# Help-I Need Info on How Convicted Felons Can Legally Hunt



## steverino (Mar 8, 2006)

When my oldest son was young he make some mistakes and was convicted of a felony. He is older now, hopefully a little wiser and now wants to hunt with me this fall. I have read the TPWD handbook and reviewed the information available on the Internet (by the State but it is mostly definitions) about possession of a firearm by a convicted felon. I want to know what type of muzzleloader he can use to legally hunt with (black powder, flintlock, cap and ball, percussion, etc.-I am totally unfamiliar with these rifles! Some of these so called muzzleloaders? are almost no different in function and looks of a single shot rifle (I guess they just don't use a cartridge). I need help soon since the season is fast approaching and we need to come up with, sight in and become familiar with the appropriate rifle. Thanks in advance for your help.


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## Sea-Slug (May 28, 2004)

I had a friend who was in the same dillema. He was a longtime hunter who made a mistake mid-life. I believe not only could he not hunt with a firearm of anykind, they would not issue him a hunting license because it is illegal to pocess a deadly weapon including bow if you are a convicted felon. Maybe he was on probation then, maybe after you get off probation you can bow hunt, I am not sure. You Might try to get a pardon from the Governor if he has turned it around.


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## Titus Bass (Dec 26, 2008)

*Possession of firearms by felons:* A convicted felon, regardless of where the conviction occurred, may not possess or use a firearm (as defined by Penal Code, §46.01) to hunt in this state. Under Penal Code, §46.01, a muzzleloading firearm is lawful if it is an antique or curio firearm manufactured before 1899 or a replica of an antique or curio firearm manufactured before 1899 that does not use rimfire or centerfire ammunition.

http://www.tpwd.state.tx.us/publications/annual/hunt/means/


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## grandpa cracker (Apr 7, 2006)

Back in the 1970`s I could ( and did ) get a hunting license . If I would have gotten caught with the rifle , mandatory five years or so. I did`nt care , I still went deer,
duck and dove hunting. By law , you can`t even have a gun in your house if you
have been convicted of a felony , on parole or probation .
It`s not worth taking the chance of getting caught these days unless your love 
for hunting is worth more than your freedom. It depends on what one is convicted of
as to the odds of getting a pardon . If a firearm was involved, or a crime of a violent nature, might as well forget it. Also, depends on who is in office.
State Rep. Ed Watson was helping me to get a full pardon years ago but it did`nt work out because of another arrest. Four cops came to my house but a female cop was giving me the hassle and I told her to screw off . Went to jail for a disorderly conduct and it ruined my chances. The other cops at the scene told me that she was in the wrong and that I should`nt have gotten arrested. The female cop had a reputation for harassing men , I personally think she was a ***** or wanted to be a man . I think she eventually got fired as she tried to sue the Baytown P.D.
Anyway, POS Whitehead , if you are out there , ---- off .


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## mad dog (Jun 16, 2008)

*Pardon*

How would a person go about getting a pardon?


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## grandpa cracker (Apr 7, 2006)

mad dog said:


> How would a person go about getting a pardon?


There is a form to fill out ( if I`m not mistaken ). But, it is wise to get 
people such as a preacher,pastor, teacher, LEO`s, ex-parole/probation
officers , employers or anyone in high standing within the community
to write a letter of reference and send it in.
That is what I was doing at the time of my run in with that certain cop.
I blame myself for losing my temper but I had been doing so well and
I was pushed past my limit. At the time it happened, I had a successful
business , married with a little family and was a Sunday school teacher.
Knowing anyone in the political arena that is of the same thoughts
of the present governor is surely an asset even if you don`t agree with
their politics.
Maybe call the board of pardons and parole to get all the specific
information to get started. I think they will mail you the form .
Anything that shows you to have changed for the better will
certainly help .


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## Levelwind (Apr 15, 2005)

Titus Bass said:


> *Possession of firearms by felons:* Under Penal Code, §46.01, a muzzleloading firearm is lawful if it is an antique or curio firearm manufactured before 1899 *or a replica of an antique or curio firearm manufactured before 1899 that does not use rimfire or centerfire ammunition.*
> 
> http://www.tpwd.state.tx.us/publications/annual/hunt/means/


Don't take my word, but from reading this it appears that he'd be legal to hunt with one of the many modern day replica black powder muzzle loaders available. One of my good freinds hunts a lot with them (he's not a felon, just like's them), both rifles and shotguns. It's a hobby to itself, there's a lot to know to be safe and effective but he kills a lot of birds and animals. He doesn't use "cheaters" the modern breechloading blackpowder guns, all his are replicas of old cap and ball guns except for one which is a flintlock. He's shot stuff with the flintlock, but it is way more unpredictable than the others. Just based on being around him, I'd say stick with a "capgun" ignition system. One caution. Whatever you do, be prepared to stomp out a few little fires if it's dry. Especially with a shotgun. I sure hope this works out for y'all.


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## TXwhtlHNTR (Nov 19, 2008)

Xbow??


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## Outlaw Mo (Jan 23, 2005)

This is from the state of Texas website. Most current.

Sec. 46.04. UNLAWFUL POSSESSION OF FIREARM. (a) A person who has been convicted of a felony commits an offense if he possesses a firearm:
(1) after conviction and before the fifth anniversary of the person's release from confinement following conviction of the felony or the person's release from supervision under community supervision, parole, or mandatory supervision, whichever date is later; or
(2) after the period described by Subdivision (1), at any location other than the premises at which the person lives.
(b) A person who has been convicted of an offense under Section 22.01, punishable as a Class A misdemeanor and involving a member of the person's family or household, commits an offense if the person possesses a firearm before the fifth anniversary of the later of:
(1) the date of the person's release from confinement following conviction of the misdemeanor; or
(2) the date of the person's release from community supervision following conviction of the misdemeanor.


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## Outlaw Mo (Jan 23, 2005)

Definition of a "firearm" according to the Texas Penal Code.

(3) "Firearm" means any device designed, made, or adapted to expel a projectile through a barrel by using the energy generated by an explosion or burning substance or any device readily convertible to that use. Firearm does not include a firearm that may have, as an integral part, a folding knife blade or other characteristics of weapons made illegal by this chapter and that is:
(A) an antique or curio firearm manufactured before 1899; or
(B) a replica of an antique or curio firearm manufactured before 1899, but only if the replica does not use rim fire or center fire ammunition.
(4) "Firearm silencer" means any device designed, made, or adapted to muffle the report of a firearm.
(5) "Handgun" means any firearm that is designed, made, or adapted to be fired with one hand.


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## Kyle 1974 (May 10, 2006)

see dukes of hazard for details....

perfect reason to get into bowhunting...


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## gulfcoast cowboy (Nov 5, 2007)

convicted felons can hunt with and possess muzzle loaders legally


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## atcfisherman (Oct 5, 2006)

Sea-Slug said:


> I had a friend who was in the same dillema. He was a longtime hunter who made a mistake mid-life. I believe not only could he not hunt with a firearm of anykind, they would not issue him a hunting license because it is illegal to pocess a deadly weapon including bow if you are a convicted felon. Maybe he was on probation then, maybe after you get off probation you can bow hunt, I am not sure. You Might try to get a pardon from the Governor if he has turned it around.


A person whom has a conviction can use a compound bow, long bow or a cross bow in the state of Texas to hunt deer or hogs or varmints. My cousin was convicted in 1995 of a silly crime, but could hunt with these bows for his hunting. After he finished his probation, he had to wait 5 years before he could possess a fire arm on his property. Now at the hunting lease, he could use a muzzle loader, but that was only after 5 years.

But, I know for sure the compound bows, long bows and cross bows are allowed any time for convicts.


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## John Galt (Aug 6, 2006)

You might want to spend a couple hundred bucks getting a legal opinion if you don't have a buddy who is a lawyer. That's about the cost of a guided goose hunt or a day's offshore fishing split 4 ways, and it's peace of mind. 

Some guys might think it's a waste of money (we can all read...) but the law is intricate and we might not be seeing all of the relevant statutes. 

Plus, while you're at it, the lawyer might be able to give you tips on getting pardoned/expunged etc...those guys see your situation hundreds of times and know more about it than any of us on the board. 

My experience with lawyers (it's all been commercial transactions, capital markets, M&A, ISDAs, etc but it's probably the same idea) is that a GOOD lawyer knows the law, but he also knows people and understands business and can guide you....kind of like you pay a fishing guide to find where the fish are TODAY on a specific bay, even if you have 30 years experience yourself.

Edited to add: Game wardens also know, but I still like the lawyer idea - the lawyer can give you a legal opinion with his contact info etc citing the basis for why he thinks your friend is complying with the law. This plus some courtesy can save you a headache if you come across an uninformed or overzealous LEO. 

When I am involved with a transaction for my company, I always get a legal opinion even if I think I know darn well what the debt docs say (I helped write them...)


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## Tommy2000 (Mar 23, 2008)

Getting a legal opinion from a lawyer is best. What're ya gonna do? Tell the cops,"I got my info from guys on the internet"? It's your a** so cover it!


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## jarrod croaker (May 31, 2008)

the sheriff of your county has the right to give you your long arm rights back . meaning legal to have and carry rifle or shot gun but no pistols . have a cousin that screwed up when he was younger but his lawyer set up a deal with the sheriiff to get this done . he has a form he has to carry and also keeps a copy in his safe he now has more guns than me ive been there when the game warden searched and was mad when he found out there was nothing he could do about him having guns


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## hammerdown (Jan 10, 2009)

Im a bowhunter. I didnt know people still hunted with guns.


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## dwilliams35 (Oct 8, 2006)

Heck, just go to Mexico or Argentina. Problem solved.


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## Outlaw Mo (Jan 23, 2005)

jarrod croaker said:


> the sheriff of your county has the right to give you your long arm rights back . meaning legal to have and carry rifle or shot gun but no pistols . have a cousin that screwed up when he was younger but his lawyer set up a deal with the sheriiff to get this done . he has a form he has to carry and also keeps a copy in his safe he now has more guns than me ive been there when the game warden searched and was mad when he found out there was nothing he could do about him having guns


I can't say I ever heard of that being one of the powers of a Sheriff in the state of Texas. I never saw that being shown as a defense to prosecution per the Penal Code. I could be wrong, but I was a cop in south Texas for several years.


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## jdickey (Jan 30, 2009)

mad dog said:


> How would a person go about getting a pardon?


If it is a State level conviction, you must go through the Texas AG office for the pardon.

If it is a Federal Conviction, it requires a Presidential Pardon and must go through the Department of Justice.


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## grandpa cracker (Apr 7, 2006)

Outlaw Mo said:


> I can't say I ever heard of that being one of the powers of a Sheriff in the state of Texas. I never saw that being shown as a defense to prosecution per the Penal Code. I could be wrong, but I was a cop in south Texas for several years.


No sheriff can do it legally.


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## jarrod croaker (May 31, 2008)

well you better tell the jasper county sheriff that cause he didnt know he couldnt and also inform jefferson countys sheriff cause i heard he did the same thing for someone . also i think it only applys in that county


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## Trouthunter (Dec 18, 1998)

What John Galt said. Visit an attorney and see what you can do according to the law.

TH


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## crw91383 (Nov 21, 2008)

Best way to get a pardon is to get an attorney to file a request and schedule a hearing. Could take up to one year if not longer to get a pardon.


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## 24Buds (Dec 5, 2008)

crw91383 said:


> Best way to get a pardon is to get an attorney to file a request and schedule a hearing. Could take up to one year if not longer to get a pardon.


 The best way is to stay out of trouble in the first place. With that said, I can feel for someone who has turned their life around. Crime has punishments.

I agree with an attorney. Not knowing the details, best of luck. I hope he is able to hunt with you. I hope he has changed and learned from his mistakes.

24Buds


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## cjcass (May 31, 2009)

I am late seeing this forum, so please excuse any repetitive information.

Please do not forget the Federal statutes regarding a convicted felon and firemarms/ammunition.

Possession does not simply mean on your person. It includes an entire residence, vehicle, ect... The same goes for ammunition.

For example:

A convicted felon with a rifle and three bullets *could* be charged with (1) 18 USC 922-Felon in possession of a firearm and (2) 18 USC 922-Felon in possession of ammunition (3 counts as EACH shell/bullet constitutes a separate charge).

However, 18 USC 921 (B) deals with a caveat to the law regarding a "shotgun" and "shotgun shells" bein allowed for sporting purposes.

Pardon:

Please do not forget a pardon from the President is needed to expunge any federal felony charge.


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## FormerHR (May 21, 2004)

Yeah, you can disregard this post. I forgot about that little caveat of "possess where you live"


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