how does a felon go hunting

http://tlo2.tlc.state.tx.us/statutes/cr.toc.htm

See chapter 55.

Here is the copied text from the Texas Penal Code:

§ 46.04. UNLAWFUL POSSESSION OF FIREARM. (a) A person
who has been convicted of a felony commits an offense if he
possesses a firearm:
(1) after conviction and before the fifth anniversary
of the person's release from confinement following conviction of
the felony or the person's release from supervision under community
supervision, parole, or mandatory supervision, whichever date is
later; or
(2) after the period described by Subdivision (1), at
any location other than the premises at which the person lives.

As far as hunting goes, it would be safe to bet that unless they are hunting from their house they would likely go to jail.

But the subsection 1 reads, before the fifth anniversary of the persons release.
And he stated that the offense occurred in the early 90's.
He has well cleared his 5 year requirement. So sounds to me like he is clear.

OR is the key word from the passage...Or at any location other than the premises...

Muzzleloader...
Crossbow...
Spear like Rambo...

Watch the feds....saw a guy go to prison once for deer hunting 200 miles from his wife who had a protective order against him....was in possession of a firearm..., and feds got involved over "interstate commerce in the commission of a crime" because he used Remington ammo...made in Arkansas... he's doing 15 years...

As I had said, It would be best to contact a Lawyer and ask Specific Questions.
I have a friend that was busted for Felony Theft 8 years ago. Got 2 years probation and is past his 5 years. He is still using a bow because of the uncertainty of the State and Federal Laws.

SIG IS RIGHT. HE CAN NEVER USE A GUN FOR ANYTHING. IF HE GETS CAUGHT HE IS IN BIG TROUBLE.FOREVER.

Unless your felony was Differed, it will always be. The 5 year period is where you don't have to address it on a job application.

Bow hunting for the man is about all he gets.

The laws are vague and state and federal laws often contradict one another. Thereis even reference to "deadly weapon". Doubt you will find an lawyer willing to sign off on the firearm without having the charge expunged from his record.

Read all of this Penal Code statute. He can use a firearm on his own property five years after final adjudication. Five years is determined as being after any requirements placed on him such as probation, mandatory or community supervision etc. And only on the property where he lives.

§ 46.04. UNLAWFUL POSSESSION OF FIREARM. (a) A person
who has been convicted of a felony commits an offense if he
possesses a firearm:
(1) after conviction and before the fifth anniversary
of the person's release from confinement following conviction of
the felony or the person's release from supervision under community
supervision, parole, or mandatory supervision, whichever date is
later; or
(2) after the period described by Subdivision (1), at
any location other than the premises at which the person lives.
(b) A person who has been convicted of an offense under
Section 22.01, punishable as a Class A misdemeanor and involving a
member of the person's family or household, commits an offense if
the person possesses a firearm before the fifth anniversary of the
later of:
(1) the date of the person's release from confinement
following conviction of the misdemeanor; or
(2) the date of the person's release from community
supervision following conviction of the misdemeanor.
(c) A person, other than a peace officer, as defined by
Section 1.07, actively engaged in employment as a sworn, full-time
paid employee of a state agency or political subdivision, who is
subject to an order issued under Section 6.504 or Chapter 85, Family
Code, under Article 17.292 or Chapter 7A, Code of Criminal
Procedure, or by another jurisdiction as provided by Chapter 88,
Family Code, commits an offense if the person possesses a firearm
after receiving notice of the order and before expiration of the
order.
(d) In this section, "family," "household," and "member of a
household" have the meanings assigned by Chapter 71, Family Code.
(e) An offense under Subsection (a) is a felony of the third
degree. An offense under Subsection (b) or (c) is a Class A
misdemeanor.

Acts 1973, 63rd Leg., p. 883, ch. 399, § 1, eff. Jan. 1, 1974.
Renumbered from Penal Code § 46.05 and amended by Acts 1993, 73rd
Leg., ch. 900, § 1.01, eff. Sept. 1, 1994. Amended by Acts 2001,
77th Leg., ch. 23, § 2, eff. Sept. 1, 2001; Acts 2003, 78th Leg.,
ch. 836, § 4, eff. Sept. 1, 2003.

He can seek an exemption or pardon from the governor's office.

Post deleted by txsuperman

And to think, I was gonna run out and commit a Felony this afternoon... I guess I can't now.

"Rules is Rules".

If we were tougher on them, there would be less Felonies committed. Good day gentlemen...

My cousin was off parole a couple of years ago and had to apply with the ATF. He is now hunting with a rifle. So I would check with an attorney and ATF.

THE BELOW APPLIES TO TEXAS RESIDENTS ONLY
(All others please refer to the laws in your own state.)

I am a convicted felon who purchases and owns many firearms. Legally.

I got tired of reading all of the inaccurate information I came across on the internet. Here are the facts. Again, the following applies to Texas residents only and can be found by simply researching the Texas Penal Code, which I have listed at the bottom.

MUZZLELOADERS
There is no 5-year waiting period to purchase or own a muzzleloader. If a person got out of prison yesterday, they can walk into any dealer today and walk out with a muzzleloader with no background check. Keep in mind that this exception does not apply to muzzleloaders which have barrels that can be interchanged in order to fire centerfire ammunition. (ie. Encore and Sportsman models.) Simply ask the person behind the counter if you are unsure. Most retailers like Cabelas, etc. advertise which models don't require an ATF Form 4473 background check.

RIMFIRE and CENTERFIRE (Pistols, shotguns, rifles, etc.)
Convicted felons must wait 5 years from the date of their release from confinement or probation before they can purchase and/or own a centerfire firearm. Understand that even after the 5-year waiting period, a convicted felon will not be able to purchase a centerfire firearm from a dealer or retail store.

However, with that said, a convicted felon CAN purchase a centerfire firearm from an individual seller at a gun show or from a classified ad, etc. after the 5-year waiting period. The individual seller can also legally transfer the firearm into the convicted felons name. See Sec. 46.06 below.

Keep in mind that even though a convicted felon can purchase and own a centerfire firearm after the 5-year waiting period, they can only possess it in his or her own residence.

Many felons ask about their ability to use a firearm to hunt. See the law below. As for muzzleloaders, the same law applies… there is no waiting period or limitation other than the exception regarding muzzleloaders with interchangeable barrels. As stated below, the law says that a convicted felon may not hunt with a centerfire firearm, only a muzzleloader manufactured before 1899 or a replica. (Any new muzzleloader is considered a replica.)

However, it is unclear whether or not the “your own residence” clause under Sec. 46.04. would apply to hunting. For example, I hunt with centerfire firearms on my own deer lease. If I were ever arrested on my deer lease for being in possession of a centerfire firearm, I would strongly argue in court that land I own is technically “my residence.”

With that said, hunt at your own risk. I’m just an avid 2nd Amendment supporter and refuse to have my rights stripped away by the government I’m supposed to control. I don’t see anywhere in the Constitution where it says that you have the right to bear arms, unless you’re a convicted felon. Personally, I think it’s completely illogical to ban firearms from felons who were convicted of non-violent crimes. But I digress… Below are the laws as written.

TEXAS PARKS AND WILDLIFE
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.

Texas Penal Code Sec. 46.01. DEFINITIONS.
(3) "Firearm" means any device designed, made, or adapted to expel a projectile through a barrel by using the energy generated by an explosion or burning substance or any device readily convertible to that use. Firearm does not include a firearm that may have, as an integral part, a folding knife blade or other characteristics of weapons made illegal by this chapter and that is:

(A) an antique or curio firearm manufactured before 1899; or

(B) a replica of an antique or curio firearm manufactured before 1899, but only if the replica does not use rim fire or center fire ammunition.

Texas Penal Code Sec. 46.04. UNLAWFUL POSSESSION OF FIREARM.
(a) A person who has been convicted of a felony commits an offense if he possesses a firearm;

(1) after conviction and before the fifth anniversary of the person's release from confinement following conviction of the felony or the person's release from supervision under community supervision, parole, or mandatory supervision, whichever date is later; or

(2) after the period described by Subdivision (1), at any location other than the premises at which the person lives.

Texas Penal Code Sec. 46.06. UNLAWFUL TRANSFER OF CERTAIN WEAPONS.
(a) A person commits an offense if the person:

(1) sells, rents, leases, loans, or gives a handgun to any person knowing that the person to whom the handgun is to be delivered intends to use it unlawfully or in the commission of an unlawful act;

(2) intentionally or knowingly sells, rents, leases, or gives or offers to sell, rent, lease, or give to any child younger than 18 years any firearm, club, or illegal knife;

(3) intentionally, knowingly, or recklessly sells a firearm or ammunition for a firearm to any person who is intoxicated;

(4) knowingly sells a firearm or ammunition for a firearm to any person who has been convicted of a felony before the fifth anniversary of the later of the following dates:

(A) the person's release from confinement following conviction of the felony; or

(B) the person's release from supervision under community supervision, parole, or mandatory supervision following conviction of the felony;

(5) sells, rents, leases, loans, or gives a handgun to any person knowing that an active protective order is directed to the person to whom the handgun is to be delivered; or

(6) knowingly purchases, rents, leases, or receives as a loan or gift from another a handgun while an active protective order is directed to the actor.

4 yr old thread

I have seen this before, honestly Game Wardens have enough clout in what they do that if you were a convicted felon and called them up and said something to the matter of....

"Hey, Mr. Warden I will be hunting at ________ location and I will be there at 10am this Thursday and would like to discuss my options, would you meet me there so I can confirm some laws?"

Meet the warden there with a copy of any paperwork you have and especailly is you have been cleared for a number of years (5 or more) and can get a Sheriffs dupty to confirm your progress on a UNOFFICIAL level from a private phone call from Warden to LEO

I have known several people who did this and simply had the understanding the if a certain individual was in possesion of a .270 on private property with written permission then it was not big deal.....

However this weapon and any others did not need to be in their possesion on public roads or public property.

He has to have been "off paper" for 5 years. BUT you will need to consult an attorney in your county to make sure, just in case there are any issues with local judges etc.

He can also go before a judge and show cause/need to be able to have a firearm and the judge can sign off on it but you will need an attorney for that also.

1st post on a 4 year old topic resurrected from the dead.

If he's gonna hunt in Hays Co. just send me a PM as to where and I'll handle the rest.

To TTOutdoorsman,
That's the dumbest post I've ever seen anyone post....EVER.

First the guy admits that he's a convicted felon. Then announces that he hunts his deer lease, and if ever caught, he'll argue that it's his residence. Good luck with that one.

Secondly, he proclaims himself to be a 2nd Amendment supporter that "will not be stripped" of his right to keep and bear arms. Well, I got news for you hot rod...YOU and only YOU committed a felony, thereby stripping yourself of that legal right. Typical convict that wants to blame everyone else for their own sorry plight in life. The author did it to himself and now doesn't like the treatment he's receiving. Cry me an effin' river.

Hey, I got a novel idea, how 'bout we obey the laws and consider potential consequences before we do something stupid that's going to impact the rest of my life.

On second thought, naaaahhh, I'm going for the immediate self gratification and then I'll blame society and the government. Stupid, just plain stupid.

Just get a bow or crossbow and be done with it.

I tend to agree with LP on this one.

Kinda makes you wonder

Lots of bad advice on this thread, but it was from four years ago. I wonder if the guy is now in the slammer as a result?

Texas law has that provision about 'after the fifth anniversary...in the home' and all. Federal law has no such provision. Federal law trumps state law. Use a muzzle loader or archery, or risk a federal charge.

This topic is a serious matter even if it is an old thread. Better check with a reputable attorney. The consequences would not be fun.