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J.Hazelbaker
J.Hazelbaker, Lawyer
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Experience:  Extensive training and experience in criminal law matters, both prosecuting and defending.
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Is it legal to hunt deer with a Muzzle loader during the firearms

Resolved Question:

Is it legal to hunt deer with a Muzzle loader during the firearms season in Indiana if you have had a class D fellony conviction 8 years ago?
Submitted: 3 years ago.
Category: Criminal Law
Expert:  J.Hazelbaker replied 3 years ago.

J.Hazelbaker :

Hello. Thank you for using JustAnswer.

J.Hazelbaker :

Your question is answered by looking at both federal and Indiana state law.

J.Hazelbaker :

Under federal law, a black powder firearm or a muzzleloader is consider an "antique firearm" and is excluded from the general felony firearms restriction.

J.Hazelbaker :

However, it must only be a black powder or muzzleloader. It can't be a convertible firearm (e.g. Mossberg's 500).

J.Hazelbaker :

Under Indiana law, you can possess a black powder/muzzleloader so long as your conviction is not one from a list of crimes.

J.Hazelbaker :

Here is the statute with the list:

J.Hazelbaker :

IC 35-47-4-5
Unlawful possession of firearm by serious
violent felon
Sec. 5. (a) As used in this section, "serious violent felon" means a person who has been convicted of:
(1) committing a serious violent felony in:
(A) Indiana; or
(B) any other jurisdiction in which the elements of the crime for which the conviction was entered are substantially similar to the elements of a serious violent felony; or
(2) attempting to commit or conspiring to commit a serious violent felony in:




(A) Indiana as provided under IC 35-41-5-1 or IC 35-41-5-2; or
(B) any other jurisdiction in which the elements of the crime for which the conviction was entered are substantially similar to the elements of attempting to commit or conspiring to commit a serious violent felony.
(b) As used in this section, "serious violent felony" means:
(1) murder (
IC 35-42-1-1);
(2)
voluntary manslaughter (IC 35-42-1-3);
(3) reckless homicide not committed by means of a vehicle (IC 35-42-1-5);
(4) battery as a:
(A) Class A felony (
IC 35-42-2-1(a)(5));
(B) Class B felony (
IC 35-42-2-1(a)(4)); or
(C) Class C felony (
IC 35-42-2-1(a)(3));
(5) aggravated battery (
IC 35-42-2-1.5);
(6)
kidnapping (IC 35-42-3-2);
(7)
criminal confinement (IC 35-42-3-3);
(8)
rape (IC 35-42-4-1);
(9) criminal deviate conduct (
IC 35-42-4-2);
(10) child molesting (
IC 35-42-4-3);
(11) sexual battery as a Class C felony (
IC 35-42-4-8);
(12)
robbery (IC 35-42-5-1);
(13) carjacking (
IC 35-42-5-2);
(14) arson as a Class A felony or Class B felony (IC 35-43-1-1(a));
(15) burglary as a Class A felony or Class B felony (IC 35-43-2-1);
(16) assisting a criminal as a Class C felony (
IC 35-44-3-2);
(17) resisting law enforcement as a Class B felony or Class C felony (
IC 35-44-3-3);
(18) escape as a Class B felony or Class C felony (IC 35-44-3-5);
(19) trafficking with an inmate as a Class C felony (IC 35-44-3-9);
(20) criminal gang intimidation (
IC 35-45-9-4);
(21) stalking as a Class B felony or Class C felony (IC 35-45-10-5);
(22) incest (
IC 35-46-1-3);
(23) dealing in or manufacturing cocaine or a narcotic
drug (IC 35-48-4-1);
(24) dealing in methamphetamine (IC 35-48-4-1.1);
(25) dealing in a schedule I, II, or III controlled substance (IC 35-48-4-2);
(26) dealing in a schedule IV controlled substance (IC 35-48-4-3); or
(27) dealing in a schedule V controlled substance (IC 35-48-4-4).
(c) A serious violent felon who knowingly or intentionally possesses a firearm commits unlawful possession of a firearm by a
serious violent felon, a Class B felony.

J.Hazelbaker :

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J.Hazelbaker, Lawyer
Category: Criminal Law
Satisfied Customers: 4385
Experience: Extensive training and experience in criminal law matters, both prosecuting and defending.
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