Expert: n/a - 11/7/2008

Question
QUESTION: Don,

My question relates to a (non-violent) federal felons hunting rights in Ohio...with bow, crossbow, or a muzzle loader. 1. Are we allowed to deer-hunt with primative weapons legally? 2. If so what type of verification do we need to obtain and from who? 3. What do we have to do to be 100% legal with Fed's and State?

I've been perplexed with this thing for 11 years and can not get a straight answer from anyone.

Please advise,

ANSWER: As far as getting your firearm rights restored it won't happen unless you can get a Presidential Pardon.  Bows and crossbows are not firearms therefore, they are not covered under the Federal Firearms code.  Each state has it's own laws on what is to be considered a restricted weapon. Just as some states allow convicted felons to have long guns in their homes and some states so no. If you are qualified for a hunting license I assume you are cleared to hunt with a bow, you should be able to ask your local Sheriff this question and get a straight answer.  

I only have facts on firearms, restoration of rights and CCW Permits. Also, a felony no matter what the charge was puts firearm restrictions on the convicted individual.  You need full restoration of rights from the state that convicted you before you can purchase, own or possesss any firearms.

Good luck

---------- FOLLOW-UP ----------

QUESTION: Are bows, Crossbows, and muzzleloaders considered firearms in the state of Ohio? If not... shouldn't Federal felons legally be allowed to hunt with such without violation?

ANSWER: Yes that is why I stated if your state gave you a hunting license you should be allowed to hunt with a bow because they are not firearms.  But some states may restrict you from any weapon.  Like NY restrict felons from carrying any type of weapon or firearm.  What the Federal Firearm Laws don't get you for the local state laws will.   My advice is to get restoration of rights to be on the safe side.  Then if possible get a Concealed Weapons Permit.

GOOD LUCK

---------- FOLLOW-UP ----------

QUESTION: Don, thank you for the wealth of information.

As a Federal felon who resides in the State of Ohio, who do I petition for restoration of rights? Do I petition my sentencing Judge on the Federal level; and the Governor of Ohio...both? Or just the State of Ohio? What is my best and most thorough approach in seeking Restoration of rights for recreational hunting privileges?  

Answer
As of now there is no restoration of firearm rights for Federal convictions.  You must get a Presidential Pardon no exceptions it does not matter what state you live in.  As far as restoration of rights for a hunting license you may check with you local probation Dept. for a restoration of rights application but they will put a firearm restriction on it because you have a federal conviction.  

They may not give you hunting restoration because of the conflict between weapons and firearms used in hunting but check your local hunting laws.  


GOOD LUCK