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Thread: alaska hunting laws for felons

  1. #1
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    Default alaska hunting laws for felons

    I would like toknow what the laws are here in alaska for a person how has a felony. Being rifle hunting and a friend of mine told me this the best place to get advise. can you us a long rifle or not.

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    Member ret25yo's Avatar
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    It is unlawful for a person convicted of a felony or adjudicated a delinquent minor for conduct that would constitute a felony if committed by an adult to possess a "firearm capable of being concealed on his person" unless a period of 10 years or more has elapsed between the date of the person's unconditional discharge on the prior offense or adjudication of juvenile delinquency.

    http://crime.about.com/od/gunlawsbys...gunlaws_ak.htm

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    This from F&Gs website.

    In Alaska, hunters may generally possess and use firearms with few restrictions. State law prohibits the following firearms:

    1. Fully automatic firearms
    2. Rifles with a barrel length less than 16 inches
    3. Shotguns with a barrel length under 18 inches, and
    4. Rifles or shotguns under 26 inches in total length.

    Handguns are allowed to be carried concealed in Alaska by anyone 21 or older, other than convicted felons, without obtaining a special permit. This includes a person who is actually engaged in lawful hunting, trapping, fishing or other lawful outdoor activity that “necessarily involves the carrying of a weapon for personal protection.” This statutory exemption recognizes the necessity for protecting firearms from rain or extreme cold. Firearms carried in vehicles must either be in plain sight or, if concealed, out of reach of vehicle occupants. As a matter of safety, firearms being transported to or from the field must always be unloaded.

    That is all I could find, will dig deeper into this and make a few calls in the morning. I have a friend that has the same issue and wants to come hunt with me.

    The way I read it you can hunt with a rifle but not any gun that can be concealed. This is how I read it, but please due your own research because to be wrong would be costly, in more ways than one.

    http://wildlife.alaska.gov/index.cfm?adfg=info.faqs
    Steve
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    Supporting Member Amigo Will's Avatar
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    I believe Alaska is the only state that a felon is able to hunt and carry a long gun in the bush.It might under subsistance hunting rules.

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    I don't think a felon can own a firearm (except maybe a muzzleloader), even here, without breaking several laws...

    This forum is not the place to get advice on that type of thing. Best to contact the authorities.

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    ahhhh, yes....the old argument "Fed laws -V- State laws"

    Felons with Rifles, 1/4 lb of marijuanain personal possession, universal Conceled Carry, Mandatory LEO sign off for class3 requests, The Subsistance Managment fight, are we like the last of the Confederacy?
    Gotta love Alaska...
    ~LOL!~

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    As a matter of safety, firearms being transported to or from the field must always be unloaded.
    HMMM I wonder if this is a recomendation or a requirement.

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    Supporting Member Amigo Will's Avatar
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    A muzzle loader is not a firearm thats regulated in any way by the feds. I'll bet a dollar to a donut that Ted Stevens still has his guns and will hunt when he wants.

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    Member Vince's Avatar
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    Alaska, follows the fed guide lines and allows the use of long guns not hand guns for people with a felony. however there are those felons that are not allowed to posses at all under any law and they know who they are.... .. depends on your wrong doing. there is an out fit here in Fairbanks that does a lot of education on it.. i will get the number .. Nash.... is the name i am thinking of always on the radio..
    "If you are on a continuous search to be offended, you will always find what you are looking for; even when it isn't there."

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    As I understand it, it is a violation of federal law for anyone convicted of a felony to be in possession of a firearm, for any reason. You may petition the Bureau of ATF for the right to possess longarms and shotguns, but only after 10 years after completion of parole or probation. I'm not sure the time frame, but I'm certain that unless you successfully petition the ATF you will be committing a federal offense by possessing any firearm. You can never legally own or possess a pistol again. If you cannot buy a gun from firearms dealer, you probably shouldnt be in possession of one.

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    Member danjordan78's Avatar
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    Default Joe Nava

    I think the radio person you are thinking of in Fairbanks is Joe Nava. He does Shooter's Corner on AM and teaches a LOT of firearms education classes around the state. Number is in the phone book. He is a wealth of information.

    Still... I agree with what someone said before. This is not the place to find these kind of answers. Find the proper authorities and ask them. No sense in getting in trouble because of false information.
    Dan

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    Supporting Member Amigo Will's Avatar
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    I would think some of those proper authorities post here. Of course with all the differences in what the proper authorities have told folks about red dots in their scope we may never know anything for sure untill the proper state wording is shown.

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    Default Horses Mouth

    For the correct answer, call the Anchorage office of FBI or ATF. They will give you the answer. Fed law supercedes state law on this one I believe. I have called them before for answers, they'll return a call.

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    Member BAR300's Avatar
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    Default laws

    Most of these posts have been correct. Felons cannot by state law possess or control handguns or weapons capable of being concealed, until 10 years after unconditional discharge, (that means they get off probation). If on probation they are by probation and parole condition required not to possess any firearm including rifles and shotguns. The day they get off supervision they by State law may posess rifles and shotguns again.

    Federal Law is simple, no felon may possess any firearm, blasting agent, explosive, etc ever again, unless they write to ATF and request consideration on this.

    Used to be that the Feds didn't really care about rifles and shotguns (in my opinion) then two things happened, 1) 9/11 and 2) the idiot shot the hole in the pipeline.

    Best for felons to hunt with a bow and arrow. makes them better hunters anyhow.

  15. #15

    Red face I know around here

    they run the hunting license names and numbers and the felon names and numbers quite often. There's always a few that match both lists and they get a visit.

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    Member jeff p's Avatar
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    Default felons in poss

    Quote Originally Posted by 257wby View Post
    they run the hunting license names and numbers and the felon names and numbers quite often. There's always a few that match both lists and they get a visit.
    Just curious, where is here?

    I ask because many states only issue a tag & the hunter can use the weapon of choice. Why would leo spend time hunting down what they are using if it is a non issue when the hunter uses archery or blackpowder.

    In most cases state law will preclude fed law on this issue. In other words if the state has FULLY restored firearm rights then they are considered gtg on the fed level as well. If the state restricts your firearm rights in ANY way then you are subject to fed prosecution.

    You cant petition the ATF any longer for a restoration of rights as congress no longer appropriates any funds for that purpose, effectivly shutting that avenue down.

    Our firearm rights are spelled out in the THE GUN CONTROL ACT OF 1968. It does not regulate black powder though & a felon can use them. A loophole if you will I guess.

    hope it helps

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    Member jeff p's Avatar
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    Default More

    Here is some info I found as well

    Under federal law, convicted felons and certain other people cannot possess or distribute firearms. But they may apply to the Bureau of Alcohol, Tobacco and Firearms (BATF) for relief from the disabilities imposed by federal law. BATF may restore an applicant's gun privileges if (1) it does not deem the applicant “dangerous to public safety” and (2) restoration is not “contrary to the public interest. ”

    Under the law, an applicant whose request is denied may seek judicial review in federal court. But since 1992, Congress, in its annual appropriations, has explicitly barred BATF from expending funds to investigate or act on applications by individuals. Consequently, BATF has not been processing applications. In Bean, the U. S. Supreme Court sided with BATF, holding that the bureau's inaction on applications does not constitute a “denial” under the law, in light of the congressional ban on expenditures. Thus, applicants cannot go to federal court to seek judicial review to regain their firearm privileges.

    For purposes of the Gun Control Act, a person is not considered convicted in certain instances (e. g. , if he or she has been pardoned or had his or her civil rights restored). As an alternative to the above BATF process, a person convicted of a federal offense may apply for a presidential pardon. A person convicted of a state offense may apply to appropriate state officials for a pardon or civil rights restoration.


    This is a link to the whole article http://www.cga.ct.gov/2008/rpt/2008-R-0617.htm

  18. #18

    Default Not sure

    I don't know about the hunting laws aplied by the state or feds. I do know that it violates Federal law to purchase or provide a firearm to a person who cannot legaelly purshase one for themselves. It's called a "Straw Man Purchase" to provide a firearm to someone you know can't legeally buy one for themselves;Even if you just lend it to that person, knowing that they can't leagally buy a firearm.
    Even if you are just under a TRO and not convicted of any crime,you can't purchase a firearm;OR were convicted of a misdeameanor "Domestic Violence" charge you can't purchase a firearm.
    " Americans will never need the 2nd Amendment, until the government tries to take it away."

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    so in his case how would he go about getting his civil rights restored? I did alot of research on this for my buddy and everything led back to a presidentual pardon, but unless you contributed thousands of dollars to obama's campain and have some senators to back you good luck on that one. I never did look in to getting his civil rights restored I will have to make him aware of that one.

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    Default Federal Law

    A convicted felon can not even posse ammo let alone a gun. Here is the exception to that law though. On the federal side for it to take effect the gun or ammo has to have crossed state lines at one time. So if there is a gun maker in the state then you could buy a weapon from them and load your own ammo and be totally legal on the federal aspect of it. I do know this to be a fact and can look it up if you need me to. I was a police officer for 15yrs and have researched the subject for prosecution and for a friend that had a felon DUI conviction. The black powder route is also available. I would try to get it expundged in the state I got the felony and ask that they restore my gun rights written in the court order. I would then carry that document with when ever I had a gun for the rest of my life b/c it probably won't show up on a NCIC check ever. It would suck spending a weekend in jail while they checked your story.

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