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Can a Felon Own a Crossbow?

Ideally, hobbies are regular activities which we normally engage in for enjoyment purposes especially during our leisure time, and felons are not an exemption for this since they also have hobbies, and at times these hobbies involve bow hunting. Right after incarceration, many felons desire to return to doing what once made them happy, but this raises a very controversial question; can a felon own a crossbow? To this end, this question will form the basis of this article as we will try to help felons understand to what extent does the law allow them to own as well use a crossbow. In the same manner, this article will also focus on exploring whether a crossbow is considered as a firearm, the federal ban on guns, the restrictions on hunting with a crossbow for the felons, state laws, and felon crossbow ownership as well a constructive possession of a crossbow.

Is A Crossbow Considered as a Firearm?

Ideally, if you want a quick answer to this question then the answer is No, a crossbow is not considered a firearm and for that felons are allowed to own one. Nonetheless, when we get to the nitty gritties on whether a crossbow is considered to be a firearm, then there is a need to understand the difference between a crossbow and a firearm. From a legal perspective, a crossbow is a form of the bow in which the bow-stave is fixed crosswise to a stock, and it specifically shoots arrows which are referred to as bolts; however, the controversy arises since the definition of a bow does not match that of a firearm. Legally, a firearm can be viewed to as any weapon inclusive of a gun or rifle which is normally designed to be readily converted to propel a projectile in the form of a bullet through a barrel by the action of an explosive or any other device convertible to that use. Similarly, a firearm can also be viewed as any device or rather weapon that utilizes extremely fast expanding gases to expel a projectile. Affirmatively, it’s quite apparent that what makes a firearm different from a crossbow is the fact that it uses extremely fast expanding gases to expel a projectile (bullets) while for the crossbow you need to mechanically fling it without the aid of extremely fast expanding gases to expel the arrows.

Notably, from the above definitions of a firearm and a crossbow, it’s quite apparent that a crossbow does not qualify to be a firearm and for that it cannot legally be viewed as a firearm. With that said, this means that a felon can own a crossbow and this is good news to those felons who practice hunting as a hobby. If a felon is in a position to obtain a hunting license in their respective states, then there should be no issue at all of using a crossbow for the purpose of hunting; that is as long as proper permits as well tags are acquired and the hunting season is open.

Federal Ban on Guns

Historically, efforts of creating restrictions on firearms at the federal government level began to intensify in 1989, and since then, the federal ban on guns has been undergoing more modification as well adjustments. In the same manner, the United States Federal Law prohibits felons from either purchasing as well owning a firearm; however, there are certain provisions in both the federal and the state law that the felon’s gun rights can be reinstated.

According to the United States Department of Justice, the 1968 Gun Control Act prohibited any convicted felon as well as anyone subjected to any type of domestic violence from possessing a firearm and these provisions impact the law enforcement in three major ways:

i. In assisting in preventing those individuals who have demonstrated a capability for domestic violence from obtaining firearms.

ii. In assisting the law enforcement through providing them with a tool for the removal of firearms from specific explosive domestic situations and thus reducing the possibilities of deadly violence.

iii. Lastly, it serves as a federal prosecution tool within certain situations where alternatives have failed.

To this end its rather apparent that anyone who has been convicted with a felony even those which did not involve violence is banned from possessing firearms and it remains in effect even to date. Nonetheless, there are several specific statutory provisions which state that the federal firearm prohibition by a felon does not apply to felons who have had their civil rights restored by the court where the felony conviction occurred. On the same, the state law determines the restoration of civil rights for the state conviction and not the federal law. Ideally, every state has its own process through which a felon can be restored their civil rights.

Restrictions on Hunting with a Crossbow

Generally, states differ somewhat in the rules as well regulations when it comes to hunting with crossbows and especially if it involves felons. Nonetheless, most states allow felons to hunt using crossbows apart from Oregon were hunting with a crossbow is completely prohibited even for those individuals without a convicted felon. Other states will allow crossbow hunting for felons only with a permitted license, tags, and when the hunting season is open. Similarly, other states may require a felon or even any other person without a felon to have a disability so as to use a crossbow during the hunting season; therefore, to this end its rather apparent that restrictions around hunting with a crossbow for felons differ from one state to another.

State Laws and Felon Crossbow Ownership

Affirmatively, federal law does not touch on crossbow ownership by felons as much as the state law does, and for that it’s highly advisable to check with your local state authority or even your parole officer if you need any clarification when it comes to your ability as a felon to possess or rather own a crossbow. In the same manner, state laws on the ownership of a crossbow for a felon vary from one state to the other and thus, there is need to consult before you own a crossbow to avoid more felons. Its also important to note that some states have more restrictive laws even more strict than the overall federal laws and for that, this calls for an informative consultation.

Additionally, apart from familiarizing yourself with the state law on crossbow ownership as a felon, it’s also advisable to familiarize yourself with the hunting state laws of the state you are planning on practicing your hunting skills since they also differ from one state to another. At times the federal law might permit felons to own crossbows for hunting purposes but the state law of a specific state might not, for instance, the federal law considers ownership of a crossbow for felons as legal. Thus, some felons might hunt using crossbow under the federal law but they might not under the state law and for that its important as a felon you familiarize yourself with the two. On the same, the acquisition process of a crossbow differs from one state to the other and so does the exemptions, to this effect; consult with your parole officer or state local authority to avoid been sorry.

Constructive Possession

Many are the times when terms such as ‘constructive possession’ are much applicable in the circumstances such like this, and ultimately, constructive possession can be alluded as the control over certain property or object as in this case a crossbow without having actual possession or custody of that object. Constructive possession of a crossbow by a felon might occur in quite a number of ways; for instance, in a case where a felon accesses a crossbow without authorization, or when hunting in the midst of friends and then you are handed a crossbow. It might also happen in the case where a crossbow is left unattended near a felon as they stroll around and then they access it within that time-frame. All these are examples of instances when a felon can have an opportunity to constructive possession of a crossbow.

All this time that a felon accesses the crossbow constructively, the actual owner has no knowledge of it, or they do but assume it’s fine and acceptable or maybe it doesn’t seem like a big deal. Nonetheless, constructive possession is not worth your risk since if you are caught in possession of a crossbow by a law enforcement officer or even your parole officer then the law will take its cause and you will be vulnerable to another felony since your civil rights have not yet been restored. Do not put yourself at risk, serve your time and reacquire your civil rights and after which you will be in a position to enjoy your hunting hobby without the fear of committing another felony.

Conclusion

To this end, it’s clear that right after incarceration, many felons desire to return to doing what once made them happy, but this raises a very controversial question; can a felon own a crossbow? This article has demonstrated all the possible alternatives that a felon has so as to be in a position to own as well use their crossbow. Nonetheless, consult with your state local authority or your parole officer on what options you have as a felon since these laws and restriction of owning and using a crossbow vary from one state to another and thus avoiding been sorry.

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