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Post by jacj6389 on Nov 17, 2013 15:13:30 GMT -5
15 years ago I committed a white collar, non-violent, crime and pled guilty to a federal felony. I paid a $3,000 fine and did 10 months in a half-way house. I have had no legal trouble whatsoever since. I was always an avid hunter, but have only bowhunted in the years since my conviction. Recently a friend told me I can hunt with a muzzleloader in the state of Indiana. Is this true? Are there specific kinds of muzzleloaders that have to be used. I appreciate whatever insight or knowledge you can share. Thanks. |
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Post by dbd870 on Nov 17, 2013 17:13:31 GMT -5
I have 2 sections of code for you:
IC 35-47-4-5 Version a
Unlawful possession of firearm by serious violent felon
Note: This version of section effective until 7-1-2014. See also following version of this section amended by P.L.158-2013, SEC.590, effective 7-1-2014, and following version of this section amended by P.L.214-2013, SEC.40, effective 7-1-2014.
Sec. 5. (a) As used in this section, "serious violent felon" means a person who has been convicted of:
(1) committing a serious violent felony in:
(A) Indiana; or
(B) any other jurisdiction in which the elements of the crime for which the conviction was entered are substantially similar to the elements of a serious violent felony; or
(2) attempting to commit or conspiring to commit a serious violent felony in:
(A) Indiana as provided under IC 35-41-5-1 or IC 35-41-5-2; or
(B) any other jurisdiction in which the elements of the crime for which the conviction was entered are substantially similar to the elements of attempting to commit or conspiring to commit a serious violent felony.
(b) As used in this section, "serious violent felony" means:
(1) murder (IC 35-42-1-1);
(2) voluntary manslaughter (IC 35-42-1-3);
(3) reckless homicide not committed by means of a vehicle (IC 35-42-1-5);
(4) battery as a:
(A) Class A felony (IC 35-42-2-1(a)(5));
(B) Class B felony (IC 35-42-2-1(a)(4)); or
(C) Class C felony (IC 35-42-2-1(a)(3));
(5) aggravated battery (IC 35-42-2-1.5);
(6) kidnapping (IC 35-42-3-2);
(7) criminal confinement (IC 35-42-3-3);
(8) rape (IC 35-42-4-1);
(9) criminal deviate conduct (IC 35-42-4-2);
(10) child molesting (IC 35-42-4-3);
(11) sexual battery as a Class C felony (IC 35-42-4-8);
(12) robbery (IC 35-42-5-1);
(13) carjacking (IC 35-42-5-2);
(14) arson as a Class A felony or Class B felony (IC 35-43-1-1(a));
(15) burglary as a Class A felony or Class B felony (IC 35-43-2-1);
(16) assisting a criminal as a Class C felony (IC 35-44.1-2-5);
(17) resisting law enforcement as a Class B felony or Class C felony (IC 35-44.1-3-1);
(18) escape as a Class B felony or Class C felony (IC 35-44.1-3-4);
(19) trafficking with an inmate as a Class C felony (IC 35-44.1-3-5);
(20) criminal gang intimidation (IC 35-45-9-4);
(21) stalking as a Class B felony or Class C felony (IC 35-45-10-5);
(22) incest (IC 35-46-1-3);
(23) dealing in or manufacturing cocaine or a narcotic drug (IC 35-48-4-1);
(24) dealing in methamphetamine (IC 35-48-4-1.1);
(25) dealing in a schedule I, II, or III controlled substance (IC 35-48-4-2);
(26) dealing in a schedule IV controlled substance (IC 35-48-4-3); or
(27) dealing in a schedule V controlled substance (IC 35-48-4-4).
(c) A serious violent felon who knowingly or intentionally possesses a firearm commits unlawful possession of a firearm by a serious violent felon, a Class B felony.
As added by P.L.247-1999, SEC.1. Amended by P.L.14-2000, SEC.76; P.L.17-2001, SEC.17; P.L.222-2001, SEC.5; P.L.151-2006, SEC.21; P.L.126-2012, SEC.58.
IC 35-47-1-5
"Firearm"
Sec. 5. "Firearm" means any weapon:
(1) that is:
(A) capable of expelling; or
(B) designed to expel; or
(2) that may readily be converted to expel;
a projectile by means of an explosion.
As added by P.L.311-1983, SEC.32. Amended by P.L.3-2008, SEC.254.
So a muzzleloader is considered a firearm in IN. As for the rest if your conviction doesn't fall in to one of those catgories, you are OK.
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Post by stevein on Nov 17, 2013 18:23:14 GMT -5
It may be worth paying an attorney to see if you could get a pardon for your crime. It would be worth it just to not have to worry about it anymore. Good luck.
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Post by featherduster on Nov 18, 2013 7:58:11 GMT -5
Instead of trusting your future to Internet lawyers contact your local Conservation officer or as stevein stated your attorney and see where you stand.
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Post by INhuntin on Nov 29, 2013 9:39:28 GMT -5
Contact your Lawyer to see if you can get your firearms rights reinstated, if not the newer type of crossbows are almost rifles or shoot like it.
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