WEAPONS RESTRICTIONS
Colorado and federal laws prohibit prople convicted of certain crimes, such as domestic violence, from possessing weapons, even for hunting. Check with the appropriate law inforcement authority on how the laws applies to you.
Now, this does not cover every aspect of the issue as everr situations may be slightly different and with a different time line. I just talked with the CDOW Chief of Law Enforcement, and he will clarify this above definition within a few days. I will then attach that clarification when I get it. Paul CBA
Over the years, I have had 2 individuals, both felons, request to take my bowhunter ed class. Fortunately, both guys told me up front that they had a felony conviction in the past. Reluctantly, I told them they could not take the class, since we do handle bows and shoot bows in the class.
This is one of the strong points on being able to hunt in areas that are incorporated if they do not have an Ordinance prohibiting "Archery equipment". Of course bows handled inproperly could be construed as a "deadly weapon" if you are using it carelessly.
This may just be the point. All about levels.
And it just may be that some felons may be able to hunt with a firearm and or bow depending on the degree of their case, ie "certain cases".
As I stated above, the CDOW will up date this subject and let me know. Paul
Guns, bows, knives, chain saws, all these tools just make doing the job simpler.
The Bowsite rules say that you are suppose to enter your name and state. I see that you have a state listed but I don't think that your name is " ".
Messed up
You might want to move or hunt in Wyoming?
Everyone makes mistakes in life...some are caught.
A person can be eligible to purchase a hunting license in Colorado but could be prohibited from possessing weapons (archery, muzzleloading, rifle, etc) to hunt. The following information is taken from the 2008 Colorado Big Game Hunting Information brochure.
Colorado and federal laws prohibit people convicted of certain crimes, such as domestic violence, from possessing weapons, even for hunting. Check with the appropriate law enforcement authority on how the laws apply to you.
Respectfully, Jerry Colorado Division of Wildlife Denver Call Center 303-291-7419 [email protected]
Further more, once a felon (in most cases) always a felon. Some states have restoration of rights for firearms by having records expunged and/or 1st offender statutes but not many. By in large, if you have ever been convicted of a felony, you can't possess a firearm.
Missingwhitetail. Sometimes just contacting the CDOW and getting an answer from the Call Center, does not tell the whole story. These guys basically do a great job but do not know all of the aspects of an issue. he just quoted from the Big GAme Brochure.
Thank you both for your input. Paul
But at least you won't do time in the Fed Pen.
I will say this, there will be an attempt by the CDOW to clarify all aspects of this law so that all Colorado enforcement agencies, ie, local prosecuters and judges, understand the law and its various aspects.
It is the .1% that needs to be clarified. Paul, CBA
elkscatpile's Link
The following are statutes from the Colorado Bureau of Investigations website. It does not appear that archery equipment is considered a dangerous weapon as defined is section in 18-12-102 (1), or a prohibited weapon by a previous offender 18-12-108. There also appears to be a 10-year clause?
Does anyone have any advise for appropriate steps for a convicted felon the legally bowhunt in Colorado?
Colorado Statutes/TITLE 18 CRIMINAL CODE/ARTICLE 12 OFFENSES RELATING TO FIREARMS AND WEAPONS/PART 1 FIREARMS AND WEAPONS - GENERAL/18-12-108. Possession of weapons by previous offenders. 18-12-108. Possession of weapons by previous offenders. (1) A person commits the crime of possession of a weapon by a previous offender if the person knowingly possesses, uses, or carries upon his or her person a firearm as described in section 18-1-901 (3) (h) or any other weapon that is subject to the provisions of this article subsequent to the person's conviction for a felony, or subsequent to the person's conviction for attempt or conspiracy to commit a felony, under Colorado or any other state's law or under federal law. (2) (a) Except as otherwise provided by paragraphs (b) and (c) of this subsection (2), a person commits a class 6 felony if the person violates subsection (1) of this section. (b) A person commits a class 5 felony, as provided by section 18-12-102, if the person violates subsection (1) of this section and the weapon is a dangerous weapon, as defined in section 18-12-102 (1). (c) A person commits a class 5 felony if the person violates subsection (1) of this section and the person's previous conviction was for burglary, arson, or any felony involving the use of force or the use of a deadly weapon and the violation of subsection (1) of this section occurs as follows: (I) From the date of conviction to ten years after the date of conviction, if the person was not incarcerated; or (II) From the date of conviction to ten years after the date of release from confinement, if such person was incarcerated or, if subject to supervision imposed as a result of conviction, ten years after the date of release from supervision. (d) Any sentence imposed pursuant to this subsection (2) shall run consecutively with any prior sentences being served by the offender. (3) A person commits the crime of possession of a weapon by a previous offender if the person knowingly possesses, uses, or carries upon his or her person a firearm as described in section 18-1-901 (3) (h) or any other weapon that is subject to the provisions of this article subsequent to the person's adjudication for an act which, if committed by an adult, would constitute a felony, or subsequent to the person's adjudication for attempt or conspiracy to commit a felony, under Colorado or any other state's law or under federal law. (4) (a) Except as otherwise provided by paragraphs (b) and (c) of this subsection (4), a person commits a class 6 felony if the person violates subsection (3) of this section. (b) A person commits a class 5 felony, as provided by section 18-12-102, if the person violates subsection (3) of this section and the weapon is a dangerous weapon, as defined in section 18-12-102 (1). (c) A person commits a class 5 felony if the person commits the conduct described in subsection (3) of this section and the person's previous adjudication was based on an act that, if committed by an adult, would constitute burglary, arson, or any felony involving the use of force or the use of a deadly weapon and the violation of subsection (3) of this section occurs as follows: (I) From the date of adjudication to ten years after the date of adjudication, if the person was not committed to the department of institutions, or on or after July 1, 1994, to the department of human services; or (II) From the date of adjudication to ten years after the date of release from commitment, if such person was committed to the department of institutions, or on or after July 1, 1994, to the department of human services or, if subject to supervision imposed as a result of an adjudication, ten years after the date of release from supervision. (d) Any sentence imposed pursuant to this subsection (4) shall run consecutively with any prior sentences being served by the offender. (5) A second or subsequent offense under paragraphs (b) and (c) of subsection (2) and paragraphs (b) and (c) of subsection (4) of this section is a class 4 felony. (6) (a) Upon the discharge of any inmate from the custody of the department of corrections, the department shall provide a written advisement to such inmate of the prohibited acts and penalties specified in this section. The written advisement, at a minimum, shall include the written statement specified in paragraph (c) of this subsection (6). (b) Any written stipulation for deferred judgment and sentence entered into by a defendant pursuant to section 18-1.3-102 shall contain a written advisement of the prohibited acts and penalties specified in this section. The written advisement, at a minimum, shall include the written statement specified in paragraph (c) of this subsection (6). (c) The written statement shall provide that: (I) (A) A person commits the crime of possession of a weapon by a previous offender in violation of this section if the person knowingly possesses, uses, or carries upon his or her person a firearm as described in section 18-1-901 (3) (h), or any other weapon that is subject to the provisions of this title subsequent to the person's conviction for a felony, or subsequent to the person's conviction for attempt or conspiracy to commit a felony, or subsequent to the person's conviction for a misdemeanor crime of domestic violence as defined in 18 U.S.C. sec. 921 (a) (33) (A), or subsequent to the person's conviction for attempt or conspiracy to commit such misdemeanor crime of domestic violence; and (B) For the purposes of this paragraph (c), "felony" means any felony under Colorado law, federal law, or the laws of any other state; and (II) A violation of this section may result in a sentence of imprisonment or fine, or both. (d) The act of providing the written advisement described in this subsection (6) or the failure to provide such advisement may not be used as a defense to any crime charged and may not provide any basis for collateral attack on, or for appellate relief concerning, any conviction. Source: L. 71: R&RE, p. 483, § 1. C.R.S. 1963: § 40-12-108. L. 73: p. 542, § 1. L. 75: Entire section amended, p. 621, § 17, effective July 21. L. 93, 1st Ex. Sess.: Entire section added, p. 4, § 3, effective September 13. L. 94: Entire section R&RE, p. 1464, § 6, effective July 1. L. 2000: (2)(a) and (4)(a) amended and (2)(d), (4)(d), and (6) added, pp. 632, 633, §§ 1, 2, 3, effective July 1. L. 2002: (6)(b) amended, p. 1517, § 208, effective October 1. L. 2003: (4)(b) amended, p. 1432, § 19, effective April 29. Cross references: For the legislative declaration contained in the 2002 act amending subsection (6)(b), see section 1 of chapter 318, Session Laws of Colorado 2002.
Colorado Statutes/TITLE 18 CRIMINAL CODE/ARTICLE 12 OFFENSES RELATING TO FIREARMS AND WEAPONS/PART 1 FIREARMS AND WEAPONS - GENERAL/18-12-102. Possessing a dangerous or illegal weapon - affirmative defense. 18-12-102. Possessing a dangerous or illegal weapon - affirmative defense. (1) As used in this section, the term "dangerous weapon" means a firearm silencer, machine gun, short shotgun, short rifle, or ballistic knife. (2) As used in this section, the term "illegal weapon" means a blackjack, gas gun, metallic knuckles, gravity knife, or switchblade knife. (3) A person who knowingly possesses a dangerous weapon commits a class 5 felony. Each subsequent violation of this subsection (3) by the same person shall be a class 4 felony. (4) A person who knowingly possesses an illegal weapon commits a class 1 misdemeanor. (5) It shall be an affirmative defense to the charge of possessing a dangerous weapon, or to the charge of possessing an illegal weapon, that the person so accused was a peace officer or member of the armed forces of the United States or Colorado national guard acting in the lawful discharge of his duties, or that said person has a valid permit and license for possession of such weapon. Source: L. 71: R&RE, p. 482, § 1. C.R.S. 1963: § 40-12-102. L. 72: p. 276, § 9. L. 73: p. 540, § 13. L. 79: Entire section R&RE, p. 729, § 10, effective July 1. L. 87: (1) amended, p. 674, § 3, effective May 16. Cross references: For affirmative defenses generally, see §§ 18-1-407, 18-1-710, and 18-1-805.
I've been sued 3 times in the past year, stats are open to opinion & intrepretation, and per my attorney - you can sue Santa Claus if you can find him and serve him. Bottome line is it is expensive to let a judge resolve disputes, civil or criminal.
The last word on this would be your local District Attorney, regardless of what the Chief Law Enforcement officer says.
Seems to me that lately inline muzzleloaders were considered an item a convicted felon may not possess.
I have never heard of a federal law that would prevent a person from possessing a bow and arrow. To think a state would prevent people from hunting: based on the past commission of a crime .. is scary.
How many people are killed with a knife every year; compared to people killed with a bow ? I bet its probably 100,000 to 1: at least. And a felon is surely allowed a knife to cut his steak with...
I do know police officers etc: will talk with certain authority about things they know nothing about. Yes; I am saying that a law enforcement officer might lie.
Ever notice that they CAN legally lie? They do it all the time interrogating suspects. I know; I was a cop.
The Thompson brothers ('the witchery of archery') hunted with bows because they were not allowed to possess weapons- because they fought for the south.
You need an opinion from the attorney general in Colorado.
Now how can this be?
According to Series 500, CDOW Law Enforcement Guidelines Chapter 522, Felons in Possession of a firearm or other weapons, Effective 1/10/01.
A. Prohibited "firearms" and "regulated weapons" include. Any firearm, any dangerous weapon as ballistic knife and other guns. Any illegal weapons, black jacks, gas gun, metallic knuckles, gravity knife or switchblade knife. Any deadly weapon (except the possession of a hunting or fishing knife for sport use) and Other miscellaneous "regulated" weapons as bows and arrows, throwing stars, etc.
My suggestion is that anyone who needs information contact their local District attorney's office to review their particular situation.
It seems that prior to July 1, 1994, if convicted and or incarcerated, of a felony, the possession of a firearm or regulated weapon could be reinstated after 10 years upon release.
After JUly 1, 1994, " Any peron convicted is subject to the permanent prohibition against possession of firearms or regulated weapons.
This memo, states farther: "it is in the best interest of the public and the field officers that there be a clear understanding between CDOW officers and the local District Attorneys office regarding the possession of weapons by previous offenders.
I would then add that there needs to be a clear understanding between a private citizen and the local District Attorneys office concerning a previous offender.
This is why the Big GAme Brochure, states, "Check with the appropriate law enforcement authority on how the law apply to you."
Paul
The unfortunate part about checking with local DA’s office is that they won’t actually answer questions from individual citizens, same as at the state level.
The other part which doesn’t make a lot of sense in regards to checking with the local DA is a guy would have to contact multiple DA’s if living in Denver and hunting the western slope.
Can anyone recommend any front range lawyers with experience in these matters?
You could always be a test case to challenge the law in court.
There are some states that do allow felons to hunt with archery equipment. Sorry but Colorado isn't one of them.
Colorado State Law was amended in 1994 to prohibit the possession of a firearm or other weapons (pursuant to Colorado Revised Statutes Title 18, Article 12). It was also amended in 2000 to make such possession a class 6 felony instead of a class 1 misdemeanor. The beginning wording of CRS 18-12-108 is:
(1) A person commits the crime of possession of a weapon by a previous offender if the person knowingly possesses, uses, or carries upon his or her person a firearm as described in section 18-1-901 (3) (h) or any other weapon that is subject to the provisions of this article subsequent to the person's conviction for a felony, or subsequent to the person's conviction for attempt or conspiracy to commit a felony, under Colorado or any other state's law or under federal law.
CRS 18-1-901(3)(h) adds the following provision that covers muzzleloaders and shotguns: 18-1-901(3)(h) "Firearm" means any handgun, automatic, revolver, pistol, rifle, shotgun, or other instrument or device capable or intended to be capable of discharging bullets, cartridges, or other explosive charges.
Because 18-12-108 includes "firearm... OR ANY OTHER WEAPON that is subject to the provisions of this article", it also includes 'dangerous' and 'deadly weapons'. It is the interpretation of the Attorney General and the Division of Wildlife that bow and arrow are dangerous and deadly weapons, therefore, not allowed for possession of persons convicted of a felony.
So here's your solution. Temporarily move to Indiana as they only require residents to do an online hunter's safety card and then move back to CO and use your Indiana hunter's safety card to hunt in TX, PA, etc. with your bow and in some cases a percussion or flintlock muzzleloaders. Who cares about residency at this point because you can't hunt in Colorado anyway.
There's a great article for all you felons in this thread.
No arrests or charges in my past. However, I see some injustice in this for a guy behind on child support due to an injury. A dude 19 or 20 with a 17 year old girlfriend that gets charged and can't afford a decent defense.
Our last 3 Presidents all admit to drug use. Since legalization in Colorado a judge would be at odds to cut a guy off for archery because he had a pot charge "back in the day". Many people plead no-contest or guilty to misdemeanors not knowing that there privilege to hunt would be effected at a later date. Violent offense are of course another issue. I always thought redemption and forgiveness was possible not just for Hollywood types and politicians but for us all. Just my two cents. Griz
Real scenario - husband and wife have a bad argument. No physical contact, battery, or anything. Wife is very angry so the husband leaves to defuse the situation. Later, the wife won't answer the phone so husband calls the police to stop by for a welfare check.
Deputy stops by to chat. Wife answers door, deputy asks if he can come in to talk with her. She lets him in He sees a broken mirror. Arrests her for Domestic Violence and Criminal Mischief (It's illegal to break a mirror inside your own home, she learns - no joke).
Husband refuses to press charges or even sign a statement, but can't get her out of jail because he's the "victim", despite meeting with the DA and writing a letter. Someone else has to bail her out.
End result, she pleaded guilty to a reduced misdemeanor charge, but because of the DV charge, she can never own a gun or hunt again. Other than that, she previously had a clean record and a CCW permit. Now she's screwed.
Something is wrong with the system when things like this happen. Now with the new Obamacare law, people may be prohibited from gun ownership for past use of prescription "psychotropic" drugs like Ambien, which the Doc used to prescribe for me so I could sleep on the plane during long international business and hunting/fishing flights.
With the new state law that just passed with all our new gun laws-DV law, clearly states "underlying factual basis-DV intent", this gives Libturds in the legal system to claim DV actions in "ANY" way they see fit to charge someone with DV, total BS
All these new laws against minor felons is another way the libturds are slowly eroding away our 2 amendment rights. like you said, ANYTHING related to mental health illness they will use against you to take your rights away. BETTER START FIGHTING BACK NOW! before it is to late.
This is a class 6 felony.
It has always been my interpretation that a bow and arrow qualifies as something “capable of producing death or serious bodily injury as a “Deadly weapon” is defined in 18-1-901:
18-1-901, reads, in relevant part: (e) “Deadly weapon” means: . . . (II) A knife, bludgeon, or any other weapon, device, instrument, material, or substance, whether animate or inanimate, that, in the manner it is used or intended to be used, is capable of producing death or serious bodily injury.
There is also zero chance any prosecutor in CO will prosecute a convicted felon for having a bow and using it to hunt or target shoot. There is also an almost zero chance (I say almost zero because some cops are overzealous idiots), any cop would push the issue or even think of going down that road.
I would wager a paycheck a possession of a weapon by a previous offender case has never been prosecuted in CO involving a bow. I'd also guess it's never happened with a muzzleloader (absent another circumstance).
18-12-108 (3) A person commits the crime of possession of a weapon by a previous offender if the person knowingly possesses, uses, or carries upon his or her person a firearm as described in section 18-1-901 (3) (h) or any other weapon that is subject to the provisions of this article subsequent to the person's adjudication for an act which, if committed by an adult, would constitute a felony, or subsequent to the person's adjudication for attempt or conspiracy to commit a felony, under Colorado or any other state's law or under federal law.
18-1-901 (3) (h) (h) "Firearm" means any handgun, automatic, revolver, pistol, rifle, shotgun, or other instrument or device capable or intended to be capable of discharging bullets, cartridges, or other explosive charges.
Bows do not appear to fall under "any other weapon that is subject to the provisions of this article" under Colorado 18-12-108.
But obviously any ex-felon should confirm with their attorney what they can legally possess rather than rely on internet analysis.
