Texas Hunting Forum

Game Warden

Posted By: Wreckem04

Game Warden - 07/25/11 09:58 PM

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"

Posted By: preston629

Re: Game Warden - 07/25/11 09:59 PM

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

Posted By: JCB

Re: Game Warden - 07/25/11 10:13 PM

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.

Posted By: sig226fan (Rguns.com)

Re: Game Warden - 07/25/11 10:16 PM


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.

Posted By: sig226fan (Rguns.com)

Re: Game Warden - 07/25/11 10:17 PM

Not bow hunt for dove though!

Posted By: 1FowlHntR

Re: Game Warden - 07/25/11 10:19 PM

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

Posted By: gogburn

Re: Game Warden - 07/25/11 10:19 PM

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.

Posted By: hoof n wings

Re: Game Warden - 07/25/11 11:01 PM

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.

Posted By: Flintlock

Re: Game Warden - 07/26/11 12:31 AM

Have him shoot a smoothbore flintlock.

Posted By: pokerj2

Re: Game Warden - 07/26/11 12:35 AM

Originally Posted By: sig226fan (Rguns.com)
Not bow hunt for dove though!
roflmao

Posted By: JMS

Re: Game Warden - 07/26/11 12:38 AM

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

Posted By: deewayne2003

Re: Game Warden - 07/26/11 12:53 AM

how about calling the gamewarden and asking?

Posted By: ouixch

Re: Game Warden - 07/26/11 12:58 AM

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

Posted By: redseal

Re: Game Warden - 07/26/11 01:11 AM

got agree call the game warden

Posted By: Coldsteel

Re: Game Warden - 07/26/11 04:32 AM

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.

Posted By: silverphoenix

Re: Game Warden - 07/26/11 06:37 AM

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.

Posted By: 209HUNTER

Re: Game Warden - 07/26/11 08:01 AM

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.

Posted By: tannerlst

Re: Game Warden - 07/26/11 10:24 AM

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

Posted By: dredd

Re: Game Warden - 07/26/11 11:10 AM

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

Posted By: PrimitiveHunter

Re: Game Warden - 07/26/11 11:47 AM

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.

Posted By: Featherduster

Re: Game Warden - 07/26/11 01:41 PM

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.


Posted By: Western

Re: Game Warden - 07/26/11 05:38 PM

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 .

Posted By: ILUVBIGBUCKS

Re: Game Warden - 07/26/11 06:15 PM

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.

Posted By: Wreckem04

Re: Game Warden - 07/26/11 07:44 PM

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.

Posted By: Jim Davis

Re: Game Warden - 07/26/11 08:19 PM

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.

Posted By: kk66

Re: Game Warden - 07/26/11 08:22 PM

Not for sure, but my understanding is that there's a difference depending whether the conviction was on federal or state law applies, if its feds you can never own one again, but if state charges the 5 year period posted above applies

Posted By: filenamex5100

Re: Game Warden - 07/26/11 08:34 PM

federal usually always over rules state leval law. that being said...if caught, you would be dealing with state leval LE. ive heard the ATF, etc has no jurisdiction until you cross state lines. im sure thats not accurate though.
the best thing (and possibly only thing) to do is see the judge and ask for "Relief Of Disability". if granted, that can restore gun rights and release the "disability".

Posted By: Grendel 6.5

Re: Game Warden - 07/26/11 08:39 PM

I think bow hunting would be a better option. Plenty of Feral hogs to kill and no jail time for him...not worth the RISK!!!!!

Posted By: LandPirate

Re: Game Warden - 07/26/11 08:48 PM

Your buddy go to retrieve birds and fetch beer.

Posted By: MELackey

Re: Game Warden - 07/26/11 08:51 PM

isn't there some sort of process that one can go through to get their civil rights restored?

Posted By: Western

Re: Game Warden - 07/26/11 09:14 PM

Originally Posted By: MELackey
isn't there some sort of process that one can go through to get their civil rights restored?


As far as I can remember it is by, Full pardon, conviction expunged or set aside.

Posted By: Western

Re: Game Warden - 07/26/11 09:17 PM

Originally Posted By: ILUVBIGBUCKS
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.


Why would you say that?

Posted By: ILUVBIGBUCKS

Re: Game Warden - 07/27/11 12:08 PM

Originally Posted By: Western
Originally Posted By: ILUVBIGBUCKS
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.


Why would you say that?


Do you not know what LMAO stands for? Here, maybe this will help out a bit

rofl partyon555 happy3

I was making a joke of your post of all the different laws regarding this topic!

Posted By: Western

Re: Game Warden - 07/27/11 04:41 PM

Originally Posted By: ILUVBIGBUCKS
Originally Posted By: Western
Originally Posted By: ILUVBIGBUCKS
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.


Why would you say that?


Do you not know what LMAO stands for? Here, maybe this will help out a bit

rofl partyon555 happy3

I was making a joke of your post of all the different laws regarding this topic!


It was the "SOB" part. If it was like this "SOB!" that would be and exclamation, as you typed it, it appeared as that is how you addressed me as an "SOB".

Your right about my post, I didn't realize it was so much as I added to it. OP asked a fairly serious question, so I wanted to add some "food" for thought/consideration ,rather than no answer or a one liner.

Posted By: Quackwacker

Re: Game Warden - 07/27/11 04:47 PM

I am sure he wasn't calling you a SOB. More so like when you see something shocking and say to yourself SOB.

Posted By: cameron00

Re: Game Warden - 07/27/11 05:57 PM

I've been stopped by game wardens several times. At least twice that I can remember they ran my driver's license.

I wouldn't risk it.

Posted By: Western

Re: Game Warden - 07/27/11 09:18 PM

Originally Posted By: QuackWacker
I am sure he wasn't calling you a SOB. More so like when you see something shocking and say to yourself SOB.


That's what I was hoping and basically took it as jest. He was right, that was more than I realized I had added. It was the punctuation that got me. blush

It's all good.

Posted By: tannerlst

Re: Game Warden - 07/27/11 09:22 PM

Originally Posted By: cameron00
I've been stopped by game wardens several times. At least twice that I can remember they ran my driver's license.

I wouldn't risk it.


ive had a game warden run my guns as well.... you just never know.. i was alone predator hunting right after deer season

Posted By: BMD

Re: Game Warden - 07/27/11 09:22 PM

Originally Posted By: QuackWacker
I am sure he wasn't calling you a SOB. More so like when you see something shocking and say to yourself SOB.



Exactly, not even sure how it could be taken wrong. But bigbucks is a great guy and meant nothing by it I assure you up

Posted By: kyotee1

Re: Game Warden - 07/27/11 09:42 PM

Originally Posted By: Wreckem04
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.


Unbelieveable! Allow someone who you know if violating a game law to do so.

Directly from the TPWD Outdoor Annual and website:

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.

Posted By: Skylar Mac

Re: Game Warden - 07/27/11 09:57 PM

Originally Posted By: 1FowlHntR
if he has a felony he better not get caught with a gun or ammo....he'll be back in jail with another one!!

+1^ on this, Texas is ver adament(spell check) about this.

Posted By: GOATBOY

Re: Game Warden - 07/28/11 03:27 AM

It sounds like your buddy has a knack for making bad decisions. He made a bad decision in committing his first felony offense, which he probably knew what he was doing was illegal. Now, on the second go-round, he again knows he is engaged in illegal activity and is risking a second felony charge to shoot some doves.....
I hope that the Game Warden checks him.... he'll look good cuffed in the front seat of that green pickup....

Posted By: sig226fan (Rguns.com)

Re: Game Warden - 07/28/11 04:05 AM

Find a real source.... I know felons who have bought, sold and possessed guns. Expunged happens. There's also a process to restore rights such as guns and voting.... don't remmeber the name.

Also, it depends a lot on what the felony was.... aggravated assault with ad deadly weapon, probably not..... DWI, maybe....theft by deceptive practices (banking violation), yes, I have seen it.....


BTW, ANY legal advice is worth less than what you paid for it, and all of this is FREE,.....

Posted By: kyotee1

Re: Game Warden - 07/28/11 12:40 PM

Originally Posted By: sig226fan (Rguns.com)
Also, it depends a lot on what the felony was.... aggravated assault with ad deadly weapon, probably not..... DWI, maybe....theft by deceptive practices (banking violation), yes, I have seen it.....


Not according to TPWD rules and restrictions for any convicted felon regardless of where the conviction occured.

Second it Goatboy!

Posted By: JJH

Re: Game Warden - 07/28/11 01:44 PM

I suggest paying very close attentin to kyotee's posts. I believe he is a GW

Posted By: JWP58

Re: Game Warden - 07/28/11 01:52 PM

Why in the hell would you want to hang around a FELON in the first place? Let alone with firearms present?

Sounds like a plan sure to go wrong...

Posted By: ILUVBIGBUCKS

Re: Game Warden - 07/28/11 02:04 PM

Originally Posted By: Western


It was the "SOB" part. If it was like this "SOB!" that would be and exclamation, as you typed it, it appeared as that is how you addressed me as an "SOB".

Your right about my post, I didn't realize it was so much as I added to it. OP asked a fairly serious question, so I wanted to add some "food" for thought/consideration ,rather than no answer or a one liner.


Sorry man, didn't mean it in any way like that! Just making a joke is all to 'lighten up the threa'. Your post was very imformative indeed and I read it all the way through. I have a buddy that is a warden, actually two of them and I know they've made several arrests in the field for the very subject at hand, convicted felons in possession of a firearrm. In fact, the last one was sent away for about 10 more years! The dumb azz shot a little bitty 8 point buck across the fence. The landowner called it in and when he went to investigate the complaint, he couldn't make the poaching claim stick for lack of evidence but the moron admitted the three weapons in plain sight were his. He ran his licnese and BINGO....OFF TO JAIL YOU GO! rofl

Posted By: ILUVBIGBUCKS

Re: Game Warden - 07/28/11 02:10 PM

Originally Posted By: BMD

Exactly, not even sure how it could be taken wrong. But bigbucks is a great guy and meant nothing by it I assure you up

Thanks my brother! Right back at you! I have been known to get a little rowdy at night around hunting camp...but usually only when some dumb azz breaks out the Patron! grin

Posted By: Wreckem04

Re: Game Warden - 07/28/11 03:49 PM

guys,

thanks for all the input and advice!(Koytee1) i have forwarded this thread on to him! i voiced that it probably wasn't a good idea especially with as active as the Wardens are in Frisco on opening weekend. it is too risky. but i have to say screw everyone else for talking down my buddy or judging me for who my friends are. people make mistakes in life! how many of you can honestly say you are an angle? and the only reason he got the conviction is b/c he admitted to it when he was asked! no denial, no "i want a lawyer" just " yeap i did it, i mad a bad decision" so don't go passing judgement on someone just b/c of a term associated with them without even knowing them

Posted By: ILUVBIGBUCKS

Re: Game Warden - 07/28/11 05:02 PM

Originally Posted By: Wreckem04
guys,

thanks for all the input and advice!(Koytee1) i have forwarded this thread on to him! i voiced that it probably wasn't a good idea especially with as active as the Wardens are in Frisco on opening weekend. it is too risky. but i have to say screw everyone else for talking down my buddy or judging me for who my friends are. people make mistakes in life! how many of you can honestly say you are an angle? and the only reason he got the conviction is b/c he admitted to it when he was asked! no denial, no "i want a lawyer" just " yeap i did it, i mad a bad decision" so don't go passing judgement on someone just b/c of a term associated with them without even knowing them


up

I do believe there was once a man that said something about whoever is without sin should be the one to chunk the 1st rock!

By the way, I am an angel!!! woot

Posted By: EchoThumper

Re: Game Warden - 07/28/11 05:17 PM

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.

He could also bow hunt or blackpowder hunt.


I'd say your buddies best bet and yours would be for him to get a lawyer and work on getting it the heck off his record. If it was non-violent and he's kept on the straight and narrow hopefully the courts will agree to restore his rights so he can hunt without worry...

Posted By: steadam

Re: Game Warden - 07/30/11 09:01 AM

I dunno but in WA state, you have to have either 2 years experience working for a hatchery or take the fisheries course at the college. A degree in fish biology is a major plus. It's basically the same as applying to be a police officer. Background check, psych eval, polygraph, numerous interviews, physical and mental exams. Plus 5 months at the police academy and 5 more months probation/training.

If they want you bad enough, because you meet their requirements and the type of person they are looking for, then you will get hired. Try going to a local hatchery and talking to a gamey and get to know them. Keep outta trouble, and good luck!

Posted By: piney woods hunter

Re: Game Warden - 07/30/11 03:40 PM

i agree with you folks should not consider someone a bad person for a name placed on them , have a friend who made a bad decision to ride in a car with his buddies,the buds had took without permission next thing you know he is a convicted felon at 17 years of age, he is now 47 and as fine a man as i know the last thing anyone better say to me is why are you handing with a felon as said i bet he is better guy than 99 percent out there,he will not hunt with firearm due to risk,he bow and crossbow hunts a bit, as for getting rights restored he is a milwright and has four kids he has talked to lawyers and he cannot afford the amount of cash it would take though most lawyers say he is a good candate to get disablities lifted,that kind of thing only happens if you got money to pay for it, since he was 17 has had only a few traffic tickets his entire life

Posted By: fourtrax

Re: Game Warden - 07/30/11 03:47 PM

Originally Posted By: Jim Davis
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.




wtf

Posted By: Jim Davis

Re: Game Warden - 08/03/11 04:06 PM

Originally Posted By: fourtrax
Originally Posted By: Jim Davis
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.




wtf


Look into it.

Posted By: John Humbert

Felon Hunting License? - 08/03/11 05:07 PM

Excuse me, but I thought that felons could not get a hunting license? Isn't that true? If so, it doesn't matter if he has a rifle, smoothbore, bow, or a big rock - can't be hunting.

Posted By: kyotee1

Re: Felon Hunting License? - 08/03/11 05:31 PM

Anyone can purchase a hunting license unless they are behind in child support payments, have a game/fish violation or civil restitution they have not paid or under certain parole conditions may not allow them to hunt.

Just can not use, handle or hunt with any firearm that uses rimfire or centerfire ammunition or a muzzleloader that was manufactured after 1899, an antique or curio firearm that uses centerfire or rimfire ammunition...rules out inline muzzleloaders.

Posted By: ETXbuckman

Re: Felon Hunting License? - 08/03/11 06:48 PM

Sounds like the best thing anyone that wants to hunt can do is not become a convicted felon. Otherwise you're going to have to become very proficient with a bow or spend a lot more time on the couch watching football.

Posted By: duke08

Re: Felon Hunting License? - 08/03/11 07:14 PM

Basically as long as your buddy wasnt convicted he is clear to buy a gun and/or hunt as long as it wasnt any kind of domestic disspute/violence. Then he would be out for good.

Posted By: kyotee1

Re: Felon Hunting License? - 08/03/11 10:06 PM

Originally Posted By: ETXbuckman
Sounds like the best thing anyone that wants to hunt can do is not become a convicted felon. Otherwise you're going to have to become very proficient with a bow or spend a lot more time on the couch watching football.


Well said!

Posted By: Stoney

Re: Felon Hunting License? - 08/03/11 10:17 PM

There has to be some loophole somewhere. I know of a guy that has/had a felony and hunts. Hunts to the point he got a ticket because he didn't have his hunter safety card in possession and the number wasn't on license. Went to court, proved he had hunter education and ticket was waived. Somewhere in all that you would think if it was a hard fast rule his goose would have been cooked. however, I sure don't want to find out first hand.

Posted By: piney woods hunter

Re: Felon Hunting License? - 08/04/11 04:55 AM

so let me get this right a blackpowder rifle such as a hawkens reproduction would be legal a cva inline would not , thats stranges

Posted By: kmon11

Re: Felon Hunting License? - 08/04/11 05:06 AM

Originally Posted By: piney woods hunter
so let me get this right a blackpowder rifle such as a hawkens reproduction would be legal a cva inline would not , thats stranges


That is the way I understand the law.

Posted By: Sniper John

Re: Felon Hunting License? - 08/04/11 06:22 AM

I would like to see legal reference that rules out inlines. Most modern inlines still meet the definition of Antique, so it would have to be some law related to felons and any muzzleloader. Unrelated to antique status.

But if your saying inlines are Firearms... They still load from the front and do not use fixed ammunition. The only exceptions are in a short list on the site below that includes the first year savage 10ML muzzleloaders only because the determination was made that they could be converted to centerfire with a barrel change.

http://www.atf.gov/firearms/faq/collectors.html#antique-definition

•(A) any firearm (including any firearm with a matchlock, flintlock, percussion cap, or similar type of ignition system) manufactured in or before 1898; and
•(B) any replica of any firearm described in subparagraph (A) if such replica -
•(i) is not designed or redesigned for using rimfire or conventional centerfire fixed ammunition, or
•(ii) uses rimfire or conventional centerfire fixed ammunition which is no longer manufactured in the United States and which is not readily available in the ordinary channels of commercial trade."
•(C)any muzzle loading rifle, muzzle loading shotgun, or muzzle loading pistol, which is designed to use black powder, or a black powder substitute, and which cannot use fixed ammunition. For purposes of this subparagraph, the term ‘antique firearm’ shall not include any weapon which incorporates a firearm frame or receiver, any firearm which is converted into a muzzle loading weapon, or any muzzle loading weapon, which can be readily converted to fire fixed ammunition by replacing the barrel, bolt, breechblock, or any combination thereof.



Posted By: Jim Davis

Re: Felon Hunting License? - 08/04/11 08:33 AM

Originally Posted By: Sniper John
I would like to see legal reference that rules out inlines. Most modern inlines still meet the definition of Antique, so it would have to be some law related to felons and any muzzleloader. Unrelated to antique status.

But if your saying inlines are Firearms... They still load from the front and do not use fixed ammunition. The only exceptions are in a short list on the site below that includes the first year savage 10ML muzzleloaders only because the determination was made that they could be converted to centerfire with a barrel change.

http://www.atf.gov/firearms/faq/collectors.html#antique-definition

•(A) any firearm (including any firearm with a matchlock, flintlock, percussion cap, or similar type of ignition system) manufactured in or before 1898; and
•(B) any replica of any firearm described in subparagraph (A) if such replica -
•(i) is not designed or redesigned for using rimfire or conventional centerfire fixed ammunition, or
•(ii) uses rimfire or conventional centerfire fixed ammunition which is no longer manufactured in the United States and which is not readily available in the ordinary channels of commercial trade."
•(C)any muzzle loading rifle, muzzle loading shotgun, or muzzle loading pistol, which is designed to use black powder, or a black powder substitute, and which cannot use fixed ammunition. For purposes of this subparagraph, the term ‘antique firearm’ shall not include any weapon which incorporates a firearm frame or receiver, any firearm which is converted into a muzzle loading weapon, or any muzzle loading weapon, which can be readily converted to fire fixed ammunition by replacing the barrel, bolt, breechblock, or any combination thereof.



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.

Posted By: skinnerback

Re: Game Warden - 08/05/11 07:13 AM

That's a pretty messed up thing to say about someone you don't even know. I have a good friend of mine that is a convicted felon, he's a good man. He caught a convicted child molester trying to give his kids candy TWICE walking home from the school bus. He gave the scumbag a stern warning to stay away from his kids the first time, second time he lost his temper & beat the man nearly to death....put him in a wheelchair for life. He served two years in prison for that & was stuck with a felony. He knows he made a bad decision, he knew he should have called the cops instead of loosing his temper. He knows he can't hunt or own a gun, so we just go fishing together now. You shouldn't be so judgemental of folks you don't know.....just sayin'.

Posted By: skinnerback

Re: Game Warden - 08/05/11 07:15 AM

Originally Posted By: JWP58
Why in the hell would you want to hang around a FELON in the first place? Let alone with firearms present?

Sounds like a plan sure to go wrong...


That's a pretty messed up thing to say about someone you don't even know. I have a good friend of mine that is a convicted felon, he's a good man. He caught a convicted child molester trying to give his kids candy TWICE walking home from the school bus. He gave the scumbag a stern warning to stay away from his kids the first time, second time he lost his temper & beat the man nearly to death....put him in a wheelchair for life. He served two years in prison for that & was stuck with a felony. He knows he made a bad decision, he knew he should have called the cops instead of loosing his temper. He knows he can't hunt or own a gun, so we just go fishing together now. You shouldn't be so judgemental of folks you don't know.....just sayin'

Posted By: Sniper John

Re: Felon Hunting License? - 08/05/11 02:46 PM

Originally Posted By: Jim Davis
Originally Posted By: Sniper John
I would like to see legal reference that rules out inlines. Most modern inlines still meet the definition of Antique, so it would have to be some law related to felons and any muzzleloader. Unrelated to antique status.

But if your saying inlines are Firearms... They still load from the front and do not use fixed ammunition. The only exceptions are in a short list on the site below that includes the first year savage 10ML muzzleloaders only because the determination was made that they could be converted to centerfire with a barrel change.

http://www.atf.gov/firearms/faq/collectors.html#antique-definition

•(A) any firearm (including any firearm with a matchlock, flintlock, percussion cap, or similar type of ignition system) manufactured in or before 1898; and
•(B) any replica of any firearm described in subparagraph (A) if such replica -
•(i) is not designed or redesigned for using rimfire or conventional centerfire fixed ammunition, or
•(ii) uses rimfire or conventional centerfire fixed ammunition which is no longer manufactured in the United States and which is not readily available in the ordinary channels of commercial trade."
•(C)any muzzle loading rifle, muzzle loading shotgun, or muzzle loading pistol, which is designed to use black powder, or a black powder substitute, and which cannot use fixed ammunition. For purposes of this subparagraph, the term ‘antique firearm’ shall not include any weapon which incorporates a firearm frame or receiver, any firearm which is converted into a muzzle loading weapon, or any muzzle loading weapon, which can be readily converted to fire fixed ammunition by replacing the barrel, bolt, breechblock, or any combination thereof.



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.


But it goes on to say.

•(C)any muzzle loading rifle, muzzle loading shotgun, or muzzle loading pistol, which is designed to use black powder, or a black powder substitute, and which cannot use fixed ammunition. For purposes of this subparagraph, the term ‘antique firearm’ shall not include any weapon which incorporates a firearm frame or receiver, any firearm which is converted into a muzzle loading weapon, or any muzzle loading weapon, which can be readily converted to fire fixed ammunition by replacing the barrel, bolt, breechblock, or any combination thereof.

Therefore inline muzzleloaders are defined as antiques same as any muzzleloader unless they incorporate a firearm frame or can be converted to fire fixed ammunition. It is why you can buy inline muzzleloaders without filling out a 4473. They are not "firearms".



Posted By: MELackey

Re: Game Warden - 08/05/11 03:00 PM

Originally Posted By: skinnerback
Originally Posted By: JWP58
Why in the hell would you want to hang around a FELON in the first place? Let alone with firearms present?

Sounds like a plan sure to go wrong...


That's a pretty messed up thing to say about someone you don't even know. I have a good friend of mine that is a convicted felon, he's a good man. He caught a convicted child molester trying to give his kids candy TWICE walking home from the school bus. He gave the scumbag a stern warning to stay away from his kids the first time, second time he lost his temper & beat the man nearly to death....put him in a wheelchair for life. He served two years in prison for that & was stuck with a felony. He knows he made a bad decision, he knew he should have called the cops instead of loosing his temper. He knows he can't hunt or own a gun, so we just go fishing together now. You shouldn't be so judgemental of folks you don't know.....just sayin'


I'd almost say that the 2 years were worth it. If you can't kill 'em, cripple 'em.

Posted By: Sniper John

Re: Game Warden - 08/05/11 03:45 PM

Ok Jim,
I think I understand now. In 1999 when Congress exempted all muzzleloders from the Gun Control Act, they did not do so from the National Firearms Act. Texas is still using the NFA worded definition of antique for Felons it seems.

Posted By: ILUVBIGBUCKS

Re: Game Warden - 08/05/11 03:49 PM

Originally Posted By: skinnerback

That's a pretty messed up thing to say about someone you don't even know. I have a good friend of mine that is a convicted felon, he's a good man. He caught a convicted child molester trying to give his kids candy TWICE walking home from the school bus. He gave the scumbag a stern warning to stay away from his kids the first time, second time he lost his temper & beat the man nearly to death....put him in a wheelchair for life. He served two years in prison for that & was stuck with a felony. He knows he made a bad decision, he knew he should have called the cops instead of loosing his temper. He knows he can't hunt or own a gun, so we just go fishing together now. You shouldn't be so judgemental of folks you don't know.....just sayin'

I'd like to shake your friends hand! The only thing he did wrong was get the wrong 12 people on the damn jury, or the wrong judge!!!!!!!!! Sorry SOB molester got what he deserved!

Posted By: Hard Knocks

Re: Game Warden - 08/05/11 11:05 PM

Originally Posted By: ILUVBIGBUCKS
Originally Posted By: skinnerback

That's a pretty messed up thing to say about someone you don't even know. I have a good friend of mine that is a convicted felon, he's a good man. He caught a convicted child molester trying to give his kids candy TWICE walking home from the school bus. He gave the scumbag a stern warning to stay away from his kids the first time, second time he lost his temper & beat the man nearly to death....put him in a wheelchair for life. He served two years in prison for that & was stuck with a felony. He knows he made a bad decision, he knew he should have called the cops instead of loosing his temper. He knows he can't hunt or own a gun, so we just go fishing together now. You shouldn't be so judgemental of folks you don't know.....just sayin'

I'd like to shake your friends hand! The only thing he did wrong was get the wrong 12 people on the damn jury, or the wrong judge!!!!!!!!! Sorry SOB molester got what he deserved!
x2,But some will always think that felons should have no rights,after all,its easy to say if it wasnt your kids.A man should not be defined by one action,positive or negative,just my .02

Posted By: fourtrax

Re: Game Warden - 08/07/11 11:45 PM

Originally Posted By: Jim Davis
Originally Posted By: fourtrax
Originally Posted By: Jim Davis
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.




wtf


Look into it.





Nevermind not even worth it. popcorn

Posted By: JWP58

Re: Game Warden - 08/07/11 11:53 PM

Originally Posted By: skinnerback
Originally Posted By: JWP58
Why in the hell would you want to hang around a FELON in the first place? Let alone with firearms present?

Sounds like a plan sure to go wrong...


That's a pretty messed up thing to say about someone you don't even know. I have a good friend of mine that is a convicted felon, he's a good man. He caught a convicted child molester trying to give his kids candy TWICE walking home from the school bus. He gave the scumbag a stern warning to stay away from his kids the first time, second time he lost his temper & beat the man nearly to death....put him in a wheelchair for life. He served two years in prison for that & was stuck with a felony. He knows he made a bad decision, he knew he should have called the cops instead of loosing his temper. He knows he can't hunt or own a gun, so we just go fishing together now. You shouldn't be so judgemental of folks you don't know.....just sayin'


And....? Each situation is different. And whos to say your friend wont "lose his temper" again?

If you want to associate with conficted felons, so be it. Just dont kick yourself too hard when they "make a poor decision" for the second time, when you're with them.

Posted By: skinnerback

Re: Game Warden - 08/08/11 12:12 AM

Originally Posted By: JWP58
Originally Posted By: skinnerback
Originally Posted By: JWP58
Why in the hell would you want to hang around a FELON in the first place? Let alone with firearms present?

Sounds like a plan sure to go wrong...


That's a pretty messed up thing to say about someone you don't even know. I have a good friend of mine that is a convicted felon, he's a good man. He caught a convicted child molester trying to give his kids candy TWICE walking home from the school bus. He gave the scumbag a stern warning to stay away from his kids the first time, second time he lost his temper & beat the man nearly to death....put him in a wheelchair for life. He served two years in prison for that & was stuck with a felony. He knows he made a bad decision, he knew he should have called the cops instead of loosing his temper. He knows he can't hunt or own a gun, so we just go fishing together now. You shouldn't be so judgemental of folks you don't know.....just sayin'


And....? Each situation is different. And whos to say your friend wont "lose his temper" again?

If you want to associate with conficted felons, so be it. Just dont kick yourself too hard when they "make a poor decision" for the second time, when you're with them.


Yes, everyone's situation is different. I know several others that have been convicted of felonies for drugs, burglary etc. I don't consort with them at all & they will never be welcome at my house...period. Point I was trying to make is, not everyone who has been convicted of a felony is a bad person. Even some of those who have had drug problems straighten out their life & become good citizens. If I was in my friend's shoes I don't know what I'd do, I may have killed that POS. I'm not a violent person, but when it comes to protecting my kids that's a whole other story.....especially when it comes to a child molester or a child abuser. I really don't see this as being a productive conversation, you have your beliefs & I have mine. Think I'll get back to reading happy things now......like HUNTING threads.

Posted By: usmc1355

Re: Game Warden - 08/08/11 01:17 AM

As a law enforement officer any lawful contact with someone a check for active warrants and valid license is performed. Game Wardens checking license and someone engaging in active hunting is a lawful contact. I would bet to say there is a 100% chance if he is contacted by a warden he will be ran. If he is around or in possession of a firearm that's a felony and the FEDS are picking up most of them cases.

© 2024 Texas Hunting Forum