) A serious violent felon who knowingly or intentionally possesses a firearm commits unlawful possession of a firearm by a serious violent felon, a Class B felony.

As added by P.L.247-1999, SEC.1. Amended by P.L.14-2000, SEC.76; P.L.17-2001, SEC.17; P.L.222-2001, SEC.5; P.L.151-2006, SEC.21.

IC 35-47-4-6
Unlawful possession of a firearm by a domestic batterer
Sec. 6. (a) A person who has been convicted of domestic battery under IC 35-42-2-1.3 and who knowingly or intentionally possesses a firearm commits unlawful possession of a firearm by a domestic batterer, a Class A misdemeanor.
(b) It is a defense to a prosecution under this section that the person's right to possess a firearm has been restored under IC 35-47-4-7.

As added by P.L.195-2003, SEC.7. Amended by P.L.98-2004, SEC.156; P.L.118-2007, SEC.36.

IC 35-47-4-7
Persons prohibited from possessing a firearm; restoration of right to possess a firearm
Sec. 7. (a) Notwithstanding IC 35-47-2, IC 35-47-2.5, the restoration of the right to serve on a jury under IC 33-28-5-18, or the restoration of the right to vote under IC 3-7-13-5, and except as provided in subsections (b), (c), and (f), a person who has been convicted of a crime of domestic violence may not possess a firearm after the person's release from imprisonment or lawful detention.
(b) Not earlier than five (5) years after the date of conviction, a person who has been convicted of a crime of domestic violence may petition the court for restoration of the person's right to possess a firearm. In determining whether to restore the person's right to possess a firearm, the court shall consider the following factors:

(1) Whether the person has been subject to:

(A) a protective order;
(B) a no contact order;
(C) a workplace violence restraining order; or
(D) any other court order that prohibits the person from possessing a firearm.
​

(2) Whether the person has successfully completed a substance abuse program, if applicable.
(3) Whether the person has successfully completed a parenting class, if applicable.
(4) Whether the person still presents a threat to the victim of the crime.
(5) Whether there is any other reason why the person should not possess a firearm, including whether the person failed to satisfy a specified condition under subsection (c) or whether the person has committed a subsequent offense.
​

(c) The court may condition the restoration of a person's right to possess a firearm upon the person's satisfaction of specified conditions.
(d) If the court denies a petition for restoration of the right to possess a firearm, the person may not file a second or subsequent petition until one (1) year has elapsed after the filing of the most recent petition.
(e) A person has not been convicted of a crime of domestic violence for purposes of subsection (a) if the conviction has been expunged or if the person has been pardoned.
(f) The right to possess a firearm shall be restored to a person whose conviction is reversed on appeal or on postconviction review at the earlier of the following:

(1) At the time the prosecuting attorney states on the record that the charges that gave rise to the conviction will not be refiled.
(2) Ninety (90) days after the final disposition of the appeal or the postconviction proceeding.
​

As added by P.L.118-2007, SEC.37.

i didn't see such felonys as dui on the list of violent felonys. does this mean a guy with a dui can have guns?

i agree your employe needs to try to get a expungment as his is defintally violent.

 

[RachelMarie]

This is the issue my husband is dealing with.

Got into some trouble some 19 years ago. Hasn't been in trouble since.

He has started the expungement proccess...and whoever said it was a hard and rocky road was Right. It's been rough and won't get easier until it's done. His was in Florida so trying to get all the paper work to the right people has been an issue.

It's a work in progress and I hope that sometime it will be fixed.


I wish your friend luck....tell him to just stick with it. You can't beat yourself up on things like this, we all (or most) did stupid things when we were younger.....some of us just didn't get noticed.

Tell him to push to get it off his record...we need his vote in 2012 to get this idiot out of office! (which is the reason my husband is getting his expunged, he's not interested in guns....he says)

 

[Militarypol21]

He can hunt with muzzle loader, bow and cross bow. I have a brother in law that does it every year and has for a long time.

Just because your brother does it doesn't mean its the right thing... if the law states no firearms that means no firearms.

Hopefully the guy stays on track and does the right thing from now on. We all do stupid stuff every now and then, some more stupid than others, but if he stays on the right track I dont see why he wont be able to get that waived off his record.

 

[Joe Williams]

Just because your brother does it doesn't mean its the right thing... if the law states no firearms that means no firearms.

snip.

Federally, muzzleloaders aren't, by federal definition, "firearms," which makes them legal even for felons. Same is true for most, if not all, blackpowder guns. Which is why you can order black powder revolvers in the mail from Cabella's. Some states do, however, outlaw their possession by felons. I've not looked up Indiana law to see what it says on the subject.