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Old 10-31-2012, 06:41 AM
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Default Felons hunting

The way I understand it felons can't own guns so where does that leave them concerning hunting? I know they can bow hunt, what about muzzle loader? You don't have to do a background check to buy a muzzle loader so can felons own them? Hunt with them? Always been curious what restrictions are placed on them.
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Old 10-31-2012, 06:50 AM
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In Arkansas, the only legal way a felon can hunt is with a bow or high power air rifle. The law says a felon cannot use or possess a firearm. Arkansas description of a firearm include's muzzle loaders. Some states do not. A felon can legally use a smoke pole in MO the last I heard. They make and you can purchase a air rifle that holds 3000 psi. They come in everything from a .223 to a .50 cal and they are normally good for 75 to 100 yards.


I am a convicted felon and have researched the crap out of this in Arkansas. Bow or high power air rifle are the only two ways to hunt. I have applied for a pardon once, but I applied 3 weeks after my probation ended so it was denied. It's now been almost 11 years and I will be hiring a local lawyer after the 1st of the year and attempting to get it again. Should not have a problem this time.

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Old 10-31-2012, 06:59 AM
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Thanks for the reply. I wasn't sure how it worked. The whole situation makes no sense to me. I personally think the separation should be at violent crimes. If someone is convicted of theft over $500 it is a lot different as apposed to say someone convicted of attempted murder.

Punishing someone for the rest of their life for one mistake isn't right.
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Old 10-31-2012, 07:39 AM
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I agree with you. My felony came from something stupid. I was at a club with 2 friends. We split up and I was drinking and talking to some other people. After a few hours my other 2 friends came and found me and said they were ready to go. We got in the car, made it just out fo the parking lot and 6 Little Rock cop cars swarmed us. Come to find out the 2 I was with went to the parking lot and had stolen a number of radios, tv, speakers, amp's, and cd's from other cars and put it in the trunk of the car I was riding in. Since I was int he car, I went down with them. I got much lighter than they did, but still got a class d felony.
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Old 10-31-2012, 10:03 AM
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That sucks ACB!!
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Old 10-31-2012, 11:57 AM
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That sucks ACB!!

It does, but I knew the 2 guys were not model citizens and I never should been hanging out with them. I didnt know they were stealing, just knew they were not the bets friends a person could have. So, I figure since I did not use my best judgement, I brought it on myself. Hopefully I will get a pardon sometime late next year and it will all be behind me.
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Old 10-31-2012, 12:15 PM
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It does, but I knew the 2 guys were not model citizens and I never should been hanging out with them. I didnt know they were stealing, just knew they were not the bets friends a person could have. So, I figure since I did not use my best judgement, I brought it on myself. Hopefully I will get a pardon sometime late next year and it will all be behind me.
Good luck!!!!
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Old 10-31-2012, 01:21 PM
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Originally Posted by arcountryboy View Post
In Arkansas, the only legal way a felon can hunt is with a bow or high power air rifle. The law says a felon cannot use or possess a firearm. Arkansas description of a firearm include's muzzle loaders. Some states do not. A felon can legally use a smoke pole in MO the last I heard. They make and you can purchase a air rifle that holds 3000 psi. They come in everything from a .223 to a .50 cal and they are normally good for 75 to 100 yards.


I am a convicted felon and have researched the crap out of this in Arkansas. Bow or high power air rifle are the only two ways to hunt. I have applied for a pardon once, but I applied 3 weeks after my probation ended so it was denied. It's now been almost 11 years and I will be hiring a local lawyer after the 1st of the year and attempting to get it again. Should not have a problem this time.
I don't know if it is the same thing as "a pardon" but have you tried to get yours "expunged"? I am a convicted felon (assault) and I can buy and own firearms, of course I have a three day wait, but can still legally own any fire arm.

(It's a long story, but, in case you are wondering, A guy was beating on his wife, so I started beating on him. He got off with a night in the ER and a day in jail, while I was looking at doing a year in prison. Ended up 3 years probation, luckly, my Ex-FIL worked for the court and was my probation officer, Right before he passed a few years ago he told me that he had "TAKEN CARE OF ME" before he retired)
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Old 10-31-2012, 01:34 PM
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I don't know if it is the same thing as "a pardon" but have you tried to get yours "expunged"? I am a convicted felon (assault) and I can buy and own firearms, of course I have a three day wait, but can still legally own any fire arm.

(It's a long story, but, in case you are wondering, A guy was beating on his wife, so I started beating on him. He got off with a night in the ER and a day in jail, while I was looking at doing a year in prison. Ended up 3 years probation, luckly, my Ex-FIL worked for the court and was my probation officer, Right before he passed a few years ago he told me that he had "TAKEN CARE OF ME" before he retired)
I got the expungement, but I tried to buy a shotgun at Macks a few years later and was denied quick. I called the number they gave me and it seems that an expungment now only hides your record from basic stuff like employee background check's, etc.
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Old 11-01-2012, 11:41 AM
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I got the expungement, but I tried to buy a shotgun at Macks a few years later and was denied quick. I called the number they gave me and it seems that an expungment now only hides your record from basic stuff like employee background check's, etc.
I didnt think that was true. I was told it was like you never had the conviction
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Old 11-01-2012, 11:44 AM
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Arkansas Expungement Laws


Wouldn't it be nice to completely erase an arrest record and act as if that incident never actually occurred? In Arkansas you can achieve that if you are granted an expungement of your records. Expungement means to literally wipe out all existence of an arrest or charge against you. Like other states, Arkansas expungement laws allow for this to be granted in certain circumstances. When you are awarded an expungement you can state truthfully on a future job application that you do not have an arrest record. That can mean all the difference between getting the job or remaining unemployed.



If you are arrested for any crime in Arkansas, a record is generated and that record can be accessed by anyone conducting a search of your name. They don't even need your permission to do a background check. The only way to resolve an arrest charge is to stand before a judge or jury. You'll either be convicted of the charge, found innocent or have the charges dismissed or dropped. In the case where the charges are dropped or you are found innocent then you can proceed to petition the court to have your record expunged. This means all traces, court docket filings, petitions and any other record that has to do with your case will be removed from the court's criminal history database and sealed. No one in the public sector can obtain those records from that point on.

There are certain circumstances in Arkansas where a convicted person can still be granted an expungement of their records. If you were granted an official pardon by the Governor then you might be eligible for expungement. First time offenders also stand a good chance of having their records expunged if they have met all the obligations of the court. This applies to DUI cases when you have completely any community service or probation period. A minor who was convicted of a non-violent felony can apply for a record expungement. Obtaining this type of expungement is crucial for college applications. First time convicted felons can also apply for an expungement of their records if the crime was not a capitol crime involving violence or sexual assault or selling drugs to a minor.

The best approach to obtaining an expungement in Arkansas is to hire a qualified criminal defense attorney to work on your behalf. They will know all the proper procedures and applications to file. Don't let a past mishap stand in the way of your future.
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Old 11-01-2012, 11:47 AM
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CAN I NOW CARRY A FIREARM?
Arkansas law does not allow an expungement to restore your right to carry a firearm unless the governor expressly restores it by receiving a pardon. However, if you were sentenced under the First Time Offender Act (listed above), you do not need to get a pardon in order to be eligible to carry a firearm. A.C.A. 5-73-101(2).
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Old 11-01-2012, 12:04 PM
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Sounds like you did your research. Where was this info taken from?
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Old 11-01-2012, 12:04 PM
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copy and paste off the internet
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Old 11-01-2012, 01:31 PM
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Thats all correct. I'm guessing your saying I'm right? Uou can remove your ARREST record, not the felony charge. The only way to restore your fire arm rights is to get a governors pardon.
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Old 11-01-2012, 01:33 PM
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Thats all correct. I'm guessing your saying I'm right? Uou can remove your ARREST record, not the felony charge. The only way to restore your fire arm rights is to get a governors pardon.

If you were sentenced as a first offender, you dont need the pardon.
At least thats how I read it.
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Old 11-01-2012, 01:35 PM
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Thats all correct. I'm guessing your saying I'm right? Uou can remove your ARREST record, not the felony charge. The only way to restore your fire arm rights is to get a governors pardon.
I had guns and they gave them to my dad until my time had passed.
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Old 11-01-2012, 01:52 PM
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Originally Posted by Doug Hodges View Post
Arkansas Expungement Laws


Wouldn't it be nice to completely erase an arrest record and act as if that incident never actually occurred? In Arkansas you can achieve that if you are granted an expungement of your records. Expungement means to literally wipe out all existence of an arrest or charge against you. Like other states, Arkansas expungement laws allow for this to be granted in certain circumstances. When you are awarded an expungement you can state truthfully on a future job application that you do not have an arrest record. That can mean all the difference between getting the job or remaining unemployed.



If you are arrested for any crime in Arkansas, a record is generated and that record can be accessed by anyone conducting a search of your name. They don't even need your permission to do a background check. The only way to resolve an arrest charge is to stand before a judge or jury. You'll either be convicted of the charge, found innocent or have the charges dismissed or dropped. In the case where the charges are dropped or you are found innocent then you can proceed to petition the court to have your record expunged. This means all traces, court docket filings, petitions and any other record that has to do with your case will be removed from the court's criminal history database and sealed. No one in the public sector can obtain those records from that point on.

There are certain circumstances in Arkansas where a convicted person can still be granted an expungement of their records. If you were granted an official pardon by the Governor then you might be eligible for expungement. First time offenders also stand a good chance of having their records expunged if they have met all the obligations of the court. This applies to DUI cases when you have completely any community service or probation period. A minor who was convicted of a non-violent felony can apply for a record expungement. Obtaining this type of expungement is crucial for college applications. First time convicted felons can also apply for an expungement of their records if the crime was not a capitol crime involving violence or sexual assault or selling drugs to a minor.---Still does not get rid if the felony, just hides it
The best approach to obtaining an expungement in Arkansas is to hire a qualified criminal defense attorney to work on your behalf. They will know all the proper procedures and applications to file. Don't let a past mishap stand in the way of your future.
Highlighted the important parts.
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Old 11-01-2012, 01:55 PM
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If you were sentenced as a first offender, you dont need the pardon.
At least thats how I read it.
Thats not correct. The expungement removes the arrest record, not the charges if you were convicted. Only a pardon can remove the charge for an adult. I have talked to a lawyer, a judge, a member of the parole board, and I am good friends with the chief of police here.
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Old 11-01-2012, 04:01 PM
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CAN I NOW CARRY A FIREARM?
Arkansas law does not allow an expungement to restore your right to carry a firearm unless the governor expressly restores it by receiving a pardon. However, if you were sentenced under the First Time Offender Act (listed above), you do not need to get a pardon in order to be eligible to carry a firearm. A.C.A. 5-73-101(2).
What about this one?
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Old 11-01-2012, 04:12 PM
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Just because its your first offense (not sure if ACB said it was his or not) does not necessarily mean you were sentenced under the first offenders act.

More than likely ACB is correct, he needs a pardon
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Old 11-01-2012, 04:20 PM
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Just because its your first offense (not sure if ACB said it was his or not) does not necessarily mean you were sentenced under the first offenders act.

More than likely ACB is correct, he needs a pardon
I'm sure he knows his own situation. I was just wondering if it were true in all cases.
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Old 11-01-2012, 05:42 PM
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well had a guy at work who is a fellon and said he could bow hunt, but they said he couldnt use a release because it has a trigger
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Old 11-01-2012, 05:53 PM
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I'm sure he knows his own situation. I was just wondering if it were true in all cases.
I asked my dad (Lt. At the county sheriff) and he said they will notify you in court if you are being charged under that act. You are right though, if you were charged under that act and get your charges expunged, you don't need a pardon.

One other thing about expungement, it doesn't wipe it off your record for everyone. Government job background show the charge and whether it was expunged. (Dad was also a career navy recruiter).
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Old 11-01-2012, 08:09 PM
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Quote:
Originally Posted by Doug Hodges View Post
What about this one?
That is correct, but if you have the time to search through judicial records, you will find that maybe 1 out of every 200 gets that deal.

Quote:
Originally Posted by Nuge Fan View Post
Just because its your first offense (not sure if ACB said it was his or not) does not necessarily mean you were sentenced under the first offenders act.

More than likely ACB is correct, he needs a pardon
Correct for me, very very few people get the first time offender deal.

Quote:
Originally Posted by xtremebowhunter View Post
well had a guy at work who is a fellon and said he could bow hunt, but they said he couldnt use a release because it has a trigger

Someone BS'd him big time. a trigger has nothing to do with it.


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Originally Posted by Nuge Fan View Post
I asked my dad (Lt. At the county sheriff) and he said they will notify you in court if you are being charged under that act. You are right though, if you were charged under that act and get your charges expunged, you don't need a pardon.

One other thing about expungement, it doesn't wipe it off your record for everyone. Government job background show the charge and whether it was expunged. (Dad was also a career navy recruiter).
They will tell you if you are, 9 out 10 you better have a good lawyer that begs for that conviction.

Your dad is also correct. The only way to get rid of it 100% where no one will ever know is a governor pardon. With a full pardon, no one will ever know it was there.



Now, here is a breakdown of it. If you have ever been arrested you will have numbers in the system. Most of the time even if you were not charged, you will be delayed on getting a firearm. If you were not convicted the expungement will remove the arrest record, unless you got very lucky and got the 1st time offender deal the expungement will not remove a conviction from the record. Only a governor or in Federal cases a presidential pardon can remove the charges.

If you want to dig even deeper, there is also in AR a request to restore your right to own firearms option. If granted, you will be able to purchase and own guns, but still have the felony conviction. This is rarely asked for and denied most of the time.
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Old 11-02-2012, 06:58 AM
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How would a person check without going to purchase a gun?
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Old 11-02-2012, 08:00 AM
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If you have ever received an expungement the only way to check is with the FBI or attempt to purchase a gun. If you never received an expungement, then your local police station can give you your record.
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Old 11-02-2012, 12:44 PM
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I know felons that go to wal-Mary and buy their hunting license then gun hunt.. Should be a program that would but bow hunting only on license or something..
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Old 11-02-2012, 01:38 PM
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You can buy a hunting license no problem. It would not be cheap to create a program for a bow only license. Also, look at it this way, if they are a felon and they are gun hunting, do you think not getting a license is going to stop them? They are already breaking a major law that could potentially put them in the pen for 3 years. Whats one more $250 fine on top of that.

I do not gun hunt at all, the main reason is I screwed up by being with the wrong people, thats my fault. I am not a screwup overall and I do not want to take a chance of screwing up what I have. Certainly not know with a wife and kid. If for some reason I do not get a pardon when I file again, I plan on buying a .243 cal or .50 cal air rifle and use it and my bow. I have already personally talked to the director of AGFC and confirmed in writing that it is legal to use a air rifle for big game in AR as long as it met the required caliber laws. Even though I knew the laws, I have also talked to the state police and confirmed an air rifle is not classified as a firearm.
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Old 11-02-2012, 07:43 PM
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As a former Police Officer and someone that loves studing the law.....I will say be very careful with these two things. A pardon is the only way to get firearms rights back.
And an expungment is not a pardon....interpretation is the key here. A bow is a weapon and could if the wrong person catches you get you in a lot of trouble.
Pardons are very hard to get.........I know a few that have gotten them and it really takes someone powerful....more powerful then even a good attorney to get one.
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