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Game Warden #2453512 07/25/11 09:58 PM
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Wreckem04 Offline OP
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does anyone know if when stopped by a game warden while hunting, is i mandatory for them to do background checks on people they stop? I'm trying to get my buddy to go dove hunting with me this year, and he is a little timid b/c he has a non- violent State Jail Felony on his record from like 7 years ago.. I've only met a game warden once and all he did was check my bag, choke, and license and hunter safety card. Has anyone else actually had problems with one? we're not idiots when it comes to hunting and we hunt by the rules, i'm just curious if anyone has any not in to law books advice"


Re: Game Warden [Re: Wreckem04] #2453517 07/25/11 09:59 PM
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preston629 Offline
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not 100% on this, but he can go with you just not have possesion on ammo or firearms




Re: Game Warden [Re: Wreckem04] #2453553 07/25/11 10:13 PM
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JCB Offline
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I have been checked by GW's both hunting and fishing many times and they have never done a background check or run my license # either. Heck the last 3 times we had a GW in camp he didnt even ask me for my license. He just asked if there had been any critters taken recently and asked if there were any in camp. He then checked our log book and was on his way.

Still probably not a good idea for him to be holding a gun when the GW shows up though.


Re: Game Warden [Re: JCB] #2453563 07/25/11 10:16 PM
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sig226fan (Rguns.com) Offline
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Depends on his felony, and the courts' disposition of said felony. There are some felons who own guns and hunt legally.

He could also bow hunt or blackpowder hunt.


Re: Game Warden [Re: sig226fan (Rguns.com)] #2453566 07/25/11 10:17 PM
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sig226fan (Rguns.com) Offline
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Not bow hunt for dove though!


Re: Game Warden [Re: JCB] #2453572 07/25/11 10:19 PM
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if he has a felony he better not get caught with a gun or ammo....he'll be back in jail with another one!!



"People sleep peaceably in their beds at night only because rough men stand ready to do violence on their behalf."

Re: Game Warden [Re: JCB] #2453575 07/25/11 10:19 PM
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gogburn Offline
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Originally Posted By: JCB
Still probably not a good idea for him to be holding a gun when the GW shows up though.


Fixed it for you.



Good Hunting,
Gary
Re: Game Warden [Re: gogburn] #2453676 07/25/11 11:01 PM
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hoof n wings Offline
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Not 100% sure, but I thought it was illegal for a felon to possess a firearm. I'd check it out before hitting the field.



Originally Posted by ImTheReasonDovesMourn
I'd ask him if he's pregnant. He missed a s__tload of periods.

Originally Posted by Hancock
I'll take "things that look like a uterus" for $200 Alex.
Re: Game Warden [Re: hoof n wings] #2453917 07/26/11 12:31 AM
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Flintlock Offline
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Have him shoot a smoothbore flintlock.


Re: Game Warden [Re: sig226fan (Rguns.com)] #2453931 07/26/11 12:35 AM
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Originally Posted By: sig226fan (Rguns.com)
Not bow hunt for dove though!
roflmao



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Re: Game Warden [Re: Flintlock] #2453944 07/26/11 12:38 AM
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JMS Offline
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How about going to a TP&W field office to buy a license and ask there?


Re: Game Warden [Re: JMS] #2453980 07/26/11 12:53 AM
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deewayne2003 Online Content
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how about calling the gamewarden and asking?


Re: Game Warden [Re: hoof n wings] #2453993 07/26/11 12:58 AM
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ouixch Offline
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Originally Posted By: hoof n wings
Not 100% sure, but I thought it was illegal for a felon to possess a firearm. I'd check it out before hitting the field.


That is not entirely correct


Re: Game Warden [Re: JMS] #2454038 07/26/11 01:11 AM
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redseal Offline
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got agree call the game warden





Re: Game Warden [Re: redseal] #2454636 07/26/11 04:32 AM
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Know a guy who got a felony 17 years ago, last deer season th GW caught him on his lease with a gun registered in his wifes name. He got 3 years probation. And he got off really easy.



Re: Game Warden [Re: Coldsteel] #2454716 07/26/11 06:37 AM
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To my understanding, they cannot legally buy a firearm, but may still be in possession of one? I'm not for sure, never have had and never will have that problem to worry about....I have the warden's numbers on speed dial and am not the least bit worried when they come by.



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Re: Game Warden [Re: Wreckem04] #2454740 07/26/11 08:01 AM
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Chapter 46.04 of the TX Penal Code states that a person convicted of a felony charge can not possess a firearm until 5 years after his release from confinement or 5 years after his release from supervision (parole) which ever is the latest. After the 5 year period is up he can only possess a firearm at his residence. So basically your buddy shouldn't be hunting any game with a firearm.



The devil made me do it the first time, the second time I did it on my own
Re: Game Warden [Re: 209HUNTER] #2454765 07/26/11 10:24 AM
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the only way its legal for him to hunt is if he recieved Defferred probation for the charge in which it would not show a conviction on his record... otherwise i don't think its legal for him to carry a firearm


Re: Game Warden [Re: tannerlst] #2454789 07/26/11 11:10 AM
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dredd Offline
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It sounds like the OP already knows it's illegal. He's just wondering what the odds are of getting caught.

1st and only post.... Troll????

Who knows? LOL


Re: Game Warden [Re: deewayne2003] #2454821 07/26/11 11:47 AM
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Originally Posted By: deewayne2003
how about calling the gamewarden and asking?


I had a different type question about the game rules so I sent an email to TP&W. Within an hour or so, I had a reply from a Captain in their Law Enforcement division. If I were worried about going back to jail/prison, you can bet I'd get a ruling from the authority.



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Re: Game Warden [Re: sig226fan (Rguns.com)] #2455013 07/26/11 01:41 PM
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Originally Posted By: sig226fan (Rguns.com)

Depends on his felony, and the courts' disposition of said felony. There are some felons who own guns and hunt legally.



Re: Game Warden [Re: Featherduster] #2455549 07/26/11 05:38 PM
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18 U.S.C. § 922(g)(1). It says that anyone "who has been convicted in any court of a crime punishable by imprisonment for a term exceeding one year" is barred from possessing a gun. The only felonies that are not covered by the federal gun ban are 1) those "pertaining to antitrust violations, unfair trade practices, restraints of trade, or other similar offenses relating to the regulation of business practices," per 18 U.S.C. § 921(a)(20)(A); and 2) felony convictions from foreign countries, per Small v. United States, --- U.S. ---, 2005 WL 946620 (April 26, 2005).

Under federal law, anyone who has a criminal domestic violence conviction is barred from possessing a gun. Forever. As 18 U.S.C. § 922(g)(9) says, "[i]t shall be unlawful for any person . . . who has been convicted in any court of a misdemeanor crime of domestic violence . . . to possess in or affecting commerce any firearm or ammunition."

The federal gun laws prohibit possession of "any firearm or ammunition." 18 U.S.C. § 922(g). "Ammunition" is defined as "cartridge cases, primers, bullets, or propellant powder designed for use in any firearm." 18 U.S.C. § 921(a)(17)(A).

Excerpt:Can a felon ever regain the right to own a gun by having his civil rights restored? Theoretically yes, but practically no. 18 U.S.C. §§ 921(a)(20) and (a)(33)(B)(ii) say that "[a]ny conviction which has been expunged, or set aside or for which a person has been pardoned or has had civil rights restored shall not be considered a conviction for purposes of" the federal gun ban. To determine whether someone's civil right to own a gun has been restored, federal courts "look to the law of the jurisdiction of conviction . . . and consider the jurisdiction's entire body of law." United States v. O'Neal, 180 F.3d 115, 119 (4th Cir.), cert. denied, 528 U.S. 980 (1999).

Texas Penal Code 46.04 - § 46.04. UNLAWFUL POSSESSION OF FIREARM.

"Possession of firearms by felons: A convicted felon, regardless of where the conviction occurred, may not possess or use a firearm (as defined by Penal Code, §46.01) to hunt in this state. Under Penal Code, §46.01, a muzzleloading firearm is lawful if it is an antique or curio firearm manufactured before 1899 or a replica of an antique or curio firearm manufactured before 1899 that does not use rimfire or centerfire ammunition. "


States vary on their rules, Some will allow it after "your times up", but Federal law is pretty clear.

It is up to the Law enforcement officer if he/she wants to run a CCH, (Computerized Criminal History)
on any one they have contact with, each officer will vary and the circumstances will sometimes effect their decision. I always ran a persons CCH when a firearm was involved, it only takes seconds.

Personally, I wouldn't risk 10 years (Federal) or State charges, without consulting an attorney or a prosecutor. It just isn't worth it .



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Dennis

Re: Game Warden [Re: Western] #2455633 07/26/11 06:15 PM
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SOB, if I wantd to go to law school, I would have! LMAO

IMO, your buddy may want to either contact the GW, or maybe even better, his probation officer if he is still reporting to one.



High fence, low fence, no fence, it really doesn't matter as long as you're hunting!
Re: Game Warden [Re: ILUVBIGBUCKS] #2455880 07/26/11 07:44 PM
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Wreckem04 Offline OP
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thanks for the input guys, I'll let him know. i'm sure he's still gonna go since it hasn't stopped him before. but i'll be damn sure that he brings his own gun and doesn't borrow one of mine just in case.



Re: Game Warden [Re: Wreckem04] #2455990 07/26/11 08:19 PM
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You can get in as much trouble as he can, by being with him while knowing he is commiting a crime. Just like letting someone drive that you know has a bad DL, you'll go to jail too.


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