HELP lost my gun rights!

[biggest_retard]

ok so 2 years ago i lost my right to own firearms, but in florida there is some type of statute that alows convited felons to use guns made prior to 1918 to hunt, i would like to be able to hunt again but would like to do so with out running the risk of gettin in trouble with the law, anyone know anything more about this and if so what would be the pre 1918 firearm would be best for boar and deer hunting, i was young and very dumb help would be greatly appricated

 

[Birch Knoll]

Get a bow.

 

[Murphy4570]

No such law exists if you have a felony conviction on your record. Felony = NO BUENO!

File an appeal and hope for expungement or something.

 

[biggest_retard]

in the florida hunting regs its says other wise

 

[Tomcat47]

I think you can use blackpowder as long as it is not an inline It will probably have to have a percussion cap though! That is how SC allows it in some cases.

I mean a old (key word) 1894 Marlin or Winchester 30-30, 38-55, 25-35....There are options. But I think as I traveled this road, I would do with council (lawyer) that way you can stay within the law with no surprises!

You could also take up archery....Many have been taken with a Compound Bow...actually one of my favorite methods of hunting.

 

[TurtlePhish]

in the florida hunting regs its says other wise

Federally, a felon cannot own a firearm.

 

[Scimmia]

in the florida hunting regs its says other wise

Doesn't matter what Florida says when it's against US Federal law.

I believe you may be able to use a gun made before 1899, as it would be considered an antique under Federal law, not a firearm.

 

[brboyer]

Florida Statutes:

790.001 Definitions.—As used in this chapter, except where the context otherwise requires:
(1) “Antique firearm” means any firearm manufactured in or before 1918 (including any matchlock, flintlock, percussion cap, or similar early type of ignition system) or replica thereof, whether actually manufactured before or after the year 1918, and also any firearm using fixed ammunition manufactured in or before 1918, for which ammunition is no longer manufactured in the United States and is not readily available in the ordinary channels of commercial trade.

FWC Hunting Regulations Handbook:

Use of firearms by felons
It is illegal in Florida for convicted felons to possess firearms, including muzzleloading guns, unless the convicted felon has had his/her civil rights restored by the state's Clemency Board or the firearm qualifies as an antique firearm under Florida statute 790.001(1). Properly licensed convicted felons may hunt with bows, crossbows or antique firearms per Florida statute 790 during hunting seasons when such devices are legal for taking game.

The 2005 Florida Statutes Title XLVI, Section, 790.001(1) states "Antique firearm means any firearm manufactured in or before 1918 (including any matchlock, flintlock, percussion cap or similar early type of ignition system) or replica thereof, whether actually manufactured before or after the year 1918, and also any firearm using fixed ammunition manufactured in or before 1918, for which ammunition is no longer manufactured in the United States and is not readily available in the ordinary channels of commercial trade."
The fact that the firearm is an antique firearm is an affirmative defense that the defendant has the burden of alleging and proving. Williams v. State 482 So.2d 1051 (Fla 1986).
Convicted felons should be cautious about being in a location where a firearm is present as they may be in constructive possession of that firearm. Constructive possession occurs when the person knows about the firearm and is in a position to exert dominion and control over that firearm. A felon who is riding in a truck with other hunters who have firearms with them may be in constructive possession of those firearms, depending on the circumstances.

The bolded part is the important bit. It's illegal to carry any firearm if you are a convicted felon, unless you can prove to the judge (after you've been arrested, hired a lawyer, paid bail or sat in jail for a few days to a few months) that the firearm is, in fact, an antique.

Just get a compound bow or crossbow, much easier.

ETA: US Code
18 USC 922

(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.

This is distinctly different from:

(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.

Note the unlawful act from 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;
(2) who is a fugitive from justice;
(3) who is an unlawful user of or addicted to any controlled substance (as defined in section 102 of the Controlled Substances Act (21 U.S.C. 802));
. . .
long list of dis-qualifiers
. . .
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.

Thus for Federal law it is unlawful for a felon to posses a firearm but not an Antique Firearm.

 

[Tomcat47]

And that ^^ is how I believe it works in SC?? Without looking it all up, There is a guy that works with us in same predicament!

He had to go before a judge for hunting privileges and after all was said and done...it has to be black powder?

I do not know if that is discretionary with the judge?? However his crime (felony) did not involve a firearm!

 

[NavyLCDR]

I would think the best thing to do would be to get the felony expunged and/or your firearms rights restored rather than attempting to mess with a loophole.

 

[jr_roosa]

You really need to retain a lawyer who understands the local, state, and federal laws, and who would be willing to defend you if somebody threw down a B.S. flag and arrested you. Internet advice won't help you, and you'll have to hire a lawyer if it becomes an issue anyway, so why not just figure it out now instead of taking a chance?

Bowhunting might be the much less expensive answer.

-J.

 

[shiftyer1]

I have a friend thats soon to be in the same predicament. He's decided to bow hunt until he can get it expunged IF he's allowed that. Depending on your charge and the conditions of your release that may play a part also. Especially if your still on paper.

I suggest you get a lawyer and find out for sure before you get strike 2, a deer ain't worth another felony. I trust most of the advice of this forum but for a legal issue such as this i'd go with a pro

Good luck to you

 

[Birch Knoll]

You can't even apply for restoration of your firearm rights in Florida for 8 years after you've completed all sentences, probation and parole, so you've got a good long wait before you can even think of hunting with a firearm.

 

[baylorattorney]

This from Florida fish and game date 2007

In regard to use of firearms by felons: It is illegal in Florida for convicted felons to possess firearms, including muzzle loading guns, unless the convicted felon has had his/her civil rights restored and firearm authority restored by the state's Clemency Board or the gun qualifies as an antique firearm under Florida statute 790.001(1). Properly licensed convicted felons may hunt with bows or crossbows during hunting seasons when such devices are legal for taking game.

A general restoration of civil rights does not include the restoration of the right to own, possess or use a firearm. In order to restore firearm authority, an application is required and there is a waiting period of eight years from the date sentence expired or supervision terminated. For more information on the clemency process and eligibility requirements, go to the Florida Parole Commission Web site at http://fpc.state.fl.us.

Section 790.001(1), Florida Statutes, states, "'Antique firearm' means any firearm manufactured in or before 1918 (including any matchlock, flintlock, percussion cap, or similar early type of ignition system) or replica thereof, whether actually manufactured before or after the year 1918, and also any firearm using fixed ammunition manufactured in or before 1918, for which ammunition is no longer manufactured in the United States and is not readily available in the ordinary channels of commercial trade." The fact that the firearm is an antique firearm is an affirmative defense that the defendant has the burden of alleging and proving. Williams v. State 482 So.2d 1051 (Fla 1986).

Convicted felons should be cautious about being in a location where a firearm is present as they may be in constructive possession of that firearm. Constructive possession occurs when the person knows about the firearm and is in a position to exert dominion and control over that firearm. A felon who is riding in a truck with other hunters who have firearms with them may be in constructive possession of those firearms, depending on the circumstances.

Convicted felons, as well as any hunter, may use a bow or crossbow during the hunting seasons where allowed.

 

[Varmiter]

Biggest Retard,

No disrespect intended, but the truth, and facts can be brutal.

First:
Your screen name here is most likely spot on.
Second:
This was your 1st post here.

The combination of the two above, for me at least, raises red flags. But with that in mind, and giving you the benefit of MY doubts, may I point out of few reservations.

In your Original Post (OP), you admit you are a CONVICTED felon. Under FEDERAL law today, a convicted felon can not even touch a firearm. While a black powder firearm, in SOME......repeat.......SOME cases under Federal law, is not considered as a firearm, once they are loaded and ready to fire a projectile, they are then considered a firearm. The Federal (ATF) rules are only in regards to buying and selling of black powder firearms. No more, no less.

So, you said in your OP that you lost your gun rights 2 years ago. Well...... 99% of the time, a felony conviction involves jail/prison time. One must now assume, because of your OP, you are now out of jail/prison and a member of society. If that is true, it stands to reason that, unless you served your full term, you are on probation. I find it difficult, while not impossible, to believe, that you served at most, 2 years, and not be on probation.

So, we are now at the bottom line. You are most likely, in the best case, still on probation, and now your are looking for ways to circumvent the law. That paints a picture of your motives, intentional or not.

Others have told you to consult a lawyer, and that is the best advise that can be given. The fact you openly post on an internet forum, in what appears to seek advice from the general public raises even bigger red flags.

If I am wrong, please fill in the details to make me eat crow.

Chris

 

[dprice3844444]

you can go through the florida clemency board or petition your congressman or senator to present paperwork to the president for a presidential pardon.

 

[bikemutt]

presidential pardon

 

[Sam1911]

Answered about as well as could possibly be. Closed rather than entertain more drifting and opining.