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#1065533 - 03/27/09 12:49 PM Can convicted felons hunt?
Keith_H Offline
Member

Registered: 03/03/05
Posts: 420
Loc: Cromwell
A freind of mine is currently in jail. He was convicted of a felony DUI. I know that he can't hunt with or posess a gun when he gets out, but my question is. Can he Bow hunt or use a muzzle loader? He is not a violent person but he made a mistake he is now paying for. Does anyone know if I can still hunt with him when he gets out?

I finally figured out why we get up so early in the morning to fish. It's not so much the sunrise bite that gets us out there; but the fact that once we have a wife and kids the only time we can actually get to the lake is at that ungodly hour!
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#1065535 - 03/27/09 12:57 PM Re: Can convicted felons hunt? [Re: Keith_H]
LEE Offline
Member

Registered: 02/18/02
Posts: 830
Loc: COLUMBIA, CT
BLACK POWDER 4 SURE
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#1065561 - 03/27/09 02:57 PM Re: Can convicted felons hunt? [Re: LEE]
EnCon Police Offline

Moderator

Registered: 03/01/04
Posts: 3899
He can only archery hunt. A black powder rifle is still considered a firearm for the purposes of the prohibition for convicted felons.

Here is the definition from the statute:

Connecticut General Statutes, Sec. 53a-3. Definitions. Except where different meanings are expressly specified, the following terms have the following meanings when used in this title:

(19) "Firearm" means any sawed-off shotgun, machine gun, rifle, shotgun, pistol, revolver or other weapon, whether loaded or unloaded from which a shot may be discharged;

Here is the statute that prohibits the possession:

Sec. 53a-217. Criminal possession of a firearm or electronic defense weapon: Class D felony. (a) A person is guilty of criminal possession of a firearm or electronic defense weapon when such person possesses a firearm or electronic defense weapon and (1) has been convicted of a felony, (2) has been convicted as delinquent for the commission of a serious juvenile offense, as defined in section 46b-120, (3) knows that such person is subject to (A) a restraining or protective order of a court of this state that has been issued against such person, after notice and an opportunity to be heard has been provided to such person, in a case involving the use, attempted use or threatened use of physical force against another person, or (B) a foreign order of protection, as defined in section 46b-15a, that has been issued against such person in a case involving the use, attempted use or threatened use of physical force against another person, (4) knows that such person is subject to a firearms seizure order issued pursuant to subsection (d) of section 29-38c after notice and an opportunity to be heard has been provided to such person, or (5) is prohibited from shipping, transporting, possessing or receiving a firearm pursuant to 18 USC 922(g)(4). For the purposes of this section, "convicted" means having a judgment of conviction entered by a court of competent jurisdiction.

(b) Criminal possession of a firearm or electronic defense weapon is a class D felony, for which two years of the sentence imposed may not be suspended or reduced by the court.
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#1065624 - 03/27/09 07:02 PM Re: Can convicted felons hunt? [Re: EnCon Police]
shellback Offline
Member

Registered: 03/03/06
Posts: 347
He CANNOT hunt at all with any type of weapon if he is comming home on parole or Transitional supervision(TS). He will get remanded into custody if he is caught. Tell him to go fishing
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#1065629 - 03/27/09 07:40 PM Re: Can convicted felons hunt? [Re: shellback]
EnCon Police Offline

Moderator

Registered: 03/01/04
Posts: 3899
 Originally Posted By: shellback
He CANNOT hunt at all with any type of weapon if he is comming home on parole or Transitional supervision(TS). He will get remanded into custody if he is caught. Tell him to go fishing


Forgot about parole/TS requirements....most of the questions regarding felons are for people that were arrested years ago.

If he wants to archery hunt he should clear it with is PO first and make sure he can carry a bow and a knife. They may say NO and like Shellback said...tell him to go fishing...without a knife.
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#1065635 - 03/27/09 08:13 PM Re: Can convicted felons hunt? [Re: EnCon Police]
shellback Offline
Member

Registered: 03/03/06
Posts: 347
I am a Parole Officer and this question has been asked and the answer has always been NO. They're conditions state no weapon what so ever and a bow is considered a weapon.
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#1065649 - 03/27/09 09:04 PM Re: Can convicted felons hunt? [Re: EnCon Police]
old fart Offline
Member

Registered: 07/26/06
Posts: 437
Loc: Rocky -overtax- Hill, CT
Nah. I think he is screwed. No matter what he does or how much he pays for his crime this is one of those things that never leaves you. He can vote of course_ since clearly that doesn't imply being responsible_ (witness the last election) but he can't carry.

This is where people get confused. They wonder how a state can suspend your 'right' to own a fire arm. Well the problem is firearm ownership isn't a 'right' at all. You second amendment people out there should think about this.

1. Federal law generally makes it a felony for a person to be in possession of a firearm if the person has any prior felony conviction.

2. Federal law contains an explicit statutory exception which provides that the federal criminal offense of firearms possession is inapplicable to persons who have had their civil rights restored on the predicate state felony conviction.(4)

3. Whether a person has had his or her civil rights restored for a state conviction is determined by state and NOT federal law.

4. The federal law requires that for federal law to recognize the state restoration of rights, the state restoration must include the right to vote, the right to seek and hold public office, and the right to serve on a jury. (5)

5. If the state restoration of rights includes the three aforementioned rights the federal law contains an additional federal "unless" clause which looks to state law to see if the state imposes any restriction on the right of the convicted felon to possess a weapon (e.g., some states such as North Carolina prohibit the subsequent possession of a handgun but would allow the individual to possess a rifle or shotgun).

6. If there is some added firearms restriction under state law then the federal "unless" clause is triggered to make the possession of any firearms unlawful under federal law notwithstanding the state's restoration of civil rights. Thus, if the state says that a restored-rights felon may possess a shotgun but not a pistol, the state has allowed the felon to possess the shotgun under state law BUT, because the state has created some firearm restriction for a convicted felon, this means that the federal prohibition applies with full force notwithstanding a state restoration of rights.


So in other words in CT you are screwed. Screwed beyond ever getting by the problem. Over_ done_ you loose_ can’t take it back no matter what it was. In some states you could get your possession ‘privileges’ back. Depends on the state. I’m not a lawyer so you should check with one in this state before you do anything but my guess is you are in for a tough time.

Hey_ I’m not an advocate of jumping behind the wheel of a multi-thousand pound vehicle and tossing down the highway at 60mph when you are toasted but if no one gets killed there are worse things you could do. Sorry about your buddy. Heavy price to pay.

"Let the people think they govern and they will be governed."
--William Penn
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#1065650 - 03/27/09 09:05 PM Re: Can convicted felons hunt? [Re: shellback]
MattC Offline

Member

Registered: 06/13/05
Posts: 2381
Loc: Cheshire CT
I believe there is a way that he can get his right back to own long guns seeing as he didnt commit a violent crime but he will need to talk to a lawyer about that.

Member of Wallingford Rod and Gun Club

Clarke Building and Remodeling llc
(203)537-1529
https://www.facebook.com/pages/Clarke-Building-and-Remodeling-LLC/271375419549717
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#1065705 - 03/27/09 11:18 PM Re: Can convicted felons hunt? [Re: MattC]
MyGirl Offline

Member

Registered: 03/19/03
Posts: 2100
It seems odd to tie together fishing and hunting laws with others, but we do. Unfortunately other things like voting rights are also part of the picture.
While I feel sorry for your friend, I would have to know why he was a felony offender, and why he might have been sentenced to jail for a first offense. Seems like there is more to be said here regarding the nature/seriousness of his offense, that landed him in jail.
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#1065744 - 03/28/09 12:34 AM Re: Can convicted felons hunt? [Re: MyGirl]
thevinman Offline

Member

Registered: 07/19/06
Posts: 1356
Loc: Alpharetta, GA
It's unfortunate your bud got in trouble...but it sounds like this either was not a simple 1st offense or something really bad happened as a result. I don't think a first offense DUI is an automatic felony.

While he might not be violent at all, getting a felony DUI certainly demonstrates an incredible level of irresponsibility. It's not like littering, or running a red light...this is some serious stuff.

When my father taught me to shoot handguns, I still remember him drilling into my head, the level of responsibility I would need to demonstrate...the level of discipline and respect for this thing that could take a life as easily as point and click.

If your buddy can't demonstrate to "society" that he is responsible enough to avoid becoming a felon, then I would not want to be near this dude with a loaded gun.

Let me be clear though. I fully support firearm ownership for everyone, and their grandma, but how low are we going to set the bar for acceptable adult behavior these days?

I know I'm gonna get a rash of $hit for this post, but come on!

-Vinny
My Profile

"Try not. Do, or do not. There is no try." - Jedi Master Yoda

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