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HB -97 -RESTRICT CERTAIN HUNTING DRAWS
New Mexico
Contributors to this thread:
jamaro@home 21-Jan-15
WapitiBob 21-Jan-15
ohiohunter 21-Jan-15
Barrera 21-Jan-15
HDE 21-Jan-15
jamaro@home 21-Jan-15
jamaro@home 21-Jan-15
HDE 21-Jan-15
lazyh 21-Jan-15
arctichill 22-Jan-15
wilhille 22-Jan-15
wilhille 22-Jan-15
El Gato Negro 22-Jan-15
HDE 22-Jan-15
ohiohunter 22-Jan-15
raceguy 22-Jan-15
cantgetdrawn 22-Jan-15
HDE 22-Jan-15
raceguy 22-Jan-15
jamaro@home 22-Jan-15
From: jamaro@home
21-Jan-15

jamaro@home's Link
Wasn't enough room for the title...

HB -97 -RESTRICT CERTAIN HUNTING DRAWS TO NON-FELONS

You can see the Bill by going to this link.. http://thenewmexicosportsman.com/?p=1812

Basically, it will restrict felons for putting in for rifle hunt codes... What do you think? Good or Bad??

J-

From: WapitiBob
21-Jan-15
I think they did their time.

From: ohiohunter
21-Jan-15
I thought convicted felons (ex cons) could no longer posses a firearm, nor be in possession of one. Essentially this is a no brainer.

From: Barrera
21-Jan-15
Felons can't purchase firearms. Makes sense.

From: HDE
21-Jan-15
Even if they did their time, all have to be under the same restriction as there are repeat offenders often enough. I wouldn't want a crazy with a tag and a gun on the loose. Unfortunately, there are consequences for your actions and you alone can only be the full beneficiary of those actions.

From: jamaro@home
21-Jan-15
Not to point out the obvious... BUT this would force felons to hunt doing the archery season... As is they can still draw a rifle tag but hunt with a bow during the rifle hunt code...

From: jamaro@home
21-Jan-15
Also, I pulled this from a facebook discussion on this one... and it was news to me.. :)

New Mexico law prohibits people convicted of felonies (in New Mexico or elsewhere) from possessing:

firearms bombs grenades, and missiles. The law does not apply to people who have been pardoned or received a deferred sentence or completed their sentence more than ten years ago. (N.M. Stat. ยง 30-7-16.) For example, a person who was convicted of felony drug trafficking and released from prison 15 years ago could legally possess a firearm in New Mexico.

From: HDE
21-Jan-15
"...this would force felons to hunt doing the archery season"

Yep - thinking the same thing too.

From: lazyh
21-Jan-15

missile

n.noun

1.An object or weapon that is fired, thrown, dropped, or otherwise projected at a target; a projectile.

2.A guided missile.

3.A ballistic missile.

I would think an arrow could be classified as a missile.

From: arctichill
22-Jan-15
If a felon can legally possess a firearm (like the 15 year old felony OP describes above) then the felon should be allowed to apply for a firearm hunt. If a felon cannot legally possess a firearm then obviously the application for a firearm hunt should be rejected and maybe further investigation should be encouraged?

OP "pulled the info from Facebook". I'm not sure felons can EVER possess a firearm?? I'm good with that. Assuming that was the case, I have no problem with a felon owning a bow and engaging in legal bowhunting activities...including the draw. Should the individual violate the laws of the state (including Game and Fish laws) the individuals should be subject to maximum penalties.

From: wilhille
22-Jan-15
My opinion........

Once someone is done with their sentence, it should be done. If they are still a threat, they should be in jail. I truly believe that the rights given to us by the constitution, are good given and should not be taken away.

I understand hunting is aprivilege. But the 2nd amendment is a right.

For the record, I'm not a felon. I'm just a Soldier who believes that no man should be able to take away RIGHTS.

To answer the question about hunting.

From: wilhille
22-Jan-15
Whoops..... forgot the rest of my post....

As far as hunting, let them apply.

22-Jan-15
So why can't a felon hunt with a bow during a rifle season? Maybe he prefers dodging bullets whistling by as he stalks his animal. Just a thought

From: HDE
22-Jan-15
Ultimately it depends on what federal law states about felons and firearms.

I know it's way off topic, but hunting is a right as it coincides with natural law just like a man has the right to own land and eat the bread made by his own hands.

From: ohiohunter
22-Jan-15
I think it may only apply to violent offenders, but either way thats how it goes. They made the choice to commit the crime and along w/ the time they are also stripped of their right to bear arms.

I know an ex con who cannot have a gun nor gun hunt for that matter, he is the least of my worries. But repeat offenders are NOT uncommon and there are some sick SOB's in this world, to not acknowledge that is naive and very well can jeopardize you and your loved one's well being. I'm sorry but our legal system has a reputation of failing miserably... more so with capital punishment being [pretty much] a thing of the past.

From: raceguy
22-Jan-15
I guess convicted child molesters will just have to bypass the public draw and buy a UW landowner tag. Stupid.

Just for conversation: Whether a right or privilege, The 5th amendment of the Constitution specifically states that rights (life, liberty and property) CAN be taken away given due process. Otherwise there would be no prisons or the death penalty. Felons also cant vote, hunting would be no exception.

Federal law does prohibit felons (and even certain misdemeanors) from owning a firearm. However the Firearm Owners Protection Act gave the states certain powers to restore felons right to own a firearm and each state is different. NM simply has a 10 year period.

From: cantgetdrawn
22-Jan-15

cantgetdrawn's Link
Today I came across an relevant example on social media. If what is said on the site is true, I do not believe the punishment fits the crime and should be considered a misdemeanor.

The problem is that the law does not distinguish between the severity of the felony. Even within the same degree of felony I think most people would agree some crimes are worse than others. One could think of a 100 hypothetical situations of a 21 year old committing a minor crime which classifies as a felony and being haunted by it for years.

I had a friend who used to be a parole officer in ABQ, who testified in favor of two different people to have felonies expunged so they could hunt. I know one was successful I don't know the outcome of the other.

All that said it seems to me our legislators should be focused on more important issues in the brief time they will be in session.

From: HDE
22-Jan-15
"The 5th amendment of the Constitution specifically states that rights (life, liberty and property) CAN be taken away"

The key to this is the due process part. Gov't can't just "do it".

The Firearms Owners Protection Act also prohibits a federal gov't from creating a mandatory national firearm registry.

cantgetdrawn - that is true, there are different degrees of felonies and their are different circumstances within that felony. I know a guy who was doing some work on the Southern Ute Indian Reservation (SUIT) in southern CO and didn't have a current work permit (yes, some reservations make you buy a work and trespass permit to enter tribal lands for any reason if you are not a member of that tribe - a racket if you ask me. Anyway) a SUIT cop stopped him and held him. That would have been a 4th degree felony, basically, trespassing on gov't property. The guy was a clean cut honest person, his place of employment fell on its responsibilities. Long story short, charges were dropped. So, you never know. Would have sucked to never be able to own or hunt with a firearm again because of a stupid petty thing like that.

From: raceguy
22-Jan-15
After reading the bill I've come to the conclusion that this bill is so bad I doubt the first committee will get around to hearing it. The sponsor wrote it knowing it will die.

It's probably an "I tried" for a buddy bill.

"AN ACT RELATING TO HUNTING; ENACTING A NEW SECTION OF CHAPTER 17, ARTICLE 3 NMSA 1978 TO RESTRICT HUNTING DRAWS, EXCEPT FOR BOW HUNTING, TO NON-FELONS."

Anyone see the problem with that wording?

From: jamaro@home
22-Jan-15
I have been chasing this down today and it looks like a ton of people are asking for it to die... As you can imagine Game and Fish is against this because of all the resources that it would take to make this happen... I was also told that they would need access to a database, that they would need "probable cause to search and nobody is sure of the legal ramifications of that"

PS--- That was a goofy sentence above but you get the point...

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