The Hunt, The Felon and The Rifle

[BUBBA74]

Alright my father when he was 26 was slapped with a drug charge and was given four years probation. This made him a known felon and he had to get rid of all his firearms. My pops is getting up in years and man I want to go huntin with him but he is reluctant because of the felony he received nearly 20 years ago. So my question to yall is basically could he go and participate if:

He used one of my rifles?

Could he purchase a black powder rifle and use that?

Could he purchase a 100 year old relic and use that (From what I understand they do not require an FFL)?

The bow is probably an option if im not mistaken but neither him nor I have messed with it.

I'm in Florida btw. Any input would be greatly appreciated.

Thanks

 

[Domino]

Well, if I am not mistaken he can indeed own a blackpowder weapon or a non-firearm such as a 1890's Turk Mauser or something, since neither of those are "firearms."

I am under the impression that felons cannot possess or even be in the vicinity if firearms so even him using yours seems out of the question. I am no law expert and you seem to have a good understanding of the laws, perhaps you should consult a lawyer

 

[jonnyc]

In some cases, one can petition to regain firearms rights.

 

[whm1974]

the felony he received nearly 20 years ago

Was this federal or state? If state he may be able to get his charge removed or his record expluged.

-Bill

 

[trueblue1776]

yes, petition the court, if he is in good standing in the community he should not have a problem (depending on the "drug charge" of course). Couldn't hurt to talk to a lawyer.

 

[5.56]

On the other side of the fence. Ex-law enforcement here. If he applies to the state to has his record expunged it will give him his firearms rights back when it is expunged. It will be as if it never happened. If he has had a clean record for 20 yrs he should have no trouble. It is worth the try.


5.56

 

[Bartholomew Roberts]

Your best bet considering the stakes is to consult a local lawyer instead of an Internet forum. However, if you are just looking for some non-professional initial advice... If he applies to the state, he will still be barred by federal law though in a practical sense, as long as he is good at the state level and keeps his nose clean he is unlikely to have to worry about the feds.

He is still eligible to use pre 1898 firearms and blackpowder firearms though.

 

[Chris Orndorff]

He is still eligible to use pre 1898 firearms and blackpowder firearms though.

I believe that will depend on the state in which he was convicted/resides, and his defined "status". Suggestion to contact an attorney was spot-on!

 

[Cosmoline]

There are lawyers who specialize in restoration of rights and pardons. In cases where the offense took place ages ago and the felon has lived a life free from crime since then, a pardon might even be in order depending on the charge and the jurisdiction. That's actually what pardons are *SUPPOSED* to be used for, not to free people in prison.

 

[Chawbaccer]

Don't make it worse before he gets a chance to get re-instated. An antique, C&R or a muzzleloader is still a fire-arm.

 

[BUBBA74]

I most definitely am going to check and re-check any info I receive here with the proper individuals lawyers, LE and etc. I already figured #1 was out of the question and #4 was a given. I just thought I'd ask here to see what others thought about the non-firearms. I'm gonna look into the steps he needs to take to get his record expunged first before we consider any other route. Thanks for the suggestions/comments if anyone else would like to add anything feel free.

 

[armoredman]

I keep hearing that chestnut about black powder/pre 1898 firearms being legal. On a Federal level, likely, but on a state level highly UN-likely. Check your state and local statutes before ever attempting anything like that.
If it was a felony, only BATFE can restore 2A rights, and Congress defunded them from doing so some time ago. A federal judge CANNOT do so - that was tried and slapped down in Texas a year or so ago.
Check with your attorney for real specific legal advice, and don't rely on what you see posted here, and in the meantime, my free advice is do not hand him a powder missle weapon of any kind. Go bowhunting...

 

[rbernie]

Texas Penal Code, Title 10, Chapter 46:

§ 46.01. DEFINITIONS.
(3) "Firearm" means any device designed, made, or adapted to expel a projectile through a barrel by using the energy generated by an explosion or burning substance or any device readily convertible to that use. Firearm does not include a firearm that may have, as an integral part, a folding knife blade or other characteristics of weapons made illegal by this chapter and that is:
(A) an antique or curio firearm manufactured before 1899; or
(B) a replica of an antique or curio firearm manufactured before 1899, but only if the replica does not use rim fire or center fire ammunition.

And then:

§ 46.04. UNLAWFUL POSSESSION OF FIREARM. (a) A person who has been convicted of a felony commits an offense if he possesses a firearm:
(1) after conviction and before the fifth anniversary of the person's release from confinement following conviction of the felony or the person's release from supervision under community supervision, parole, or mandatory supervision, whichever date is later; or
(2) after the period described by Subdivision (1), at any location other than the premises at which the person lives.

If I read this correctly, Texas would let a felon possess a black powder or paperless rifle from Day 1 to Year 5 of their release from prison/parole, and a centerfire/rimfire weapon after the five year anniversary of their parole or release (whichever is later).

 

[Falconeer]

I highly recommend you check out:
http://www.floridafirearmslaw.com

It's the site of Jon H. Gutmacher, who is a Florida attorney specializing in firearms law. He writes a book called 'Florida Firearms Law' which is the defacto standard for non-lawyers. I have last years edition, and it's a great read.

 

[BUBBA74]

I highly recommend you check out:
http://www.floridafirearmslaw.com

It's the site of Jon H. Gutmacher, who is a Florida attorney specializing in firearms law. He writes a book called 'Florida Firearms Law' which is the defacto standard for non-lawyers. I have last years edition, and it's a great read.

Awesome Awesome Awesome

Mr. Gutmacher has a new customer! I've been looking for something like that to have on hand.

Thanks

 

[Falconeer]

No problem. Glad to help!

Awesome Awesome Awesome

Mr. Gutmacher has a new customer! I've been looking for something like that to have on hand.

Thanks