Saturday, December 19, 2009

Can a person with a felony own a black powder gun or a bow and arrow in the State of Indiana?

My boyfriend has a felony and has been given the opportunity to go hunting with a friend. He knows he cannot own a firearm, but is trying to find out if he can own a black powder gun or a bow and arrow or crossbow to go hunting with in the state of Indiana. Can anyone let me know where to find this information?Can a person with a felony own a black powder gun or a bow and arrow in the State of Indiana?
Here is a copy of Indiana Code dealing with firearms and felons;





%26lt;A name=IC35-47-4-5%26gt;IC 35-47-4-5


Unlawful possession of firearm by serious violent felon


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 (%26lt;A name=IC35-42-1-1%26gt;IC 35-42-1-1);


(2) voluntary manslaughter (%26lt;A name=IC35-42-1-3%26gt;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 (%26lt;A name=IC35-42-2-1%26gt;IC 35-42-2-1(a)(5));


(B) Class B felony (%26lt;A name=IC35-42-2-1%26gt;IC 35-42-2-1(a)(4)); or


(C) Class C felony (%26lt;A name=IC35-42-2-1%26gt;IC 35-42-2-1(a)(3));


(5) aggravated battery (%26lt;A name=IC35-42-2-1.5%26gt;IC 35-42-2-1.5);


(6) kidnapping (%26lt;A name=IC35-42-3-2%26gt;IC 35-42-3-2);


(7) criminal confinement (%26lt;A name=IC35-42-3-3%26gt;IC 35-42-3-3);


(8) rape (%26lt;A name=IC35-42-4-1%26gt;IC 35-42-4-1);


(9) criminal deviate conduct (%26lt;A name=IC35-42-4-2%26gt;IC 35-42-4-2);


(10) child molesting (%26lt;A name=IC35-42-4-3%26gt;IC 35-42-4-3);


(11) sexual battery as a Class C felony (%26lt;A name=IC35-42-4-8%26gt;IC 35-42-4-8);


(12) robbery (%26lt;A name=IC35-42-5-1%26gt;IC 35-42-5-1);


(13) carjacking (%26lt;A name=IC35-42-5-2%26gt;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 (%26lt;A name=IC35-44-3-2%26gt;IC 35-44-3-2);


(17) resisting law enforcement as a Class B felony or Class C felony (%26lt;A name=IC35-44-3-3%26gt;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 (%26lt;A name=IC35-45-9-4%26gt;IC 35-45-9-4);


(21) stalking as a Class B felony or Class C felony (IC 35-45-10-5);


(22) incest (%26lt;A name=IC35-46-1-3%26gt;IC 35-46-1-3);


(23) dealing in or manufacturing cocaine or a narcotic drug (IC 35-48-4-1);


(24) dealing in methamphetamine (%26lt;A name=IC35-48-4-1.1%26gt;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.





With definition of firearm here as Indiana code





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.





So you have to ask if it's a vilonet felony as difeinde by Indiana law.





Indiana firearms season includes the use of Shotguns, handguns, muzzle loading rifes, muzzle loading pistols, and pistol cartridge rifles. Muzzle loading season includes the use of muzzle loading rifes and muzzle loading pistols. As long as the equipment meets the regulations.





Can a person with a felony own a black powder gun or a bow and arrow in the State of Indiana?
He needs to ask a LEO, probation officer, parole officer, game warden, etc. Technically, black powder and archery equipment are NOT considered firearms, as they do not require a background check when purchasing them.





Also, if he is a felon, he cannot even be in possession of a firearm.
If you cant legally own a gun you cant legally possess it either. So its not an ownership issue. Check your local laws most likely a muzzle loader is out, as far as a bow depends on state to state.
Ask your parole officer.
Go here to find out.*.%26gt; Indiana gun laws.com
Why does he have to own the gun to go hunting?





There is nothing wrong borrowing one from a friend or relative.





And if he gets a blackpowder gun he has to hunt in muzzleloader season only. Also the same goes for a bow, archery season only.
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