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Zoey_ JD
Zoey_ JD, JustAnswer Criminal Law Mentor
Category: Criminal Law
Satisfied Customers: 26013
Experience:  Admitted to NYS Criminal defense bar in 1989. Extensive arraignment, hearing, trial experience.
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Is a air rifle (pellet gun) or a bow and arrow considered a

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Is a air rifle (pellet gun) or a bow and arrow considered a firearm. Could a convicted felon of a non-violent class C own either of these? Also could someone living with a felon which is a non-felon process a firearm if kept under lock and key.
Submitted: 5 years ago.
Category: Criminal Law
Expert:  Zoey_ JD replied 5 years ago.
Hello Jacustomer,

A felon can have no access whatsoever to a firearm. That means that if the felon is living with someone who still has gun rights, that person's gun rights are going to be severely restricted because he/she lives with you. He/she would not be able to carry the weapon when you are together. It could not be in the car when you are riding in it. It must be kept under lock and key somewhere you cannot get to it.

If you are on probation/or parole and a weapon is found in the house by your PO on a random check, you could be violated if it's anywhere around you.

Generally, a felon can hunt with a regular bow and arrow in most states. In some states, a pellet gun would qualify as a firearm. It all depends upon the state's definition of a firearm. If you use the reply box below and tell me what state you're in I can be more specific as to that part of your question.
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Customer: replied 5 years ago.
Thanks for the information you have provided.I live in Missouri, so can I hunt with a Bow an Arrow. Also is a pellet gun considered a firearm. If a firearm is in a gun safe and I don't know the combination, can it be on my property?
Customer: replied 5 years ago.
Thanks for the information you have provided.I live in Missouri, so can I hunt with a Bow an Arrow. Also is a pellet gun considered a firearm. If a firearm is in a gun safe and I don't know the combination, can it be on my property?
Expert:  Zoey_ JD replied 5 years ago.
Hi,

The safest way to make sure that you can't be in trouble as a felon in possession of a firearm is to keep them out of your house and car. Anything else is not 100% safe. If you live alone, safe or no safe, there should be no gun in your house.

If you've got a spouse or adult child who still has gun rights, if it's in a gun safe, and you don't have easy access to its location within the house and you don't know the combination, then it should be okay. BUT, a lot will depend on the circumstances under which the gun is discovered by law enforcement. You can bet that if there's a domestic violence call to the home, for example, the gun will be confiscated and if it's determined that you could have had access to it, you could be charged.

A felon may not knowingly possess a firearm. See link. The state of Missouri defines a firearm in the beginning of chapter 571 of Mo Revised Stats as any "weapon that is designed or adapted to expel a projectile by the action of an explosive" So if it uses an explosive to eject and propel the pellets it would be a firearm. If its an air gun, it is not a firearm and would be lawful for a felon to possess and use in Missouri.
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