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"

not 100% on this, but he can go with you just not have possesion on ammo or firearms

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.

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.

Not bow hunt for dove though!

if he has a felony he better not get caught with a gun or ammo....he'll be back in jail with another one!!

Fixed it for you.

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.

Have him shoot a smoothbore flintlock.

How about going to a TP&W field office to buy a license and ask there?

how about calling the gamewarden and asking?

That is not entirely correct

got agree call the game warden

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.

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.

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 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

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

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.

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 .

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.

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.

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.