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Felons with firearms in Indiana
Cooch
Member Posts: 348 ✭✭✭
I have a friend who wants to hunt here in Indiana. He is a convicted felon. He is no longer on parole or probation.
I have been told by several people that he can hunt with a muzzle loader. I was told by ATFE that he cannot use an in-line. I am confuzzed.
I need two things. I figgured that this was the place to go.
First I need to know if anyone knows the exact restrictions in Indiana.
Second, I need to know if anyone knows of a legal reference that I could cite and copy for him to carry.
DNR has no problem with him getting the license...they told me the only restriction is that he cannot be in possesion of "modern" components...IE 209 primers... as I said...I am confuzzed.
I have been told by several people that he can hunt with a muzzle loader. I was told by ATFE that he cannot use an in-line. I am confuzzed.
I need two things. I figgured that this was the place to go.
First I need to know if anyone knows the exact restrictions in Indiana.
Second, I need to know if anyone knows of a legal reference that I could cite and copy for him to carry.
DNR has no problem with him getting the license...they told me the only restriction is that he cannot be in possesion of "modern" components...IE 209 primers... as I said...I am confuzzed.
Comments
I have a friend who wants to hunt here in Indiana. He is a convicted felon. He is no longer on parole or probation.
I have been told by several people that he can hunt with a muzzle loader. I was told by ATFE that he cannot use an in-line. I am confuzzed.
I need two things. I figgured that this was the place to go.
First I need to know if anyone knows the exact restrictions in Indiana.
Second, I need to know if anyone knows of a legal reference that I could cite and copy for him to carry.
DNR has no problem with him getting the license...they told me the only restriction is that he cannot be in possesion of "modern" components...IE 209 primers... as I said...I am confuzzed.
In other words, he must use a side locker. #11 percussion caps.
Here is an example of a side locker:
http://www.gunbroker.com/Auction/ViewItem.asp?Item=117055502
They still make new ones with the side hammer.
I get how to get around the in line thing. I want to get verification that the in line thing is correct and actual legal citations if posible.
Thanks...but not what I need.
I get how to get around the in line thing. I want to get verification that the in line thing is correct and actual legal citations if posible.
Then CALL your local sherrif, or see a lawyer. Felons in Indiana hunt every year with the BP rifle mentioned.
GB is NOT a place to seek SPECIFIC legal advise, nor should it be.
Some of the older inlines used number 11 caps or musket caps, both legal for your friend. The Austin Halleck 420 is a good example of a beautiful inline that shoots #11 caps as well as musket caps.
Does your friend want to use a scope? If so he needs one of the old inlines.
If he doesn't need a scope just get a Thompson Center Hawken and use patched round ball.
Great deer killer, works well on wild hogs too.
quote:Originally posted by Cooch
Thanks...but not what I need.
I get how to get around the in line thing. I want to get verification that the in line thing is correct and actual legal citations if posible.
Then CALL your local sherrif, or see a lawyer. Felons in Indiana hunt every year with the BP rifle mentioned.
GB is NOT a place to seek SPECIFIC legal advise, nor should it be.
I appreciate the HELPFULL advice I have been given here. When I asked for a CITATION I was looking for information that I could look up in Indiana Code. I am quite sure that there are people who read this forum who could answer this. I HAVE called ATFE and DNR and gotten conflicting information as well as having ATFE tell me that different counties interpret things differently.
Freemind, I do not know if you think that I am the felon or exactly why you are being snide with me. It is strange that this place can be a source of advice one day and a source of scorn another. I am merely trying to help a friend stay out of trouble. He is no saint and deserved everything that has happened. I am simply looking for directions to an OFFICIAL answer to this question. If this offends you.........that is your problem...I am not trying to start a war here and refuse to participate in one.
This problem brings to mind a situation with another friend from Indiana who hunted in Michigan. He carried a pistol, having an Indiana permit. Michigan recognizes Indiana permits...but not all LEO's KNOW that. He carried a copy of the citation of Michigan Law that recognized his permit along with the permit. Saved him a lot of trouble. I am only trying to do the same.
quote:Originally posted by freemind
quote:Originally posted by Cooch
Thanks...but not what I need.
I get how to get around the in line thing. I want to get verification that the in line thing is correct and actual legal citations if posible.
Then CALL your local sherrif, or see a lawyer. Felons in Indiana hunt every year with the BP rifle mentioned.
GB is NOT a place to seek SPECIFIC legal advise, nor should it be.
I appreciate the HELPFULL advice I have been given here. When I asked for a CITATION I was looking for information that I could look up in Indiana Code. I am quite sure that there are people who read this forum who could answer this. I HAVE called ATFE and DNR and gotten conflicting information as well as having ATFE tell me that different counties interpret things differently.
Freemind, I do not know if you think that I am the felon or exactly why you are being snide with me. It is strange that this place can be a source of advice one day and a source of scorn another. I am merely trying to help a friend stay out of trouble. He is no saint and deserved everything that has happened. I am simply looking for directions to an OFFICIAL answer to this question. If this offends you.........that is your problem...I am not trying to start a war here and refuse to participate in one.
This problem brings to mind a situation with another friend from Indiana who hunted in Michigan. He carried a pistol, having an Indiana permit. Michigan recognizes Indiana permits...but not all LEO's KNOW that. He carried a copy of the citation of Michigan Law that recognized his permit along with the permit. Saved him a lot of trouble. I am only trying to do the same.
Well Cooch, I will tell you why I am snide.
First off, I don't belive "felons" that are free from prison and probation OUGHT to have ANY restrictions on their rights. I find it unconstitutional and unacceptable.
Secondly, this isn't a "legal advice" site. Whatever info you get here, you got EXACTLY what you paid for it. Nothing. It won't hold water in a court of law ([8)] definate sarcasm) IF you want CONCRETE advise, CALL your local sherriff and ASK for the CODE specifically. THEN get a copy of that. Copying something off the internet is not really a good idea. Laws change and sometimes internet info is INCORRECT.
You want to be a friend? Get him something POSITIVE to carry, that is undisputable.
No, federal law prohibits a convicted felon from owning a firearm.
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.
IC 35-47-4-5
Unlawful possession of firearm by serious violent felon
35-47-4-5 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.
IC 35-41-5
Chapter 5. Offenses of General Applicability
IC 35-41-5-1
Attempt
Sec. 1. (a) A person attempts to commit a crime when, acting with
the culpability required for commission of the crime, he engages in
conduct that constitutes a substantial step toward commission of the
crime. An attempt to commit a crime is a felony or misdemeanor of
the same class as the crime attempted. However, an attempt to
commit murder is a Class A felony.
(b) It is no defense that, because of a misapprehension of the
circumstances, it would have been impossible for the accused person
to commit the crime attempted.
As added by Acts 1976, P.L.148, SEC.1. Amended by Acts 1977,
P.L.340, SEC.22.
IC 35-41-5-2
Conspiracy
Sec. 2. (a) A person conspires to commit a felony when, with
intent to commit the felony, he agrees with another person to commit
the felony. A conspiracy to commit a felony is a felony of the same
class as the underlying felony. However, a conspiracy to commit
murder is a Class A felony.
(b) The state must allege and prove that either the person or the
person with whom he agreed performed an overt act in furtherance
of the agreement.
(c) It is no defense that the person with whom the accused person
is alleged to have conspired:
(1) has not been prosecuted;
(2) has not been convicted;
(3) has been acquitted;
(4) has been convicted of a different crime;
(5) cannot be prosecuted for any reason; or
(6) lacked the capacity to commit the crime.
As added by Acts 1976, P.L.148, SEC.1. Amended by Acts 1977,
P.L.340, SEC.23.
IC 35-41-5-3
Multiple convictions
Sec. 3. (a) A person may not be convicted of both a conspiracy
and an attempt with respect to the same underlying crime.
(b) A person may not be convicted of both a crime and an attempt
to commit the same crime.
As added by Acts 1976, P.L.148, SEC.1. Amended by Acts 1977,
P.L.340, SEC.24.
NRA Lifetime Benefactor Member.
And to "Freemind"....I never said that I agreed with the law...I only sought to clarify the existing law....in the future you might want to take out your frustrations on an enemy..not the first target of opportunity. Oh...just for your information....a phone calls to law enforcement agencies are not proof....and as I said has proven to vary from call to call....but properly researched code is.
Again...thanks to those who have been helpfull.