# Another Felony?



## gman12 (Mar 6, 2003)

I just found out this morn, that the guy I have been bowhunting with got a felony when he was 18yrs. old,hes 65 now and has been hunting for the last 40 yrs. He bought a shotgun years ago ftf. My question is, can I get into any trouble for hunting with him? I,m gonna find someone to hunt with next year, but this is kinda short notice for this year. Maybe I just won't hunt this year till after gun season. Can he legally hunt with a muzzle loader? Thanks


----------



## Crowhunter (Aug 27, 2005)

I don't think they go back that far and why wouldn't you want to hunt with this guy .Bud


----------



## foxriver6 (Oct 23, 2007)

Depending on the felony, firearm privileges are automatically restored 3 years after all fines and terms of parole are met. Other felonies stipulate a five year period and the felon has to petition the local gun board for formal restoration of privileges. 

A muzzleloader is considered a firearm so what I stated above applies.


----------



## wildcoy73 (Mar 2, 2004)

So something has went wrong and your looking for a way out?
It was a long time ago and looks like he has paid his debt and has been a decent person since than. I would not worry about it. Enjoy your friendship and have fun.


----------



## gman12 (Mar 6, 2003)

I'm just concerned about me getting in trouble. The only reason I found out about it , I said I might conseder using a hand gun this coming Sat. for deer . He told me 10 years ago, he tried to purchase one and he was denied becaus of said felony. Hey if he gets in trouble, oh well but I'm just concerned about me. I have a cpl and don't want any trouble. I won't carry when I'm with him, for my own peace of mind. I haven't been able to hunt for about the last 4 years and this guy is a great find for me. 85 acres, 6 stands already up and food plots already in. Also cloe to home. The muzzle loader question was because I don't know if he would be able to use that either. Wasn't looking for a way out of anything, just trying to keep my ass out of trouble. Thanks


----------



## jlcrss (May 17, 2006)

gman12 said:


> I'm just concerned about me getting in trouble. The only reason I found out about it , I said I might conseder using a hand gun this coming Sat. for deer . He told me 10 years ago, he tried to purchase one and he was denied becaus of said felony. Hey if he gets in trouble, oh well but I'm just concerned about me. I have a cpl and don't want any trouble. I won't carry when I'm with him, for my own peace of mind. I haven't been able to hunt for about the last 4 years and this guy is a great find for me. 85 acres, 6 stands already up and food plots already in. Also cloe to home. Thanks


The answer is no. You can't get into trouble for felon in possession of a firearm if you aren't the felon or with the felon. Like the guy said earlier it was in the past and if he has been a decent guy I would look past it. If it were the case you would have to do a criminal background check on everyone you ever hunted with. How can you be responsible for knowing that.


----------



## gman12 (Mar 6, 2003)

Thanks for the replies, that helps ease my mind and I'm the only one in this situation that I'm worried about. Again thanks.


----------



## toto (Feb 16, 2000)

I quess I fail to understand how you could get in trouble. It was his felony, which is pretty much a moot point after all this time, but it wasn't your felony, so again, why would you get into trouble?


----------



## flinch (Aug 10, 2003)

see fishcapades answer.


----------



## Fishcapades (Mar 18, 2003)

Gman12,
If you want the right anwser please contact the DNR or better yet a attorney.

So many people are missinformed...


----------



## Greenbush future (Sep 8, 2005)

There is a process that is called expungement and depending on the type of felony he was convicted of he may or may not be able to get his ownership rights restored. If he was in a violent crime, I would guess no but certain felonies (I'm no expert) he can get this resolved. But like others stated I dont think this is your problem and you can continue to enjoy all his offerings (land and food plots and the rest)


----------



## frenchriver1 (Jul 5, 2005)

Not quite sure how being in the company of someone who has some kind of questionable record can impact you. Guilt by association?


----------



## flinch (Aug 10, 2003)

Fishcapades said:


> Gman12,
> If you want the right anwser please contact the DNR or better yet a attorney.
> 
> So many people are missinformed...


This is the most correct answer.


----------



## foxriver6 (Oct 23, 2007)

Here is the actual felon in possession of a firearm law:

*THE MICHIGAN PENAL CODE (EXCERPT)*
*Act 328 of 1931*

*750.224f Possession of firearm by person convicted of felony; circumstances; penalty; applicability of section to expunged or set aside conviction; &#8220;felony&#8221; and &#8220;specified felony&#8221; defined.* 
Sec. 224f.
(1) Except as provided in subsection (2), a person convicted of a felony shall not possess, use, transport, sell, purchase, carry, ship, receive, or distribute a firearm in this state until the expiration of 3 years after all of the following circumstances exist:
(a) The person has paid all fines imposed for the violation.
(b) The person has served all terms of imprisonment imposed for the violation.
(c) The person has successfully completed all conditions of probation or parole imposed for the violation.
(2) A person convicted of a specified felony shall not possess, use, transport, sell, purchase, carry, ship, receive, or distribute a firearm in this state until all of the following circumstances exist:
(a) The expiration of 5 years after all of the following circumstances exist:
(i) The person has paid all fines imposed for the violation.
(ii) The person has served all terms of imprisonment imposed for the violation.
(iii) The person has successfully completed all conditions of probation or parole imposed for the violation.
(b) The person's right to possess, use, transport, sell, purchase, carry, ship, receive, or distribute a firearm has been restored pursuant to section 4 of Act No. 372 of the Public Acts of 1927, being section 28.424 of the Michigan Compiled Laws.
(3) A person who possesses, uses, transports, sells, purchases, carries, ships, receives, or distributes a firearm in violation of this section is guilty of a felony, punishable by imprisonment for not more than 5 years, or a fine of not more than $5,000.00, or both.
(4) This section does not apply to a conviction that has been expunged or set aside, or for which the person has been pardoned, unless the expunction, order, or pardon expressly provides that the person shall not possess a firearm.
(5) As used in this section, &#8220;felony&#8221; means a violation of a law of this state, or of another state, or of the United States that is punishable by imprisonment for 4 years or more, or an attempt to violate such a law.
(6) As used in subsection (2), &#8220;specified felony&#8221; means a felony in which 1 or more of the following circumstances exist:
(i) An element of that felony is the use, attempted use, or threatened use of physical force against the person or property of another, or that by its nature, involves a substantial risk that physical force against the person or property of another may be used in the course of committing the offense.
(ii) An element of that felony is the unlawful manufacture, possession, importation, exportation, distribution, or dispensing of a controlled substance.
(iii) An element of that felony is the unlawful possession or distribution of a firearm.
(iv) An element of that felony is the unlawful use of an explosive.
(v) The felony is burglary of an occupied dwelling, or breaking and entering an occupied dwelling, or arson.


----------



## jondahighlander (Nov 10, 2008)

i have an extemely intimate knowledge of this kind of situation and laws. the code and opinion where the 3 year and 5 year info are correct for michigan law. federal law prohibits ownership but is not enforced unless some other gross felony is commited , so unless he gets in serious trouble again, your fine. don't blow it out of proportion, and enjoy yourself---------------jon


----------



## toto (Feb 16, 2000)

Besides that, maybe you are helping him out by befriending him, especially now after his admission of said fact, just something to think about.


----------



## sourdough44 (Mar 2, 2008)

Whatever he did it was a long tome ago, not to excuse the actions. I hunt with a guy at times that had some issues in his past. That's behind him now, no felony. The point is most that have been into trouble in the past need better friends to hang around with. It's hard to get your life turned around when the people you hang with are trying to talk you into more of the same dead end behavior. It's so true that 'misery likes company'.


----------



## kanuszem (Nov 13, 2008)

You may only expunge a criminal offense if: a) the offense falls under statute that can be set aside (some offenses like, CSC's, DUI's, etc. cannot be expunged) and b) the person has committed no other criminal offenses. this includes any misdemeanor. You have to be careful though because up until the mid- 1980's a lot of traffic citations that aren't misdemeanors today were considered misdemeanors then and they will apply. The proper terminology is setting aside a conviction although commonly known as expungement.


----------



## TrekJeff (Sep 7, 2007)

If you have a problem hunting with him on his property, feel free to give me his phone number, I'll hunt with him...lol


----------

