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



## CollinsCraft77

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

Yes, Yes, NO!!!!


----------



## CollinsCraft77

yes to the bows, no to the muzzleloader? Do you know where the law is written in the code or whatever?


----------



## Gumbo1

CollinsCraft77 said:


> yes to the bows, no to the muzzleloader? Do you know where the law is written in the code or whatever?



I know it's in the Ga hunting regs book and on line.


----------



## Buzz

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.


----------



## Twenty five ought six

CollinsCraft77 said:


> 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.


----------



## kmckinnie

Gamo air rifle?


----------



## germag

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.


----------



## firebreather

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!!


----------



## Twenty five ought six

firebreather said:


> Yes u can hunt w a muzzle loader , u can go purchase one as well ,   !




Not if you are a convicted felon, and in the State of Georgia.


----------



## Throwback

firebreather said:


> 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

kmckinnie said:


> Gamo air rifle?



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

Page 13


> LEGAL FIREARMS & ARCHERY EQUIPMENT
> CONVICTED FELONS may not possess any firearm
> while hunting unless that individualâ€™s
> right to carry has been restored (OCGA
> § 16-11-131). This does not apply to archery
> equipment.


----------



## firebreather

Twenty five ought six said:


> 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

firebreather said:


> 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

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

firebreather said:


> 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

germag said:


> 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

huntfish said:


> 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

germag said:


> ??? 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.


----------



## Twenty five ought six

firebreather said:


> 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!



I'm proud for him.  Hope he enjoys it while he can.

A convicted felon can buy an AR-15 in a private transaction.  Doesn't mean its  legal for him to possess it.

The offense of possession of a firearm by a convicted felon has a mandatory 5 year prison sentence in Georgia.

A BP gun is a firearm in Georgia.

Those are facts, not opinions.  Every one is entitled to be guided by their own conscience and the degree of risk they are willing to accept.


----------



## Twenty five ought six

firebreather said:


> 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!





balvarik said:


> Please read
> 
> If he HONESTLY put on the line 11c that he was convicted of a felony and then if you would read page 3 Notice # 4.
> 
> So either your bud lied and fraudulently represented himself or the shop  who sold the gun and the clerk who went over the paperwork is wrong.
> 
> Pretty cut and dried.
> 
> Mike



O.K., let's not make it any more complicated than necessary.  

Firebreather is talking about a convicted felon buying a BP gun. No 4473 is required, so there is no need to lie.  Anyone can buy a  BP gun across the counter at a gunstore, Wal-mart, Bass Pro, or anywhere else and not have to fill out a 4473.  So to the extent that Firebreather says that his felon acquaintance went into a store and bought a BP with no problem, he is correct.  

NOTE, that there are some states that use the federal definition of firearm, and in those states (absent some other law) a felon can use a BP gun.  This is one area where there is not a national rule.


----------



## Throwback

pre-1899 guns and BP guns aren't considered "Firearms" per federal law. 


You can get a 1897 manufactured mauser rifle shipped to your home's door with NO background check and without going through a FFL. Same with a BP gun. ga state law considers them a firearm, though. 

T


----------



## Nicodemus

Throwback said:


> pre-1899 guns and BP guns aren't considered "Firearms" per federal law.
> 
> 
> You can get a 1897 manufactured mauser rifle shipped to your home's door with NO background check and without going through a FFL. Same with a BP gun. ga state law considers them a firearm, though.
> 
> T





T, that would include a Model 97 Wichester pump shotgun too, wouldn`t it?


----------



## Throwback

I have a link somewhere listing all the guns it covers. 

T


----------



## tournament fisher

T- please pm tournament fisher a copy of those guns. I would like to see the list.


----------



## Throwback

http://www.rawles.to/Pre-1899_FAQ.html

for nic



> Winchester Model 1897  Shotgun (serial # below 63,633 -- some sources say 64,668, but better to use the lower number as your guide).  That is a just a small fraction of the total of 1,024,700 M1897s produced!  A TAKEDOWN Model 1897 that is pre-1899 is VERY rare, since they were a factory special order item.  They command a big premium in price.



T


----------



## Nicodemus

Thanks gentlemen!


----------



## Twenty five ought six

Throwback said:


> pre-1899 guns and BP guns aren't considered "Firearms" per federal law.
> 
> T





> that would include a Model 97 Wichester pump shotgun too, wouldn`t it?



If it was actually manufactured before 1899.  It's the manufacture date that is key, not the Model date.

One source cites this as the cut-off serial number for Model 97's --



> Winchester Model 1897  Shotgun (serial # below 63,633 -- some sources say 64,668, but better to use the lower number as your guide).  That is a just a small fraction of the total of 1,024,700 M1897s produced!




Y'all are going to keep working at it until you get someone sent off to the penitentiary yet.


----------



## Throwback

Roger T said:


> look up senate bill 308 that  just got signed into law.



what does that have to do with this?

not being smart just don't have time to read the whole bill and apparently you are talking about something specific. 


T


----------



## Roger T

Throwback said:


> what does that have to do with this?
> 
> not being smart just don't have time to read the whole bill and apparently you are talking about something specific.
> 
> 
> T



i thought it would shed some lite on the o/p question along with the bp being  considered a firearm.i re-read it & it doesnt so i deleted my post.


----------



## racedude45

I do not know about all the legal stuff, but to answer the question yes, you can hunt if you are a convicted felon. You have to get your rights restored, and I have know idea how this is done. But I know from personal experince that a convicted felon can hunt. I used to Rabbit and coon hunt with a Gentleman that I will not name but he was a great man and hunter. I miss hunting with him but he is no longer with us. If yall remeber back when Reagan was president someone crashed thru the gates at the Augusta National golf course and tried to get to Reagan. Well lets just say he got in a little bit of trouble for that stunt, spent quite a few years in prision. Well he was a convicted felon that had he rights reinstated and was able to vote, hunt and purchase a firearm. Like I said I do not know how he got it done but he did, we were checked several times by DNR and he never had a problem.


----------



## Throwback

racedude45 said:


> I do not know about all the legal stuff, but to answer the question yes, you can hunt if you are a convicted felon. You have to get your rights restored, and I have know idea how this is done. But I know from personal experince that a convicted felon can hunt. I used to Rabbit and coon hunt with a Gentleman that I will not name but he was a great man and hunter. I miss hunting with him but he is no longer with us. If yall remeber back when Reagan was president someone crashed thru the gates at the Augusta National golf course and tried to get to Reagan. Well lets just say he got in a little bit of trouble for that stunt, spent quite a few years in prision. Well he was a convicted felon that had he rights reinstated and was able to vote, hunt and purchase a firearm. Like I said I do not know how he got it done but he did, we were checked several times by DNR and he never had a problem.



there is quite a bit of difference between a felon that has had his rights restored being able to legally possess and own a firearm and hunt with it and someone who has not done all that because they CAN'T. 


T


----------



## racedude45

throwback, I just answered his orginal question.. He never said if the person he was referring to had his rights restored. I was just explaining to him that he can hunt if he has them restored.
Knowhere did I say he could hunt without having his rights restored.


----------



## dbodkin

You folks go way too deep.....

Answer=No


----------



## Throwback

racedude45 said:


> throwback, I just answered his orginal question.. He never said if the person he was referring to had his rights restored. I was just explaining to him that he can hunt if he has them restored.
> Knowhere did I say he could hunt without having his rights restored.



I know I was just trying to get him to understand the difference. 

T


----------



## GONoob

racedude45 said:


> I do not know about all the legal stuff, but to answer the question yes, you can hunt if you are a convicted felon. You have to get your rights restored, and I have know idea how this is done. But I know from personal experince that a convicted felon can hunt. I used to Rabbit and coon hunt with a Gentleman that I will not name but he was a great man and hunter. I miss hunting with him but he is no longer with us. If yall remeber back when Reagan was president someone crashed thru the gates at the Augusta National golf course and tried to get to Reagan. Well lets just say he got in a little bit of trouble for that stunt, spent quite a few years in prision. Well he was a convicted felon that had he rights reinstated and was able to vote, hunt and purchase a firearm. Like I said I do not know how he got it done but he did, we were checked several times by DNR and he never had a problem.



I believe this is the First Offenders Act. Once you complete your sentence and send your paperwork to GBI you can have your record sealed.


----------



## Throwback

GONoob said:


> I believe this is the First Offenders Act. Once you complete your sentence and send your paperwork to GBI you can have your record sealed.



no that is a different thing and law on the books. First offender has to be done WHEN the plea is put before the court and both sides and the judge have to agree about it, and it isnt an option for some crimes/situations. Also, your record isn't really "sealed" it is just not availible on your criminal history to anyone but LEO's, prosecutors, etc who are involved in the adminstration of criminal justice (and use purpose code "C" when running a criminal history). when a person is under first offender sentence, they aren't "technically" a convicted felon, you would charge them with "possession of a firearm by a convicted felon" but "possession of a firearm by a first offender--two different code sections) because they arent actually convicted of the crime, they have just entered a plea, and if they do what the judge says they walk. If they mess up, he brings them back into court and the DO NOT get a trial, because they have already entered a plea, and he can sentence them to whatever is left on the sentence. 

Example: they get 10 years on a 20 year felony sentence. They serve 9 years and 6 months and then possess a firearm and get caught. The judge can call them before him and give them the other 10 years  and 6 months in prison. Trust me I have had cases where that was done to people . 


A pardon is done after the crime is committed, the person has served their sentence, it wasn't a voilent felony or drug trafficking, etc and many years have passed and they have proved themselves to be a good citizen. 

T


----------



## outdoorsman52

what if a covicted felon is hunting with bow but is riding in truck  with some one who is not a felon and this person has guns with him . the felons not using the guns but he is around them


----------



## germag

outdoorsman52 said:


> what if a covicted felon is hunting with bow but is riding in truck  with some one who is not a felon and this person has guns with him . the felons not using the guns but he is around them



I think he could possibly get in trouble over that....if he knows the guns are there, or should have reasonably known....and if they are where he could have access to them, then I believe that is technically a violation.


----------



## 2789britt

just check with your local sheriffs department on if you can aND IF SO HOW TO GET YOUR SECOND AMENDMENT RIGHTS RESTORED BY DUE LEGAL PROCESS.


----------



## Throwback

2789britt said:


> just check with your local sheriffs department on if you can aND IF SO HOW TO GET YOUR SECOND AMENDMENT RIGHTS RESTORED BY DUE LEGAL PROCESS.



how many times do I have to post on here that this process is done through the PARDON AND PAROLE BOARD? 

Here is the link to the application:

http://www.pap.state.ga.us/opencms/export/sites/default/resources/PardonApplication0410.pdf

T


----------



## Throwback

For those that think a muzzleloader is NOT a firearm under ga law. 


This is from the GA Board of pardon and parole's FAQ website:



> *Can I bow-hunt even if I do not receive a pardon or restoration of rights?
> Yes, you may bow-hunt without a pardon or restoration of rights. *
> 
> *Is a muzzle loader considered a firearm?
> Yes, a muzzle loader is considered a firearm. *



http://www.pap.state.ga.us/opencms/opencms/



T


----------



## mhayes

balvarik said:


> Well T,
> Ain't that why Bo and Luke used dem bow's against ol'Boss Hogg??
> 
> Ya figure at least Georgia boy's would know this fact after that documentary "The Dukes of Hazard'.
> 
> Mike



hehehehehe!!!

I just enjoying reading this. I never understood why you can mail order a BP gun, powder and bullets. But have to go to a FFl for other firearms. I know that is the way it is but just don't understand. If a felon wants to get a gun in his hands and can't get someone to sell him one person to person all he has to do is order one from bass pro. Then he can still break into a house or store and shoot some one. Just don't think you will see him in a street battle aginst some one with a 9 or 40.


----------



## Throwback

mhayes said:


> hehehehehe!!!
> 
> I just enjoying reading this. I never understood why you can mail order a BP gun, powder and bullets. But have to go to a FFl for other firearms. I know that is the way it is but just don't understand. .



The problem is you are using common sense and logic when trying to understand government and laws.  

T


----------



## FX Jenkins

dbodkin said:


> You folks go way too deep.....
> 
> Answer=No


----------



## tournament fisher

if you keep your nose clean and dont mess up during your probation then after the probation is over and you have waited 5 years then you can apply to the board for rights restoration however if you get caught while on probation with a gun hunting you can forget it forever. now to answer the question about hunting with a buddy and he has a gun and you have your bow---here is the answer--if the gun is locked in a case and he is in total control of the key and firearm at all times then yes you can take your buddy hunting. i am quoting this from a dnr officer i talked to at their office last year. you can even work as a guide on a plantation but remember in no way can you put a finger on that gun. that means if you are guiding someone and they get hurt you cant even take their gun back to the truck. you will have to get someone else to retrieve the gun. just do the right thing and before you know it you can get your rights restored unless you are a drug trafficker or sentenced to a mental hospital. the big problem is the federal law. even if you get your state rights back you still cant possess one by federal law so if a federal ranger really wanted to be hard on you he could. most possession by felon cases are usually just given more probation if caught by a state ranger but if the atf picks up the charge then its 10 years to the door. I THINK ITS BULLCRAP FOR THE VERY FEW FELONS THAT REALLY CHANGE THEIR LIVES AND THERE ARE SOME THAT REALLY DO!!!!!!!!


----------

