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Is it legal to hunt deer with a Muzzle loader during the firearms

season in Indiana if you...
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?
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Answered in 21 minutes by:
11/17/2010
J.Hazelbaker
J.Hazelbaker, Lawyer
Category: Criminal Law
Satisfied Customers: 4,385
Experience: Extensive training and experience in criminal law matters, both prosecuting and defending.
Verified

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 :

Please let me know what follow-up questions you have. If my above responses have been helpful, please click Accept so that I get credit for the time/effort. You may always restart the thread and ask follow-up questions at any time by clicking the “Reply” button at the bottom of the question/answer thread. You can access this thread later in your profile under the “My Questions” tab.








































J.Hazelbaker
J.Hazelbaker, Lawyer
Category: Criminal Law
Satisfied Customers: 4,385
Experience: Extensive training and experience in criminal law matters, both prosecuting and defending.
Verified
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J.Hazelbaker
J.Hazelbaker, Lawyer
Category: Criminal Law
Satisfied Customers: 4,385
4,385 Satisfied Customers
Experience: Extensive training and experience in criminal law matters, both prosecuting and defending.

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The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

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