How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask Ray Your Own Question
Ray
Ray, Lawyer
Category: Legal
Satisfied Customers: 37016
Experience:  30 years in civil, probate, real estate, elder law
8534270
Type Your Legal Question Here...
Ray is online now
A new question is answered every 9 seconds

Please confirm that subsection I states tha I as a felon

Customer Question

please confirm that subsection I states tha I as a felon over 20 years of conviction can legally possess a weapon(bow) per the statute. Obviosly I cannot ever carry a firearm due to federal legislation but a bow does not fall into the definition of a firearm per federal code. 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
JA: Thanks. Can you give me any more details about your issue?
Customer: I had a drug possession conviction class 1 felony at 18 years old. Never in trouble again and I am a CPA. In Colorado.
JA: OK got it. Last thing — Lawyers generally expect a deposit of about $36 to help with your type of question (you only pay if satisfied). Now I'm going to take you to a page to place a secure deposit with JustAnswer. Don't worry, this chat is saved. After that, we will finish helping you.
Submitted: 9 months ago.
Category: Legal
Expert:  Ray replied 9 months ago.

Thanks for your question and welcome to JA. Ray here to help you today.

.I 'm sorry but the answer is no.In Colorado, bows are considered weapons. Felons cannot possess or use guns or bows. This fact was reaffirmed to me by a local DOW officer just a couple weeks ago.

You would have to apply for and receive a pardon here to be able to own a bow.apparently they don't enforce this very well.Here's interesting article.

http://www.denverpost.com/ci_22421832/felons-set-sights-hunting-colorado

Obviously this is not being enforced here in Colorado, you decide if you want to take your chances.Honestly odds of being caught are really slim as per the article.

Thanks again.

Expert:  Ray replied 9 months ago.

More Reference

I have a non violent felony conviction from another state. Can I hunt in Colorado?

The statute regulating possession of weapons by previous offenders is found in Title 18, the criminal code and is not part of Title 33, the wildlife code. C.R.S. 18-12-108(1) states - "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." In addition, the guideline from the Colorado Attorney General's Office is that a bow and arrow (compound, crossbow, etc.) is an "other weapon that is subject to the provisions of this article" and therefore unlawful. In conclusion, it is not unlawful for a convicted felon to purchase a hunting license in Colorado but that person cannot exercise the benefits of that license due to the restrictions placed on them in the statutes.

http://thecoloradohunter.com/faqs#antitrust

NOTE. An Attorney General Opinion is a formal and published interpretation of existing law. At the current time, one does not exist on this issue, just a "Guideline." From a practical standpoint, this distinction is probably irrelevant.

Expert:  Ray replied 9 months ago.

If you have a hunting license here is highly unlikely anyone cares.The AG as you can see above issued not an opinion but an "interpretation" on this issue.You make the call here about whether to go on and do so.

Customer: replied 9 months ago.
I provided the statute that specifically provides an exemption to the rule of owenership per subsection I to the provision which clearly states the after 10 years a person with a felony can possess a weapon if no incarcerated. how am I reading that incorrectly?
Expert:  Ray replied 9 months ago.

The Colorado AG here in their infinite wisdom--don't shoot the messenger here stated that that a bow and arrow (compound, crossbow, etc.) is an "other weapon that is subject to the provisions of this article" and therefore unlawful. In conclusion, it is not unlawful for a convicted felon to purchase a hunting license in Colorado but that person cannot exercise the benefits of that license due to the restrictions placed on them in the statutes.

They state that this falls under 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.

I agree with you that if you are past the 10 years you should be ok.In your case it should not be a problem assuming you get the hunting liceense and its been ten years here.Thanks for letting me clear that up.After 10 years law no longer forbids with hunting license.

Expert:  Ray replied 9 months ago.

Again sorry if there was confusion , you are correct after 10 years just get the hunting license.Good hunting to you and thanks again for your patience.

Expert:  Ray replied 9 months ago.

If you can positive rate when we are done it is always much appreciated.Good hunting here.