# felony and hunting??



## chef daddy (Dec 28, 2007)

i have an employee who has a felony on his record thats 10 years old,, fire arms posesion,, did all his legal obligations back then and is and has been clean as a whistle ever since!! ( dumb dumb teen age mistake) i want to take him hunting this spring for turkey!! he didnt apply , and i think he can buy leftover? even if he cant buy one? can he still be with me in the field? any help or advice as to who to ask ?? thanks fellow sportsmen !!


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## sourdough44 (Mar 2, 2008)

Somewhat related case in WI. Felon wants to gun deer hunt & he is caught in a blind with his GF & one gun. The GF is all legal for hunting & both had a license, legal to buy as a felon. The added factor over here is our 'group deer hunting' law, which allows another hunter with a license to legally tag a deer killed by another. If you are properly licensed & posses the gun at all times I can't see how it would matter who tags along with you. In the past my wife has walked with me grouse hunting, she just walking along.


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## tallbear (May 18, 2005)

chef daddy said:


> i have an employee who has a felony on his record thats 10 years old,, fire arms posesion,, did all his legal obligations back then and is and has been clean as a whistle ever since!! ( dumb dumb teen age mistake) i want to take him hunting this spring for turkey!! he didnt apply , and i think he can buy leftover? even if he cant buy one? can he still be with me in the field? any help or advice as to who to ask ?? thanks fellow sportsmen !!


 
Felon may NOT be in possession of a firearm. Either he tries to get the felony expunged or learn to use a bow.


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## chef daddy (Dec 28, 2007)

iwas told a bow is also considered a firearm? any thoughts?


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## bluedevil (Feb 13, 2003)

Depending on what the conviction is he may be able to get his rights back. If it was a violent crime or the crime was committed with a weapon he probably will never get it back though. 

*28.424 Restoration of rights by concealed weapons licensing board; application; fee; determination; circumstances;*
*judicial review.*​Sec. 4. (1) A person who is prohibited from possessing, using, transporting, selling, purchasing, carrying, shipping, receiving,
or distributing a firearm under section 224f(2) of the Michigan penal code, Act No. 328 of the Public Acts of 1931, being
section 750.224f of the Michigan Compiled Laws, may apply to the concealed weapons licensing board in the county in which
he or she resides for restoration of those rights.
(2) Not more than 1 application may be submitted under subsection (1) in any calendar year. The concealed weapons licensing
board may charge a fee of not more than $10.00 for the actual and necessary expenses of each application.
(3) The concealed weapons licensing board shall, by written order of the board, restore the rights of a person to possess, use,
transport, sell, purchase, carry, ship, receive, or distribute a firearm if the board determines, by clear and convincing evidence,
that all of the following circumstances exist:
(a) The person properly submitted an application for restoration of those rights as provided under this section.
(b) The expiration of 5 years after all of the following circumstances:
(​​_i_) The person has paid all fines imposed for the violation resulting in the prohibition.
(_ii_) The person has served all terms of imprisonment imposed for the violation resulting in the prohibition.
(_iii_) The person has successfully completed all conditions of probation or parole imposed for the violation resulting in the
prohibition.
(c) The person&#8217;s record and reputation are such that the person is not likely to act in a manner dangerous to the safety of
other persons.
(4) If the concealed weapons licensing board pursuant to subsection (3) refuses to restore a right under this section, the person
may petition the circuit court for review of that decision.

This is a copy and pasted from "Firearms Laws of Michigan"​


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## tallbear (May 18, 2005)

chef daddy said:


> iwas told a bow is also considered a firearm? any thoughts?


 
When "someone" makes statements you aren't sure are accurate, ask them for a reference to the "law" so you can research it yourself. Too many times this happens because "someone" told them that it is against the law and they believed what they were told and are "passing it along".


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## 22 Chuck (Feb 2, 2006)

I dont know about a bow BUT a muzzleloader is a firearm for the purposes mentioned. Just last fall some dude had to be helped out of the woods and he had a ML and was a felon and got busted-Cheboygan area-was on all the news.


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## slayer (Jun 1, 2002)

A bow is not considered a firearm .....


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## benchwarrant (Jan 28, 2006)

I support Slayer in that a bow is not considered a firearm . As for you regaining your right to possess a firearm, contact either an Attorney who specializes in criminal law in your area or even your local Prosecutors Office or area MDOC Probation Department. Ask to speak with a Probation Agent, he/she might be able to give you some guidance. They handle Felony cases. I know that the nature of the offense in which you were convicted has a lot to do with it. What many do not realize is that under Federal Law if you are convicted of the misdemeanor crime of Domestic Violence you cannot possess a firearm.


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## chef daddy (Dec 28, 2007)

hey just a thanxz to all that posted here to my questions,, this guy that works for me is a great kid!! he is as hard a worker i have had in my 20 years as a chef!! its a tough life cooking!! long hours and bad pay! he had a bad start inlife,, no excuse for his actions though!! and i tell him that all the time! but he sees all the hunting i do, and has gottin so excited about doing it! i was thinking about just stopping in to the state police post by my house and asking them the law?? any thoughts on that??? he has told me that he got pulled over, when he was 19 and had a gun,, he had dealt drugs,, but he wasnt caught with them! its just what he has told me so i go by that.. he said that he paid his fines and did his probation and has been clean ever since. so thats all i have to go by. but i am willing to get a lawyer and have his record expunshed, if thats what it will take,, he has a wife ,a home, and children and is a great dad,, .. call me a sucker if u want but i know a good seed when i see one,,!! please keep the advice coming ,, i want to make a move by march first ,so as to, get him out there for turkey season " legally" if i can! again thank you all!


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## chef daddy (Dec 28, 2007)

to the ones that posted a bow is not a fire arm?? i was pulled over last bow season,, for having a head light out. by a local yocal,, cop!! , to get to the point! i got back to the truck at dark took my coat and cloths off like i always do ,put them into my scent proof bag and was packing them up when a skunk walked up at me!! yes a skunk!! so i grabbed my bow through it in the truck and high tailed it out of there! now i know this sounds like a smelly story but its the truth!! so 10 min later i get pulled over,,and he sees by bow in the truck,, reads me the riot act,, runs my info in and , tells me he can arrest me for having a" FIRE ARM" in my vechile!!
so i freek. he makes me wait 10 minutes in the truck, while he runs my info,comes back and tells me to turn off the truck and step out of the truck!! he then tells me to remove my bow. which has no arrows attached, i had removed the quiver and it was in the bed. he tells me to put it in my case, and that i would be watched from here on out, and my name and liscence was in the system,... so i say thank you and truck it on home!! was he wrong or right about the fire arm status of the bow??


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## walleyeman2006 (Sep 12, 2006)

you cant carry an uncased bow in a vehicle plain and simple

a bow is not a fire arm......


At all times, rifles, shotguns, muzzleloading and other firearms and bows and arrows carried in or on any type of motor vehicle, including ORVs and snowmobiles, must be unloaded in both barrel and magazine, and either enclosed in a case, or unstrung, or equipped with and made inoperative by a manufactured keylocked trigger housing mechanism, or carried in the trunk of a vehicle with a trunk. These rules apply whether your vehicle is parked, stopped, moving or is on private or public property. A firearm transported in a motor-propelled boat or sailboat must be unloaded in both barrel and magazine when the motor is operating or the boat is under sail and may not be loaded until the momentum of the boat has ceased. Firearms must be unloaded in the barrel, and all arrows must be in a quiver when a hunter is afield outside the legal hunting hours. *Exception:* These rules do not apply to pistols carried under authority of a concealed pistol license or properly carried under authority of a specific exception from the requirement of a concealed pistol license.


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## xfdmazqgwu (Oct 28, 2006)

chef daddy said:


> i was thinking about just stopping in to the state police post by my house and asking them the law?? any thoughts on that???


If you do, make sure to speak with someone who has the proper authority to interpret the law. The average rank-and-file officer doesn't have the legal knowledge that most people assume they do. It's not their job to know everything about the law. When there's gray area, they write a ticket / arrest you and the prosecutor and judge sort out the details.

One thing you will want to watch out for is the nuanced legal meaning of "possession". With two people and one gun in a blind, vehicle, etc., it's possible for both to have legal possession of the gun. If you take your employee out hunting without dotting the I's & crossing the T's and an officer and prosecutor decide to throw the book at you, it could be a lot of trouble.


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## boehr (Jan 31, 2000)

chef daddy said:


> to the ones that posted a bow is not a fire arm?? i was pulled over last bow season,, for having a head light out. by a local yocal,, cop!! , to get to the point! i got back to the truck at dark took my coat and cloths off like i always do ,put them into my scent proof bag and was packing them up when a skunk walked up at me!! yes a skunk!! so i grabbed my bow through it in the truck and high tailed it out of there! now i know this sounds like a smelly story but its the truth!! so 10 min later i get pulled over,,and he sees by bow in the truck,, reads me the riot act,, runs my info in and , tells me he can arrest me for having a" FIRE ARM" in my vechile!!
> so i freek. he makes me wait 10 minutes in the truck, while he runs my info,comes back and tells me to turn off the truck and step out of the truck!! he then tells me to remove my bow. which has no arrows attached, i had removed the quiver and it was in the bed. he tells me to put it in my case, and that i would be watched from here on out, and my name and liscence was in the system,... so i say thank you and truck it on home!! was he wrong or right about the fire arm status of the bow??


A bow is not a firearm. The cops words were a simple slip just like your wording of fire arm being not two words but one word. A simple mistake that we can all make. However, the cop was not wrong about the possibility of being arrested for an uncased bow in a motorized vehicle. As stated in about every post that comes up about felons and firearms, make contact with your local prosecuting attorney to get the correct information verses unknowns on the internet. You will be much safer as far as legal ground that way. Advice you get here will be stated as the blind leading the blind.


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## M1Garand (Apr 12, 2006)

chef daddy,

Sounds like he was convicted of a specified felony which means he is eligable to have his firearms rights restored 5 years after all conditions were met (confinement, fines, parole, probation, etc). He must have them restored through his local gun board and they will make the determination. Felons and firearms comes up a fair amount. Here's some recent threads on it that may provide some answers: 

http://www.michigan-sportsman.com/forum/showthread.php?t=264626

http://www.michigan-sportsman.com/forum/showthread.php?t=203581

It's a complicated law and the single best advise is to contact an attorney who can see specifically what he is dealing with. You can also contact your local prosecuting attorney and get guidance.


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