felons rights

[vandaliarndhse]

a friend of mine knows a guy that has atleast one felony. he says he can own and hunt with a muzzleloader. i've heard it depends on what class the felony is. been told a felon can have a shotgun for home protection. also been told felons can't own or even touch a firearm. anyone know the facts?

 

[Denny347]

Felon is a felon, it does not matter. A muzzle loader is not "firearm" and thus ok to posses. Felons cannot be "in possession" of firearms or ammunition. Holding either is "possession".

 

[phil]

From what I understand, muzzle loaders are OK...That's it.

 

[42769vette]

i dont know all the facts, bit i do know as far as indiana is concerned there is a list of felons who can have firarms. indiana only bars violent felons from having guns

that said it will still book the felon a reservation at club fed

 

[Centerfire]

anyone know the facts?

Don't know the facts.
Know where to get some faq's.

I have a felony record,
can I possess a cap and ball musket?​

Yes,
unless your felony conviction is for a crime listed under IC 35-47-4-5​

IC 35-47-4-5

 

[42769vette]

https://www.indianagunowners.com/fo..._discussion/57655-felons_w_muzzleloaders.html

this might help

 

[Denny347]

i dont know all the facts, bit i do know as far as indiana is concerned there is a list of felons who can have firarms. indiana only bars violent felons from having guns

that said it will still book the felon a reservation at club fed

no, all felons are barred from firearms in Indiana. However, serious violent felons get an enhanced felony if they are in possession. I have arrested several people for the SVF charge and the plea ranged from 8yrs to 15yrs. They do not play around with those. A "run of the mill" felon with a gun charge might get the person 1-2 yrs in Indy.

 

[42769vette]

no, all felons are barred from firearms in Indiana. However, serious violent felons get an enhanced felony if they are in possession. I have arrested several people for the SVF charge and the plea ranged from 8yrs to 15yrs. They do not play around with those. A "run of the mill" felon with a gun charge might get the person 1-2 yrs in Indy.

i could be completely wrong because im horible at understanding the wording on these codes

IC 35-47-4-5
Unlawful possession of firearm by serious violent felon
35-47-4-5 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 35-44-3-2);
(17) resisting law enforcement as a Class B felony or Class C felony (IC 35-44-3-3);
(18) escape as a Class B felony or Class C felony (IC 35-44-3-5);
(19) trafficking with an inmate as a Class C felony (IC 35-44-3-9);
(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.

is there another indiana code besides this one. its really a mute point since fed law overrides state. i was just under the impression some felons with guns could only get fed charges not state

 

[Kirk Freeman]

no, all felons are barred from firearms in Indiana.

Not exactly correct but mostly (there are exceptions).

However, which definition of firearm are you using, state or federal? are you speaking of Title I and II firearms or muzzleloaders? Are you speaking to the overlap of state and federal law?

i've heard it depends on what class the felony is. been told a felon can have a shotgun for home protection.

van, not picking on you, but this is a new one on me (it is incorrect unless the shotgun is a muzzleloader and the felon is non-SVF). Where did you hear this?

In the course of my gig, I've heard all kinds of nonsense and like to collect the gun rumors. Thanks much.

 

[Kirk Freeman]

is there another indiana code besides this one.

Yes, felons carrying handguns.

its really a mute point since fed law overrides state

No, it's not moot. Federal law does not consider muzzleloaders firearms; Indiana law does consider muzzleloaders firearms.

This point is a fine one, but very important, not silent at all.

i was just under the impression some felons with guns could only get fed charges not state

The USA does prosecute some but not all felon with firearms arrests. A majority of felons with guns (SVF and felons carrying handguns and probation violations) are prosecuted on a state level.

 

[Ashkelon]

Feds may allow the muzzleloader but the State will pop you for 6 to 20.

 

[HandK]

Federal laws are guide lines for states, Any state or local government can enact stricter laws than federal laws but not more lenient!!! And of course any one has the right to take such laws to the supreme court for a ruling on legality!!

 

[Trpanther]

Felons can not have any kind of firearm, I just met a felon last week. He just got out of prison for having a muzzleload . He to thought it was ok to have, he got 10 years for carrying one home from his uncles, and that was a plea bargain.