January 24, 2011

Can a Felon Hunt with a Muzzle-loading Gun in Colorado?

 Short answer: No.

The question came up in recent conversation whether a someone with a felony conviction in their past who is barred from firearms ownership could still hunt legally in Colorado with a muzzle-loading gun that used black powder.

The argument was that under federal law, such guns are not "firearms" in a prohibited sense.

The short answer is no. And don't ask about archery either.

Colorado Division of Wildlife spokesman Randy Hampton discussed the law as follows:
Colorado State Law was amended in 1994 to prohibit the possession of a firearm or other weapons (pursuant to Colorado Revised Statutes Title 18, Article 12). It was also amended in 2000 to make such possession a class 6 felony instead of a class 1 misdemeanor. The beginning wording of CRS 18-12-108 is,

(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.

CRS 18-1-901(3)(h) adds the following provision that covers muzzleloaders and shotguns: 18-1-901(3)(h) "Firearm" means any handgun, automatic, revolver, pistol, rifle, shotgun, or other instrument or device capable or intended to be capable of discharging bullets, cartridges, or other explosive charges.
In regard to archery, he added,
Because 18-12-108 includes "firearm... OR ANY OTHER WEAPON that is subject to the provisions of this article," it also includes "dangerous" and '"deadly weapons." It is the interpretation of the Attorney General and the Division of Wildlife that bow and arrow are dangerous and deadly weapons, therefore, not allowed for possession of persons convicted of a felony.

I am posting this just in case anyone is searching online for the answer.

UPDATE: Even though the Division of Wildlife has been reorganized into the new Colorado Parks and Wildlife, the law has not changed.

UPDATE 2: The question gets asked a lot: "Felons set sights for hunting in Colorado
More than 300,000 hunting licenses are issued for big game alone in Colorado every year and, of those, an untraceable number go to felons. The occurrence cannot be quantified because hunting licensee information is not public record.

Yet every year, game wardens contact felons in possession of a gun, said Randy Hampton, spokesman for Colorado Parks and Wildlife, which oversees hunting.
Bottom line: A felon can buy a hunting license — but can legally use a firearm to hunt with a gun or a bow.  Or as this article puts it: "Colorado Felons Can Hunt, not Shoot."

There is a legal process for some felons to have gun rights restored.  Scroll down to Section I, part C.
 

4 comments:

Josh Green said...

I had a police officer tel me flat out it was legal for me to own and possess a black powder rifle

Chas Clifton said...

Unfortunately, "bad advice from a cop" might not hold up as a defense in court. Even if he comes and testifies for you. ;)

Anyway, I quoted the law. You can believe the statute, or you can believe some random cop who might not have read it recently. Maybe what was saying could have been translated as, "I personally won't arrest you, but someone else might."

Just a guess.

Unknown said...

Sir am sorry but you should look up what is considered a firearm. You are right about the firearm law, but you are wrong about a muzzleloader made before 1889 . a inline muzzleloader is illegal because it uses a 109 cap.

Chas Clifton said...

Unknown 7:37 a.m.:

You may be thinking about the ATF definition of "Curios & Relics" firearms. That has NOTHING to do with hunting in Colorado, despite what some dude may have told you at a gun show.

Don't believe that guy. Don't listen to some random cop or deputy either — they don't enforce hunting regs.

Do what I did: go to Colorado Parks & Wildlife law enforcement and ask your question.