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08/01/2014 @ 08:48 AM
 

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 Can a Felon still bowhunt for deer?

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Greg Holz
 July 14 2008 04:51PM  
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Quote by: KidIcarus

As a felon you can not possess any weapon, EVEN A BOW.



This is not entirely true. In Wisconsin you can still bowhunt if you are a convicted felon. See http://dnr.wi.gov/org/land/wildlife/faq/felon/Q1.htm for the official WI DNR response. If the State of Iowa is any different I can't find an example. Nor has anyone here shown that to be true.


 
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smiley
 July 14 2008 04:53PM  
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this horse dont whinney but he's butted heads alot to win this paticular rodeo, saddle up with caution


 
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vrod
 July 14 2008 06:15PM  
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I've got a friend whose wife was convicted of a felony and he can't have any firearms in his home.That would really suck!


 
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Bigdog
 July 14 2008 07:00PM  
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Quote by: KidIcarus

As a felon you can not possess any weapon, EVEN A BOW.

I believe someone else said it, the judge won't even consider your application for rights until after about 5 years, then usually only if it was a non-violent crime.

Now, because of a lack of communication you can still get a hunting license and you can get tags even if you are a felon. They don't check that stuff.... It is still illegal, even if you didn't know it was illegal and you sold licenses and tags.

I only know all of this cuz an old friend has been letting me use his tree stands and hunting property until he is a full citizen again.



Well I read this whole post before responding. This is a very true statement. I know not from Iowa law but from a friend that was convicted of a felony in Louisiana and it carried over to Texas. He actually did hunt deer with a bow and killed the 5th largest non typical in texas history with his bow then the $hit hit the fan.

Here is what happend. He was convited of a vehicular homicide since his truck hydroplaned into an on comming vehicle and a person in that other vehicle died. That person just happend to be his cousin. Yeah no kidding his aunt was driving. Well since he had beer in his system (0.04) and a death occured he was convicted and it lasted 5 years. Well because he killed such a great buck it was found out by Louisiana and he was dragged back into court. Now because of the law the way it was written he felt that he could use a bow and his Texas PO officer said he thought it to be ok he did hunt. That is the only reason that Louisiana didn't convict him on the charges of the bow hunting. Both of those states believe that a Bow is considered a firearm under their law and therefore illigal to own. He had to sign over his guns to a friend and get them out of the house. He has now been cleared from the courts after 5 years and can now legally hunt with whatever he wants too.

I know all of what I just said to be fact in this case. In Iowa I don't have a clue. but this is food for thought. It is truly in the eyes of the law holders in this state and not a DNR issue.

David


Common sense ain't all that common.
 
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hacksaw
 July 14 2008 07:48PM  
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BigDog- Not denying your experience but here again is Texas Code. Sure don't seem like a Bow would fit in their prohibited possession by a felon either? And their definition of a firearm. Much like IOWA code.

§ 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.
(c) A person, other than a peace officer, as defined by
Section 1.07, actively engaged in employment as a sworn, full-time
paid employee of a state agency or political subdivision, who is
subject to an order issued under Section 6.504 or Chapter 85, Family
Code, under Article 17.292 or Chapter 7A, Code of Criminal
Procedure, or by another jurisdiction as provided by Chapter 88,
Family Code, commits an offense if the person possesses a firearm
after receiving notice of the order and before expiration of the
order.
(d) In this section, "family," "household," and "member of a
household" have the meanings assigned by Chapter 71, Family Code.
(e) An offense under Subsection (a) is a felony of the third
degree. An offense under Subsection (b) or (c) is a Class A
misdemeanor.

Acts 1973, 63rd Leg., p. 883, ch. 399, § 1, eff. Jan. 1, 1974.
Renumbered from Penal Code § 46.05 and amended by Acts 1993, 73rd
Leg., ch. 900, § 1.01, eff. Sept. 1, 1994. Amended by Acts 2001,
77th Leg., ch. 23, § 2, eff. Sept. 1, 2001; Acts 2003, 78th Leg.,
ch. 836, § 4, eff. Sept. 1, 2003.


§ 46.041. UNLAWFUL POSSESSION OF METAL OR BODY ARMOR BY
FELON. (a) In this section, "metal or body armor" means any body
covering manifestly designed, made, or adapted for the purpose of
protecting a person against gunfire.
(b) A person who has been convicted of a felony commits an
offense if after the conviction the person possesses metal or body
armor.
(c) An offense under this section is a felony of the third
degree.

Added by Acts 2001, 77th Leg., ch. 452, § 1, eff. Sept. 1, 2001

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
(Cool 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.
(6) "Illegal knife" means a:
(A) knife with a blade over five and one-half
inches;
(Cool hand instrument designed to cut or stab
another by being thrown;
(C) dagger, including but not limited to a dirk,
stiletto, and poniard;
(D) bowie knife;
(E) sword; or
(F) spear.
(7) "Knife" means any bladed hand instrument that is
capable of inflicting serious bodily injury or death by cutting or
stabbing a person with the instrument.
(8) "Knuckles" means any instrument that consists of
finger rings or guards made of a hard substance and that is
designed, made, or adapted for the purpose of inflicting serious
bodily injury or death by striking a person with a fist enclosed in
the knuckles.
(9) "Machine gun" means any firearm that is capable of
shooting more than two shots automatically, without manual
reloading, by a single function of the trigger.
(10) "Short-barrel firearm" means a rifle with a
barrel length of less than 16 inches or a shotgun with a barrel
length of less than 18 inches, or any weapon made from a shotgun or
rifle if, as altered, it has an overall length of less than 26
inches.
(11) "Switchblade knife" means any knife that has a
blade that folds, closes, or retracts into the handle or sheath, and
that:
(A) opens automatically by pressure applied to a
button or other device located on the handle; or
(Cool opens or releases a blade from the handle or
sheath by the force of gravity or by the application of centrifugal
force.
(12) "Armor-piercing ammunition" means handgun
ammunition that is designed primarily for the purpose of
penetrating metal or body armor and to be used principally in
pistols and revolvers.
(13) "Hoax bomb" means a device that:
(A) reasonably appears to be an explosive or
incendiary device; or
(Cool by its design causes alarm or reaction of any
type by an official of a public safety agency or a volunteer agency
organized to deal with emergencies.
(14) "Chemical dispensing device" means a device,
other than a small chemical dispenser sold commercially for
personal protection, that is designed, made, or adapted for the
purpose of dispensing a substance capable of causing an adverse
psychological or physiological effect on a human being.
(15) "Racetrack" has the meaning assigned that term by
the Texas Racing Act (Article 179e, Vernon's Texas Civil Statutes).
(16) "Zip gun" means a device or combination of
devices that was not originally a firearm and is adapted to expel a
projectile through a smooth-bore or rifled-bore barrel by using the
energy generated by an explosion or burning substance.


If it ain't broke don't fix it!
 
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smiley
 July 14 2008 07:50PM  
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yup,and if you are hunting in most of the counties in iowa with anything but a camera while on paper for a felony you will be commiting a crime in your states eyes


 
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THA4
 July 14 2008 08:33PM  
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boy this is a stupid arguement!

IN IOWA

a convicted Felon CAN bow hunt, any bow, any broadhead.......

IN IOWA

a convicted Felon cannot hunt with a muzzleloader, however, federally a convicted Felon can own and hunt with a ML, but IOWA prohibits a felon owning a firearm of any type. A BOW IS NOT A FIREARM

Webster defines a ~Fire-arm~ as:
~a small arms weapon as rifle or pistol from which a projectile is fired by gunpowder.........

key word there is gun powder. Muzzleloader is a different story that the government has adjusted.....


How i know this is simple.....
i am related to and know very closely numerous individuals that are affected by this rule on both sides of the arguement.



so bottom line is very simple, IN IOWA, A CONVICTED FELON CAN BOW HUNT!


Live It Up!!
 
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Bigdog
 July 14 2008 09:22PM  
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hacksaw,

I don't dissagree with you at all. I'm just letting all know what happened to my friend. I do know what I said to be fact. Thats all. I don't even want to go into what "MY" opinion is. Mr. Green

THA4,

Thanks for the clarification on Iowa Law.

David


Common sense ain't all that common.
 
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stitch
 July 14 2008 09:33PM  
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I'm sure it's case by case, but anyone that says you absolutely cvan't hunt in Iowa as a felon is dead wrong.

Exhibit A. I had a very good friend that was a felon as a juvenile. The courts left his firearms rights up to his PO, who ok'd it as long as he is with immediate family while hunting.

Exhibit B. I have a relative that is a convicted felon, and he got the ok the court system to bow hunt.


Don't cry...........
 
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hacksaw
 July 14 2008 09:40PM  
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Big Dog- Yep, who knows what is right? I guess what I would assume to be right would be based on the interpretation of the Code by the Iowa Attorney General with consideration given to actual Case Law and any appeals that may have been heard by the Iowa Supreme Court. So far, in all of this discussion, I haven't heard yet of ANYONE who has been charged or convicted of a "felon in possession of a Bow/Arrow" ? I would think if there had been a conviction that it might have been challenged because of the wording of the Law if that was the intent. Anyone have a connection at the Statehouse? A Legislator friend? In any, case the wording should be changed to make it more easily understood.


If it ain't broke don't fix it!
 
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