General Hunting Discussion
Non violent felony crimes
11/14/06 @ 7:10 PM
My cousins co-worker has a non violent felony charge and he was told he could legally hunt muzzleloader. I thought felony meant no weapon at all so i decided to do some looking into it but found nothing because I cant open up .pdf files on this computer. He said about 2 yrs ago some law was changed but I'm sure I would have known about it but maybe I'm wrong. Any info you guys have as I'm curious now.
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Without going into to much detail. I found out this year that I am not a felon, the charge was actually dismissed back in 94 after I had completed my probation and such, it was just never brought to my attention till I check myself and had an oficer friend of mine check into it for me. Basically as someone else had mentioned that it was part of the deal I reached only the DA of the county I was convicted in held true to his word. Yes the have co2 22lr as well. Never said they didn't. You can get just about anything you want nowadays, if it can be dreamed up it can be made. I will do some research and see if I can find the link for the co2 shotgun.
If I'm not mistaken but you can still group deer hunt during the gun season in Wisconsin. So a felon can go along hunting and do deer drives and have someone in his party use his tag for group bagging. Besides in order for a person to do a deer drive they need to have a deer lic. That a felon can do without having a gun.
No they do not, they told me any felon can buy a license because they are making money off of you. Just dont get caught with a firearm. Possession of a firearm by a felon is a felony in itself and punishable up to 10 years in prison. Get caught twice or a 3rd felony and your in for life under 3 strike rule. Yeah, WOW! I also know people who do it but I guess they just dont check or run there names through the computer, if you have a license and are not doing anything really wrong they just check your license like fishing. I cant believe the dnr doesnt realize felons register deer. One of these days the computer is gonna kick out a list and there done for. If you dont admit to possession or killing the deer then they get you for mistagging because a felon cant be part of a hunting party. Then you get someone else in trouble plus homes vehicles weapons could get seized.
I THINK THE WISCONSIN GUN LAWS SUCK! I can take down a moose with archery but I cant shoot a squirrel with a 410. Non violent felony should be looked at on a case by case basis. If I was a violent felon and wanted to do harm with a firearm I wouldnt go to fleet farm and buy one I would steal it, easily out of any vehicle at a bar during hunting season. I dont think this law deterrs really bad criminals at all, Just punishes the ones or most that made a mistake in judgement once. Hunting is a good way and time to think about what your doing with your life and a good way to stay clean and out of trouble but they take it away from us. I could do alot of damage with a bow if i really wanted to. I think in wisconsin a pellet or bb gun is a firearm now, so how can you hunt squrrels? Just venting while I sit home during gun deer season!
a pardon is the ONLY way to be able to posess a firearm as a convicted felon. A DNR official can NOT allow this. I have arrested felons for "spotting" deer with unloaded rifles. I have educated convicted felons on what they are allowed to do as it concerns hunting for the last 10 years. A muzzleloader, or any weapon that is discharged by an explosive charge is a firearm. Felons can NOT possess or touch a firearm, to include constructive possession. Wisconsin does pardon felons, Doyle does so on a yearly basis probably a dozen people. Courts can expunge a record following a successful completion of probation and then allow possessing a firearm. Don't forget a misdemeanor Domestic charge can also be a disqualifier for posessing a firearm. Besides being a PO, I'm also a magistrate, I hate hearing "I didn't know" as an excuse for felons handling firearms. I don't care if it's violent or not. A felon is not a "mistake", suck it up.
You can have him check the online court access page and look himself up and he may be surprised. That is how I found out, been long enough that they dismissed, I was never notified and was just a kid when it all happened and don't recall all of the details of the court proceedings. But upon further investigations I am free to hunt again. Mine was also a non-violent felony, the courts do some strange things. But I am greatfull for my family and changing my life around or I would have never been in this position. Just my $.02.
As a one time felon, long story, a muzzleloader is now considered a firearm in the state of WI due to the inline nature of all new muzzleloaders. They are not the black powder of old. The state changed this law 2 years ago making it illegal for a felon to hunt with a muzzleloader. You can still bowhunt with a felony and you can still gun deer hunt, there are co2 powered shotguns. A 12 gauge co2 runs a little over $1200. But it is legal to deer hunt with one as a felon as it is not gun powder discharged. You can small game hunt with a pellet rifle but not a .22 as a .22 is gun powder discharged. Hope this isn't to confusing, but as I said as a one time convicted felon I know all the little idiosycrosies that still allowed me to hunt. As for a pardon, the state of WI does not pardon anyone for any reason. Believe me I tried, spent alot on lawyers and came to the same outcome every time. No deal in the state of WI. You would have had to be wrongly convicted and have DNA evidence of it to be pardoned in WI. Your best bet is to go and see the DA that convicted you and have him do an investigation into your life since conviction and have him petition the courts to dismiss the charge due to time served and satisfaction of all orders.
there is another way. one of my buddies helps teach hunters safety. he had a felony theft about 20 years ago. did his probation and has not been in trouble since. they put his paperwork through to the head dnr guy, and was allowed to teach and hunt again. so you don't need to go to the governor. i guess my bud tried that for over ten years and never heard a word from it. good luck.
I have often wondered about this because a muzzleloader is not considered a "firearm" by the Government in other instances. That's why there is no paperwork, no background check etc. You can buy them over the internet or mailorder and they can be shipped through the mail right to your house with no FFL or anything.
I don't know the answer to this question - but I do know that a Muzzleloader in most other cases IS NOT considered a "firearm".
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