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hawkeye270's picture
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Location: Fort Collins, CO
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Felon Hunting With A Muzzleloader

I have a friend who found himself in an unfortunate situation earlier this fall. He is facing a deffered felony charge and is about a week away from it being official. The specifics of it look like it will be expunged from his record after two years of probation. Now my understanding was that even a convicted felon could hunt in Colorado with a muzzleloader. His lawyer however told him that he absolutely could not do it. He mentioned that the laws wording dealt with "any tool capable of propelling a projectile through the burning of any type of powder" or something like that. I know two different CONVICTED felons who have hunted with a muzzleloader for years. Is anyone in the know on the situation. My thoughts were maybe it had to do with them cutting him the "deffered" deal.

CVC
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Hmmmm.....someone gets advice

Hmmmm.....someone gets advice from a licensed practicing attorney, but disregards that and seeks a second opinion from anonymous forum members? 

If you're really interested in the answer and not just seeking a way to create a new topic for the points, then I'd suggest you google the question like I did.

It is not a good idea to give legal advice or take legal advice from people on the internet.

Big smile

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+1 to CVC's post. According

+1 to CVC's post.

According to the internet, yes a felon can hunt in Co, but I'd take the advice of my lawyer.

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I think it also depends on

I think it also depends on the restrictions that are placed on them.  Believe it or not, not all felons are prohibited from owning firearms.

There is a "firearms restriction" that is placed on pretty much anyone that is commited of an aggravated felony.  Anything that involves violence, drugs, etc. 

However, white collar crimes, or other felony crimes that are not in the violence realm, do not always have the restriction placed on them.  As a general rule, felons can't get firearms, but not ALWAYS.

That being said, I would take the advice of the attorney over anyone else.  That's what he/she gets paid for.

HeavyC's picture
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All depends on the charge &

All depends on the charge & sentence whether a felon can hunt period. Even archery! I have some understanding of the process, especially after a defferred sentence...PM me

hawkeye270's picture
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1) Am I really interested in

1) Am I really interested in the answer.... really? One of my best friends is facing the prospects of not being able to hunt the year after I got him into this tradition. Thanks for the genuine concern.

2) If anyone knows anything about squeezing the maximum amount of points from this forum... it is you. 336,000 points is pretty rediculous.

First of all no one is disregarding the advice of a licensed attorney. My room mate is not interested in doing anything risky, so that he can regain his hunting privledges as quickly as possible. He is currently not planning on doing any hunting other than with a bow but I told him that I thought it was worth exploring and I am doing the searching for the answer. He is just taking the advice of his lawyer. He is a good guy that just found himself in an unfortunate situation.

I am also not taking any advice recieved on the forum as gospel. I am rather just looking for people that have experience with this issue.

Thanks to the rest of you for your responses.

 

CVC
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It was pretty tough to get

It was pretty tough to get that high and I had to score high because I had you going neck to neck with me. I should point out I wasn't the highest scoring person in the contests.  One had nearly 400 thousand.

I am surprised you're not at the top this month....waiting for a late surge from you.

I asked the question about your interest in an answer because I and others have responded to other posts where you asked a question and then never returned to the post.  So, when one asks questions, gets responses and then never responds, it does make one wonder why they posted in the first place.

 

hawkeye270's picture
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I hear you

CVC wrote:

It was pretty tough to get that high and I had to score high because I had you going neck to neck with me. I should point out I wasn't the highest scoring person in the contests.  One had nearly 400 thousand.

 

I do believe when people were scoring in the 400,000 range... stories were worth 3 times what they were last month. Anyways...

I do not have nearly the amount of time to devote to the forum that others have had... especially in the last two weeks as my school load has exploded as the semester came to a close. I realize that I have not been as attentative as I normally am but school obviously takes a priority and its tough trying to stay competative while staying afloat with my school load. I will be done with finals this week and will have MUCH more time available for the site.

I must apologize to anyone that genuinely feels like they have been ignored. I appreciate the responses from everyone.

CVC
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I did not compete in the

I did not compete in the contests until last month so I didn't know the scoring had been changed.  I was using the past scores as a guage on how high I had to score to win.  That is why I kept pushing until the very end.

The one thing about a contest like this is that posts are scrutinized whereas if there wasn't a contest they wouldn't be.

Jim is going for the gold this month but he has competition.

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I'd be real careful

(1) As far as consulting a lawyer is concerned - I'd be real careful about that.

There's an old saying that goes, "Lawyers' opinions are like noses - everybody has one".

Most lawyers have an area of "expertise", just as doctors do. Many of them have no idea what the laws that apply to other areas say, and they may not arrive at the same opinion as another, even after doing a little research.

Have you or your friend checked with the local police department or the state police?

I know that can also be confusing, because I have talked to more than one DNR officer and received more than one interpretation of the game laws.

Your friend is probably wise to stay away from firearms until the probationary period is over. Maybe concentrating on bow hunting will make him a better bowhunter.

(2) As far as posting on this forum is concerned - c'mon boys, be nice.

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From a firearms law

From a firearms law perspective, there is nothing that prevents a felon from obtaining, possessing, and using a black powder rifle at the federal level. Black powder rifles are excluded from the definition of a "firearm" when discussing the NFA or GCA. Colorado law generally follows federal law in regards to firearms, although counties and municipalities may have their own laws.

As for obtaining the hunting permit, I presume that if its not a wildlife felony it shouldn't be an issue, although the game regulations are thick with nuances.

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