Can a convicted felon hunt with.............

Thread starter #1
Sure you guys have covered this one but here it is again. Was asked today and I didn't know answer. Can a convicted felon hunt with a


Bow?
Crossbow?
Muzzleloader?
 

Buzz

Senior Member
#5
O.C.G.A. § 16-11-131
Possession of firearms by convicted felons and first offender probationers

(a) As used in this Code section, the term:

(1) "Felony" means any offense punishable by imprisonment for a term of one year or more and includes conviction by a court-martial under the Uniform Code of Military Justice for an offense which would constitute a felony under the laws of the United States.

(2) "Firearm" includes any handgun, rifle, shotgun, or other weapon which will or can be converted to expel a projectile by the action of an explosive or electrical charge.

(b) Any person who is on probation as a felony first offender pursuant to Article 3 of Chapter 8 of Title 42 or who has been convicted of a felony by a court of this state or any other state; by a court of the United States including its territories, possessions, and dominions; or by a court of any foreign nation and who receives, possesses, or transports any firearm commits a felony and, upon conviction thereof, shall be imprisoned for not less than one nor more than five years; provided, however, that if the felony as to which the person is on probation or has been previously convicted is a forcible felony, then upon conviction of receiving, possessing, or transporting a firearm, such person shall be imprisoned for a period of five years.

(b.1) Any person who is prohibited by this Code section from possessing a firearm because of conviction of a forcible felony or because of being on probation as a first offender for a forcible felony pursuant to this Code section and who attempts to purchase or obtain transfer of a firearm shall be guilty of a felony and shall be punished by imprisonment for not less than one nor more than five years.

(c) This Code section shall not apply to any person who has been pardoned for the felony by the President of the United States, the State Board of Pardons and Paroles, or the person or agency empowered to grant pardons under the constitutions or laws of the several states or of a foreign nation and, by the terms of the pardon, has expressly been authorized to receive, possess, or transport a firearm.

(d) A person who has been convicted of a felony, but who has been granted relief from the disabilities imposed by the laws of the United States with respect to the acquisition, receipt, transfer, shipment, or possession of firearms by the secretary of the United States Department of the Treasury pursuant to 18 U.S.C. Section 925, shall, upon presenting to the Board of Public Safety proof that the relief has been granted and it being established from proof submitted by the applicant to the satisfaction of the Board of Public Safety that the circumstances regarding the conviction and the applicant's record and reputation are such that the acquisition, receipt, transfer, shipment, or possession of firearms by the person would not present a threat to the safety of the citizens of Georgia and that the granting of the relief sought would not be contrary to the public interest, be granted relief from the disabilities imposed by this Code section. A person who has been convicted under federal or state law of a felony pertaining to antitrust violations, unfair trade practices, or restraint of trade shall, upon presenting to the Board of Public Safety proof, and it being established from said proof, submitted by the applicant to the satisfaction of the Board of Public Safety that the circumstances regarding the conviction and the applicant's record and reputation are such that the acquisition, receipt, transfer, shipment, or possession of firearms by the person would not present a threat to the safety of the citizens of Georgia and that the granting of the relief sought would not be contrary to the public interest, be granted relief from the disabilities imposed by this Code section. A record that the relief has been granted by the board shall be entered upon the criminal history of the person maintained by the Georgia Crime Information Center and the board shall maintain a list of the names of such persons which shall be open for public inspection.

(e) As used in this Code section, the term "forcible felony" means any felony which involves the use or threat of physical force or violence against any person and further includes, without limitation, murder; felony murder; burglary; robbery; armed robbery; kidnapping; hijacking of an aircraft or motor vehicle; aggravated stalking; rape; aggravated child molestation; aggravated sexual battery; arson in the first degree; the manufacturing, transporting, distribution, or possession of explosives with intent to kill, injure, or intimidate individuals or destroy a public building; terroristic threats; or acts of treason or insurrection.

(f) Any person placed on probation as a first offender pursuant to Article 3 of Chapter 8 of Title 42 and subsequently discharged without court adjudication of guilt pursuant to Code Section 42-8-62 shall, upon such discharge, be relieved from the disabilities imposed by this Code section.
 
#6
yes to the bows, no to the muzzleloader? Do you know where the law is written in the code or whatever?
The confusion over muzzleloaders arises because there are two definitions of firearms and two sets of laws applying to their possession by felons.

Under federal statutes, the definition of firearms does not include black powder, non-cartridge firing guns. So if a state incorporates the federal definition, or copies the federal definition, a felon may possess a BP gun.

Georgia, however, has its own definition of firearms, and included in that definition are BP guns. So under Georgia law, a felon may not possess a BP gun.

The restriction is not on what the convicted felon may hunt with, it is on what he may possess. So the restriction is not in the DNR regs, and DNR (and related laws) really have nothing to do with the issue.
 

germag

Gone But Not Forgotten
#8
An air rifle is not considered a firearm. A firearm is any device that expells a projectile by the use of an explosive or electrical charge.
 
#9
Yes u can hunt w a muzzle loader , u can go purchase one as well , but pistols , rifles , shotguns forget it they won't let u leave the store with it!!
 

Throwback

Senior Member
#11
Yes u can hunt w a muzzle loader , u can go purchase one as well , but pistols , rifles , shotguns forget it they won't let u leave the store with it!!
no you cannot. see the definition of firearm in the above post with ocga 16-11-131. a muzzleloader is a firearm per ga law.


T
 

Throwback

Senior Member
#12
only for species that an air rifle is legal game for. it is not a foirearm per ga law.


if the felon is on probation or parole, generally there is a provision of that that states they cannot own or possess a dangerous weapon whiile on prob/parole. this is up to the parole/probation dept as to what that means


t
 

tsknmcn

Senior Member
#13
Page 13
LEGAL FIREARMS & ARCHERY EQUIPMENT
CONVICTED FELONS may not possess any firearm
while hunting unless that individual’s
right to carry has been restored (OCGA
§ 16-11-131). This does not apply to archery
equipment.
 
#14
Not if you are a convicted felon, and in the State of Georgia.




Go to the gun store if your a convicted felon n buy one n see if you don't bring it out , have a friend who just purchased one less than 30 days ago for the up coming season , n he had no problem , n he is a convicted felon ! See I guess even tho a person makes a mistake 20'yrs ago he's still a bad person huh? Seems to be the consensus on this website and I truly think that blows! N even u try to pardon yourself u better have about 20,000 to pad a governers pocket or charity. Or u will wait yrs to get thru the paperwork on his desk!
 

Throwback

Senior Member
#15
Go to the gun store if your a convicted felon n buy one n see if you don't bring it out , have a friend who just purchased one less than 30 days ago for the up coming season , n he had no problem , n he is a convicted felon ! See I guess even tho a person makes a mistake 20'yrs ago he's still a bad person huh? Seems to be the consensus on this website and I truly think that blows! N even u try to pardon yourself u better have about 20,000 to pad a governers pocket or charity. Or u will wait yrs to get thru the paperwork on his desk!

1) ga STATE law is not the same as the federal law that requires background check.

a pre 1899 gun is not considered a "firearm" per federal law, but IS a firearm per ga law.

2) he asked a LEGAL question and we answered it. that is a far thing from AGREEING with it.

3) same as some states making assault weapons illegal, though they are legal by federal law.

the law in ga says it is illegal. just because a loophole in the FEDERAL law says he can possess one, don't mean he can't possibly be charged with it.



T
 

Throwback

Senior Member
#16
firebreather,

yor friend needs to contact the parole board to try to get a pardon for his crime if it was 20 years ago and he hasn't been in any m ore trouble.


as far as your bribe comment goes, last one I had to deal with was a dirt poor nearly homeless guy and his went through first time so there goes that theory.



T
 

germag

Gone But Not Forgotten
#17
Go to the gun store if your a convicted felon n buy one n see if you don't bring it out , have a friend who just purchased one less than 30 days ago for the up coming season , n he had no problem , n he is a convicted felon ! See I guess even tho a person makes a mistake 20'yrs ago he's still a bad person huh? Seems to be the consensus on this website and I truly think that blows! N even u try to pardon yourself u better have about 20,000 to pad a governers pocket or charity. Or u will wait yrs to get thru the paperwork on his desk!
Georgia law considers muzzleloaders as firearms. Federal law does not. Just because he walks out of WalMart with a muzzleloader doesn't mean he's not in violation of State law. State law does not require any paperwork or checks to purchase a firearm, Federal law does. When you fill out the paperwork (form 4473) to purchase a firearm, that's Federal, not State. Since a muzzleloader is not considered a firearm under Federal law, no paperwork is required.

I'm not even sure what you're talking about as far as "pardoning yourself". You can't pardon yourself, and the Governor doesn't issue pardons or expunge convictions or restore rights. That's done by Pardons and Paroles in Georgia. The accusation or implication that a Governor or other public official is corrupt and accepting bribes in any form is a serious one. Committing a felony crime is not a "mistake". Forgetting to carry the "1" in your checkbook is a mistake. Committing a felony is a decision and an action.
 

huntfish

Senior Member
#18
Georgia law considers muzzleloaders as firearms. Federal law does not. Just because he walks out of WalMart with a muzzleloader doesn't mean he's not in violation of State law. State law does not require any paperwork or checks to purchase a firearm, Federal law does. When you fill out the paperwork (form 4473) to purchase a firearm, that's Federal, not State. Since a muzzleloader is not considered a firearm under Federal law, no paperwork is required.

I'm not even sure what you're talking about as far as "pardoning yourself". You can't pardon yourself, and the Governor doesn't issue pardons or expunge convictions or restore rights. That's done by Pardons and Paroles in Georgia. The accusation or implication that a Governor or other public official is corrupt and accepting bribes in any form is a serious one. Committing a felony crime is not a "mistake". Forgetting to carry the "1" in your checkbook is a mistake. Committing a felony is a decision and an action.
I think what Throwback is refering to is that there are ways for a felon to have his "right to own" restored legally.
 

germag

Gone But Not Forgotten
#19
I think what Throwback is refering to is that there are ways for a felon to have his "right to own" restored legally.
??? I wasn't replying to TB...we actually were "crossposting", both of us replying to the same poster.

I know a felon can, in certain cases, have his rights restored....all I said was that the Governor doesn't do that in Georgia....the Board of Pardons and Paroles does.

By the way, even if a felon has his rights restored, that does not automatically include the right to purchase, receive, own, or possess firearms. That has to be specified in the application to BPP and specifically restored by them.
 

Sweetwater

Senior Member
#20
??? I wasn't replying to TB...we actually were "crossposting", both of us replying to the same poster.

I know a felon can, in certain cases, have his rights restored....all I said was that the Governor doesn't do that in Georgia....the Board of Pardons and Paroles does.

By the way, even if a felon has his rights restored, that does not automatically include the right to purchase, receive, own, or possess firearms. That has to be specified in the application to BPP and specifically restored by them.

Yep. Have a friend who went through this process a couple of years ago.
 
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