Felony question

[target64]

There seems to be some debate on the legalities of fellons and black powder firearms. So My question is.......Even if the muzzleloaders are not precluded, the ammo would be under the GCA. Thus rendering the muzzleloader useless. Thoughts!??!?!

 

[Kirk Freeman]

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

Yes, weapons, and what of it?

Are you assuming that he is still on probation? If the individual is still on probation that may be a valid point as a condition of probation is usually "no deadly weapons."

I don't think so:

Kludge, please be advised that there is a distinction and interplay between federal law and Indiana law.

Denny is pointing out that federal law defines muzzleloaders (O.K. excepting the Knight and others that BATFEIEIO defined as a centerfire) as non-firearms exempting them from the felon prohibition (note not all felonies disqualify one from firearms ownership federally).

Now if the conviction was for something in the SVF category (say Rape) then by Indiana law he could not possess the muzzleloader but could by federal law.

if the law states no firearms that means no firearms.

Which law? Indiana or federal? Sorry, not tracking.

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?

If one has a conviction for a felony OWI (OWI w/ prior, OWISBI, inter alia) then by federal law you are disqualified but by state law no, but federal trumps state.

Even if the muzzleloaders are not precluded, the ammo would be under the GCA

No. Look at the definition of ammunition in 18 USC and that will answer your question.

 

[42769vette]

If one has a conviction for a felony OWI (OWI w/ prior, OWISBI, inter alia) then by federal law you are disqualified but by state law no, but federal trumps state.

does that mean the feds would have to be the ones to bust you or can local pd do it? im not being a smart___ its a serious question. i would think the feds would have bigger fish to fry than some local pds.

 

[target64]

Here is what I was asking about......the GCA definition of Ammunition
17)(A) The term "ammunition" means ammunition or cartridge cases, primers, bullets, or propellent powder designed for use in any firearm.

 

[Bill of Rights]

does that mean the feds would have to be the ones to bust you or can local pd do it? im not being a smart___ its a serious question. i would think the feds would have bigger fish to fry than some local pds.

IIRC, any law officer may arrest for any crime, more especially so within his/her jurisdiction, however it would be a federal court that would try the suspect if a federal crime was the accusation vs. a state superior, district, or circuit court otherwise (If my terminology is off, polite correction on the technicalities would not be unwelcome. )

Blessings,
Bill

 

[42769vette]

IIRC, any law officer may arrest for any crime, more especially so within his/her jurisdiction, however it would be a federal court that would try the suspect if a federal crime was the accusation vs. a state superior, district, or circuit court otherwise (If my terminology is off, polite correction on the technicalities would not be unwelcome. )

Blessings,
Bill

thanks for the clarification

 

[DEC]

Thanks guys for all the clarifications. I'll talk to him today and tell him what his options are and let him move on from here. You all verified what I thought was correct.

 

[kludge]

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.

The laws are posted above. No firearms (including blackpowder, according to the Indiana definition of "firearms") for "serious violent felons" in Indiana.

Check fraud, DUI, etc., are not "serious violent felons" and many such people do hunt. They are however barred from getting a LTCH.

As for the OP's question, class C battery (he didn't say exactly what the conviction was so I'm guessing from the description) would preclude him from owning blackpowder guns.

 

[esigler]

It shouldnt be that hard to get your rights restored! If youve done the time, I dont understand why you have to pay for it forever. Hunting can be a way for a man to provide for his family. I also belive after a number of years of being crime free, a man has proved he was young and dumb!

 

[Rookie]

It shouldnt be that hard to get your rights restored! If youve done the time, I dont understand why you have to pay for it forever. Hunting can be a way for a man to provide for his family. I also belive after a number of years of being crime free, a man has proved he was young and dumb!

What about the victim of the crime? They've "done the time" too, but they still have to pay for it forever. It's been two years, the guy is out of jail, off probation, living his life, "done his time" , and we are still dealing with the results on a daily basis. He's done his time though.

 

[lawrra]

In the ISP FAQ's someone asked basically the same question.

I have a felony record, can I possess a cap and ball musket?
Yes, unless your felony conviction is for a crime listed under IC 35-47-4-5.

The statute (regarding serious violent felons) was posted earlier

 

[Joe Williams]

The laws are posted above. No firearms (including blackpowder, according to the Indiana definition of "firearms") for "serious violent felons" in Indiana.

Check fraud, DUI, etc., are not "serious violent felons" and many such people do hunt. They are however barred from getting a LTCH.

As for the OP's question, class C battery (he didn't say exactly what the conviction was so I'm guessing from the description) would preclude him from owning blackpowder guns.

Thank you

 

[finity]

What about the victim of the crime? They've "done the time" too, but they still have to pay for it forever. It's been two years, the guy is out of jail, off probation, living his life, "done his time" , and we are still dealing with the results on a daily basis. He's done his time though.

You're right, you can't "undo" a crime. You can only punish the perpetrator after the fact with a balance between harshness & reasonableness to teach them (& others) a lesson while not turning it into a draconian system where people "just go away" for even minor crimes.

Not all crime victims pay for the criminals actions forever. Not all crime victims handle things in the same way either due to their psychological/emotional make-up. What one victim can blow-off or work through, others may be devastated by & cease to be a functioning member of society due to their fear. We can't reasonably set the sentences based on the extremes or every crime would end up being life in prison. Obviously the worse the crime the longer lasting the effects on the victim. Those are also the crimes that have a longer sentence imposed. Once the sentence imposed on the criminal is served, as determined by "society" to be fair, then all of that person's rights as a citizen should be restored.

I agree that "the punishment should fit the crime". In our legal system there is a policy of fixing the sentence based on the severity of the crime. Those sentences are pretty much determined by IN code with some judge/jury discretion thrown in (I think?).

The IC is enacted by our elected representatives. The jury is selected out of our local communities to enable us to be tried by "our peers".

If you don't like the sentences imposed by statute then work to get them lengthened. Contact your representatives. If you don't like the judge/juries verdict/sentence, there's not a lot you can do. It's the system we've got & probably the best around.

 

[djl02]

/

 

[calcot7]

Mabey I am wrong on this, but it is my understanding that your loss of the right to vote on applies while you are incarcerated.

 

[42769vette]

Mabey I am wrong on this, but it is my understanding that your loss of the right to vote on applies while you are incarcerated.

you are correct its a common missconseption. i know a convicted felon who cast a mccain vote this past year.

 

[calcot7]

Well, that at least shows that he is not all bad.

 

[42769vette]

Well, that at least shows that he is not all bad.

i think it should earn him a expungment atleast

 

[Cain71]

Kludge,that pretty much summed it up.

 

[ddenny5]

I have only known of one person that committed a non violent felony to get his rights back and it was a long long fight.