NFOA MEMBERS FORUM
General Categories => Laws and Legislation => Topic started by: ARTEDNA on April 18, 2012, 11:14:01 AM
-
I have a question about nebraska hunting laws that govern a felon hunting with a muzzle loader/and or crossbow. ATF does not classify a muzzle loader as a fire arm unless you change barrel and use it for smokless powder this will not be the case-have went thru hunting regs. till I am blue in the face and cannot find anything-went the the nebr. reg site and looked and found everything else but what I wanted!. any help on this question is needed.
Thanks ART
-
Speaking generally, hunting regulations do not pertain to firearms ownership. Methods of take ... yes, but not ownership.
Have you checked with the State Patrol?
-
I am not sure it is legal to hunt felons, although your might be on to something there......
-
I am not sure it is legal to hunt felons, although your might be on to something there......
Pretty sure that passed along with the mountain lion hunting proposal. Much easier to identify a mountain lion than it is a felon, though.
-
Art:
Please check with legal counsel, prior to the felon purchasing the muzzle loader or the crossbow. They will need to check the criminal law, not the game law.
"Nebraska State Statute 28-1201 (1) Firearm means any weapon which is designed to or may readily be converted to expel any projectile by the action of an explosive or frame or receiver of any such weapon".
I am sure a weapon using black powder will meet that definition.
"Nebraska State Statute 28-1206 (b) Possession of a deadly weapon which is a firearm by a prohibited person is a Class ID Felony for the first offense and a Class IB for a second or subsequent offense."
As far as the crossbow goes, in Nebraska it is defined as a deadly weapon.
"Nebraska State Statute 28-109 Deadly weapon shall mean any firearm, knife, bludgeon, or other device, instrument, material, or substance whether animate or inanimate, which in the manner it is used or intended to be used is capable of producing death or serious bodily injury."
I think someone would say that a crossbow is capable of producing death or serious bodily injury.
"Nebraska State Statute 28-1206 (3)(a) Possession of a deadly weapon which is not a firearm by a prohibited person is a Class III felony."
Please have that person check with legal counsel since they can be sentenced from 5 to 15 years for Felon in Possession.