Hunting with a Class 6 felony

[SDPROV]

Can a 20 year old who is charged with a class 6 felony hunt in the stat of South Dakota? Have heard may conflicting reports on this. He has been told he has to wait one year and then can hunt. I allways thought a felony charge stayed in affect for longer than that. Thought maybe someone on here could shed some light on this! Thanks

[jigging-matt]

I might be wrong on this, but I always thought that once you were convicted of a felony you were no longer allowed to posses a firearm. You could still bow hunt, but no longer allowed to participate in any type of hunting with firearms.

[kc0myy]

you can hunt with a muzzle loader I THINK. but I think you have to call your probation officer and ask if you can own a muzzleloader. but for sodak I don't know anthing about hunting there.

[Jim Uran]

I'm pretty sure that they can't even hunt with a muzzleloader. That's in Mn though, I know some guys with felonies that are stuck strictly bow hunting, which isn't that bad I guess.

[BucksnDucks]

In MN those with felonies are still able 2 hunt with muzzleloader, all other firearms are a no go. It mite be worth ur friends time to look further into it and have it expunged. Alot of time but if it goes through well worth it! Good luck!

[michaelpettersen82]

You can DEFINETLY hunt with a muzzleloader in MN if you have a felony, also with bow as previously stated. I know because my cousin has a felony and he muzzleloads every year.

[Jameson]

Can a 20 year old who is charged with a class 6 felony hunt in the stat of South Dakota? Have heard may conflicting reports on this. He has been told he has to wait one year and then can hunt. I allways thought a felony charge stayed in affect for longer than that. Thought maybe someone on here could shed some light on this! Thanks

Maybe, A family member has a felony on his record, a very low non-violent offense, and he has been able to clear "waivers" to buy guns and has firearm hunted the past many years. The laws have so many if, buts, and exceptions, that I would ask a few lawyers and your local sheriff what they say.

My understanding is that for a violent felon to possess a muzzleloader in MN the muzzleloader must be ones that doesn't use something like the 209 primers, but rather must have a flash pan. I have never looked too far into it, might very well be wrong.

[Musky Buck]

I know 1 smart alec felon who tried to rifle hunt opening day, the CO and Deputy sheriff let him climb his stand and before 1st light gathered him up. Interesting question and wonder why muzzleloaders are allowed, I guess they aren't deemed a firearm.

[Tom7227]

Depends on what the felony is and how long ago it occurred.

In Minnesota there is a long list of what consistutes a crime of violence and if it is on that list then the prohibition lasts a lifetime. You can petition a court to have the right reinstated and in some instances that may be granted.

I would like to see where it says that you can posses a muzzleloader with a felony conviction. Can anyone provide that?

As for the specific question - I am not familiar with what consistutes a Class 6 felony in South Dakota or how it fits into any South Dakota firearm statutes.

[Jameson]

...I would like to see where it says that you can posses a muzzleloader with a felony conviction. Can anyone provide that?...

I couldn't find anything that I could link to, but do a search for "can a felon possess an antique firearm."

It seems felons can possess an antique firearm. Their is a federal law describing what is an antique firearm. Now does your state allow felons to purchase a firearms hunting license? Minnesota, yes. Wisconsin, no. South Dakota, ???

[Tom7227]

A modern muzzleloader does not qualify as an antique. It is a common misperception that felons can have black powder guns.

Minn. Stat. §624.712 Subd. 3 defines “Antique firearm”: means any firearm, including any pistol, with a matchlock, flintlock, percussion cap, or similar type of ignition system, manufactured before 1899 and any replica of any firearm described herein if such replica is not designed or redesigned, made or remade, or intended to fire conventional rimfire or conventional center-fire ammunition, or uses conventional rimfire or conventional center-fire ammunition which is not readily available in the ordinary channels of commercial trade.

There is no connect between purchasing a hunting license and having your firearms qualifications checked in Minnesota. There have been a number of stories in the paper about this, one in the Trib about a year ago where somehow they ran a cross check and supposedly found 3,000+ instances where deer licenses were bought by people who seemed to be probibited from possessing firearms.

[Jameson]

Yes, but in MN we need a hunting license to be an unarmed member of a hunting party. Also with cross tagging, if the licensed felon is doing a drive for an armed party member, and that party member kills a deer, the unarmed felon can tag the deer. So their is not necessarily a connection between felons purchasing a firearms license, and a possessing a firearm.

[paul pachowicz]

Jameson, made a few calls here in Rapid City, SD. First was to the Game, fish & parks (605-394-2391). 2nd was to the sheriff.

GF&P refered me to the AT&F in Sioux Falls. Thier number is 605-330-4368. The Sheriff offered some interesting exceptions. I'll not list them all because it could only confused the issue because there are several qualifiers/disqualifiers. My advice would be to call Sgt Dailey in the Pennington County sheriff's office @ 605-394-6113. I know we post these question here but, it's imparative that YOU get the information from the authorative sources. Hope this helps ya.

"pac"

[Dave S]

A modern muzzleloader does not qualify as an antique. It is a common misperception that felons can have black powder guns.

Minn. Stat. §624.712 Subd. 3 defines “Antique firearm”: means any firearm, including any pistol, with a matchlock, flintlock, percussion cap, or similar type of ignition system, manufactured before 1899 and any replica of any firearm described herein if such replica is not designed or redesigned, made or remade, or intended to fire conventional rimfire or conventional center-fire ammunition, or uses conventional rimfire or conventional center-fire ammunition which is not readily available in the ordinary channels of commercial trade.

My guess is this was put in place for guns such as Thompson Centers with the interchangeable barrels. Now from what I can tell, the loop-hole here might be what do they consider a replica? Will any muzzleloader be required to be a "replica" of guns built prior to 1899? From the text above, a percussion cap (209 primer) would be acceptable in the definition of a muzzleloader.

[MinDak Hunter]

The quotes below are from the ATF HSOforum. It also appears black powder muzzleloaders are NOT considered firearms by the ATF.

"...Certain persons who cannot legally receive or possess firearms and/or ammunition?

(1) Has been convicted in any court of a crime punishable by imprisonment for a term exceeding 1 year;

(2) Is a fugitive from justice;

(3) Is an unlawful user of or addicted to any controlled substance;

(4) Has been adjudicated as a mental defective or has been committed to a mental institution;

(5) Is an alien illegally or unlawfully in the United States or an alien admitted to the United States under a nonimmigrant visa;

(6) Has been discharged from the Armed Forces under dishonorable conditions;

(7) Having been a citizen of the United States, has renounced his or her citizenship;

(8) Is subject to a court order that restrains the person from harassing, stalking, or threatening an intimate partner or child of such intimate partner; or

(9) Has been convicted of a misdemeanor crime of domestic violence

(10) Cannot lawfully receive, possess, ship, or transport a firearm.

A person who is under indictment or information for a crime punishable by imprisonment for a term exceeding 1 year cannot lawfully receive a firearm.

Such person may continue to lawfully possess firearms obtained prior to the indictment or information."

[MinDak Hunter]

From US Code (Fed. Law)18USC92(a(16©

(3) The term “firearm” means

(A) any weapon (including a starter gun) which will or is designed to or may readily be converted to expel a projectile by the action of an explosive;

( the frame or receiver of any such weapon;

© any firearm muffler or firearm silencer; or

(D) any destructive device. Such term does not include an antique firearm.

(16) The term “antique firearm” means—

(A) any firearm (including any firearm with a matchlock, flintlock, percussion cap, or similar type of ignition system) manufactured in or before 1898; or

( any replica of any firearm described in subparagraph (A) if such replica—

(i) is not designed or redesigned for using rimfire or conventional centerfire fixed ammunition, or

(ii) uses rimfire or conventional centerfire fixed ammunition which is no longer manufactured in the United States and which is not readily available in the ordinary channels of commercial trade; or

© any muzzle loading rifle, muzzle loading shotgun, or muzzle loading pistol, which is designed to use black powder, or a black powder substitute, and which cannot use fixed ammunition. For purposes of this subparagraph, the term “antique firearm” shall not include any weapon which incorporates a firearm frame or receiver, any firearm which is converted into a muzzle loading weapon, or any muzzle loading weapon which can be readily converted to fire fixed ammunition by replacing the barrel, bolt, breechblock, or any combination thereof.

[MinDak Hunter]

In this case state law is stricter than Fed. law... Minnesota Statute 97a.015 defines a FIREARM as: Subd. 19.Firearm."Firearm" means a gun that discharges shot or a projectile by means of an explosive, a gas, or compressed air.

In fact, BB guns are not considered firearms under federal law, but are considered firearms under state law. This has been tested in the court of appeals, applying the definition of firearm under game and fish law.

I'll try to find MN case law on this and post later; I don't have WestLaw anymore so I'll have try other means...

[Tom7227]

In several cases where a BB gun was the weapon used courts have long upheld the use of the definition of “firearms” contained in Minn. Stat. §97A.015 Subd. 19 which is that it includes “a gun that discharges shot or a projectile by means of an explosive, a gas, or compressed air.” These cases involve instances where the BB gun was actually used during the commission of the crime. Those cases are: State v. Siefert, 256 N.W. 2d 87 (Minn. 1977) aggravated robbery with .177-caliber CO 2 BB pistol; State v. Hysell, 449 N.W. 2d 741 (Minn. Ct. App. 1990) second-degree assault with a .177-caliber compressed air pistol which could be pumped to increase pellet velocity; State v. Newman, 538 N.W.2d 476 (Minn. Ct. App. 1995) drive by shooting with a BB Gun; State v. Schwalm, 1998 Minn. App. LEXIS 836 (Minn. Ct. App. 1998) review denied by 1998 Minn. LEXIS 673 (Minn. 1998) second degree assault and pointing a dangerous weapon with a pellet gun.

The Minnesota Court of Appeals accepted the use of a BB gun where the status of the suspect was the major issue rather than the actual use of the gun during the commission of the crime.

The Court of Appeals ruled that Minn. Stat. §624.713 Subd 1( prohibits a person who has been convicted of a crime of violence from possessing a BB gun. See State v. Fleming, 724 N.W.2d 537, 2006 Minn. App., LEXIS 159. The trial court had dismissed the case by finding that the definition of ‘pistol’ specifically excluded BB guns. The Court of Appeals ruled that the ‘any other firearm’ language in the statute 624.713 meant that the definition of ‘firearm’ contained in Minn. Stat. §97A.015 Subd. 19 was controlling. That section defines a firearm as “a gun that discharges shot or a projectile by means of an explosive, a gas, or compressed air.”

In the unpublished case of State v. Glaser, 2005 Minn. App. LEXIS 606 (Minn. Ct. App. 2005) review denied by 2005 Minn. LEXIS 510 (Minn. 2005 ) the court affirmed the conviction for felon in possession where the defendant had a common BB gun, a Daisy Powerline 880 rifle, in the back seat of his car.

Crimes charged under Minn. Stat. §609.666 Negligent Storage of Firearms, and Minn. Stat. §609.669 Civil Disorder, both require that the projectile be expelled by force of an explosion and thus a BB gun cannot be the basis for charging under those statutes.