Can felons in Wisconsin hunt with airguns?

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Dartonace1990

Dartonace1990

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Jul 27, 2020
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WI
My name is Rick. Im a life long hunter and have been a serious bow hunter for the past 8 years. I made a series of poor decisions as a very young man (18) and lost my privilege to hunt with guns. Until 2005 a felon was legally able to hunt with a muzzle loader, but that law was changed to include nuzzle loaders as firearms because of the modern ammo they use.

I have three sons, my oldest is turning 5 and I wanted to give him an air rifle for his birthday and get one myself and target shoot with him. Eventually, I hope that will transition into small game hunting.

Now I know I, as a felon, can legally hunt with and possess a .177 springer or break barrel air gun. But I have doubt about the ability of these types of air guns to cleanly and efficiently take small game and I do not want to waste $9 arrows shooting with my compound. So I am hoping some one on this forum can help me in figuring out if I can hunt with my son with an air rifle powered by a compressed gas tank so I can continue a long family tradition of small game huntinf and consuming. Any info any one would have would be more than helpful. Thank you im advance.

I must state that I am not asking so that I can use any response as a basis for action.... simpyl tonsee if anyone knew anything it. 
 
You will have to go to your states laws regarding weapons, Some state laws say no weapons that shoot a PROJECTILE this covers or could cover everything from a firearm to a slingshot, Eighteen is legal adult age but if it has been many years ago and you have not been in any trouble you might be able to get it expunged, But it will cost you.
 
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The law states that a felon can't possess a fire arm and a air gun is not a firearm rather if its a .177 or a .50 big bore or a crossbow and of course you can't be on probation or anything like that ....if that was the case you would have to have a federal background check to purchase one ....now the laws might change in the future and you would be in violation of federal law so I would just look into getting your felony expunged or apply for a pardon with the governor of your state it is gonna cost you and if 10 years past with no arrests you should get your gun rights back with no problem....
 
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Suggest you consult with an attorney, but it appears that an air gun is a "dangerous weapon" in Wisconsin, not a firearm. The question is can a felon possess a dangerous weapon in Wisconsin. This requires legal interpretation.

'The Court of Appeals of Wisconsin defined "firearm" for the possession of firearm by felon statute (Wisconsin Statute 941.29(2)) to mean a weapon that acts by force of gun powder to fire a projectile, irrespective of whether it is inoperable due to disassembly.'

'Under Wisconsin laws, a pellet gun, or an air gun, is not a firearm; however, all guns, regardless of their propulsion material, CAN and ARE considered dangerous weapons if used in a manner that the gun can or does produce great bodily harm or death.'

'A dangerous weapon includes a gun, a pellet gun, whether loaded or unloaded, locked or unlocked, and whether or not the weapon is capable of firing whenever the item is used in a manner consistent with having the potential of causing great bodily harm or death. The legal definition of a 'dangerous weapon' is any item fashioned in a manner and capable of causing great bodily harm or death. A gun is a deadly weapon per se, which means, in short, that it is a deadly weapon regardless of any other fact.'
 
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Wouldn't it be better to consult an attorney in your state, rather than rely on the advice/guesses on a public forum? Not bashing any previous answers but the best thing would be to make sure of the answer you're seeking.
Click to expand...

+1 Do not rely on info from this thread to make that decision. Consult a local “criminal” defense attorney or district attorney 
 
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As Calberry and legionair stated, do not rely on answers from this thread as the final authority. Do your own due diligence. With that being said, you will find there are two avenues of research you must do. First, does it violate federal law? Second, does it violate state law in Wisconsin, or whatever state you are going to hunt in? As to federal law, you will find that airguns and muzzle loader guns are not currently prohibited to be possessed by convicted felons. Obviously that may change in the future. I have no idea what the law in Wisconsin says. Here in North Carolina, the laws are the same as federal law. Even if you contact a local attorney, his/her word alone isn't enough. Ask for specific statutes that address the issue. Here is one thing to remember: Most of the time the law will state what you cannot do, rather than what you can do. In other words, it must state that you cannot own/use/hunt with an air rifle. So, find out what the law says you cannot do, then be very careful and look up the legal definition of the terms used. If "rifle" in your state means any weapon that pushes a projectile out of a rifled barrel, without specifying the propellent used, then an air rifle could easily meet that definition. I wish you well in your endeavor, and I hope it turns out in your favor.

James
 
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Here is a link to get you started. You seem certain you can hunt with a springer. I have never heard of a state making a distinction between a springer and other types of airguns, but there is always a first time. I would check the state's definition of a firearm and make sure no airguns of any type have been included. Michigan used to define certain types of air pistols as firearms until that law was changed.

I don't understand how the inclusion of airguns in the definition of a "dangerous weapon" applies, but maybe it does. Are felons prohibited from possessing any type of dangerous weapon?

In any case, check out the information on the link, then maybe give the lawer a call to get clarification on any questions you might have. Although I'm sure that will cost you a couple hundred.

https://www.attorneymikerudolph.com/wisconsin-felon-in-possession-firearm.html

And good luck! Be sure to come back when you have a better idea of what type of airgun you might want to purchase. I guarantee you will be flooded with suggestions from the crew here!
 
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Thank you for the link and the information. I came across the same thing looking into this issue. The purpose of the post I spose was to see if any one else had any other information that wasnt included in the link you sent me.

Additionally, I wasnt aware there were even different types of airguns, other than springer or compressed gas with a tank models. Unless you are referring to caliber, in which case I am aware of .177, .22, .25, .45 and .50 caliber. I believe I have heard of a .30 and .32 caliber version, but cant be certain. Either way, thank you for the assist.
 
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A good reason NOT to call your local sherrifs office is because they might not actually know. And if enough former felons start asking then they'll come up with a reason why it should be illegal for you to own an air rifle. Next thing you know..... that's going to be the new law.

It's already bad enough that airgun enthusiast's have pushed the limits to large caliber repeaters that are actually capable of killing people. Trust me, airgun legislation won't be too far ahead. And the more you talk openly about it, and the more you inquire about it to official elected people....the sooner it will come.
 
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davidsng,

In Wisconsin where I live, purchase of any hunting license does not prove or show an intent to possess a firearm. It is simply considered as a charitable contribution to the DNR, nothing more or less. Which is pretty cool actually. It puts more money in the pot for funding to be used on land and resources conservation projects. I buy a license to gun hunt almost every year for that reason. 
 
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