Poacher Gets Prison & Big Fine

[DudeBro]

The felon doesn't have to cross state lines, just the firearm or ammo. So, unless the firearm and ammo were both manufactuered in the same state where the felon possessed them, "C" is automatically met. Chances are the case just wasn't presented to the feds.

This is 100% correct. Element C is the jurisdictional element for this to be a federal offense; Congress gets its legislative authority for (most) criminal offenses from the commerce clause of the constitution, which requires a nexus between the action and interstate commerce. In most cases (this one included), it’s pro forma but still has to be proven.

Also, I don’t see any 10 year minimum associated with 18 U.S.C. § 922(g). There is a 10 year maximum. (there is a 15 year minimum it the person has 3 or more convictions for felon in possession or certain drug offenses.

 

[mtwarden]

That's a heck of a good pinch, good on the KS wardens!

Those cases are usually very time and manpower intensive, but definitely the cases you want to make.

 

[Opah]

"Poach a Racoon....$5000 fine. Poaching is poaching is poaching"
Poaching is the taking of Game animals while violating any law?
Be a birch, standing there Pissing on a tree after scoring that trophy Buck, get arrested and charged for poaching, fined 5,00.00 and get put on the pedophile list to boot.
Yep Poaching is Poaching

 

[Matt mi]

Was he buying tags as a felon? Don't think you can even purchase a tag in michigan if you are a felon anything that shoots a projectile cant be owned or in the residence where a felon lives

 

[mtwarden]

usually bows are exempt for felons

 

[Outdoor Writer]

Was he buying tags as a felon? Don't think you can even purchase a tag in michigan if you are a felon anything that shoots a projectile cant be owned or in the residence where a felon lives

A snippet from a 2018 article in the Times Herald:

So why are all these felons running around the woods with guns? It’s because the DNR lets them. Unlike some other states, Michigan doesn’t check the criminal backgrounds of people purchasing hunting licenses.

Illogical as it sounds, someone in Michigan who can’t legally possess a firearm can get a license to go hunting with a firearm. If they get caught — dumb violators are good at getting caught — they go to jail.

But Michigan’s computerized license system only knows if a license applicant has violated game and fish regulations. Someone convicted of an offense against game or fish can’t buy a license.

It does not check for other convictions, though. So someone convicted of a felony offense against a person can get a license.

Lansing ought to fix that.

Also, from everything I can find, it appears it's legal for a felon to possess & hunt with a bow or crossbow in MI. Plus, they can get their rights to own & use firearms reinstated with some maneuvering.

 

[Dos Perros]

Felons in Kansas can possess firearms, maybe after a wait period/probation.

 

[mtwarden]

In Montana we would share our license data base with P&P, but like I said above, a felon can possess a bow, so just the simple act of purchasing a license doesn’t give you a case.

 

[DudeBro]

Of note, an “antique firearm” (e.g., muzzleloader) is not considered a firearm for purposes of the Federal ban under 18 U.S.C. 922(g).

 

[Dos Perros]

A felon cannot possess a firearm or ammunition anywhere in the US due to federal law. 18 USC 922(g). Of note, a muzzleloader (aka “antique firearm”) is not considered a firearm for purposes of this ban.

Since this is a federal law, the only way to avoid it would be to get the underlying conviction changed to something less than a felony.

I’m not sure if the details. I just mention because I recently met a felon hunting, and when I asked him how he could have a firearm he told me it was longer than 5 or 10 years since, and that was why he moved to Kansas.

K.S.A. 21-4204(a)(3) is limited to 5 years. Maybe that’s the source justification.

 

[mtwarden]

the ATF will not take cases to the US Attorneys for felony firearm possession if the states have restored their rights- at least they won’t in Montana

 

[Matt mi]

A snippet from a 2018 article in the Times Herald:

So why are all these felons running around the woods with guns? It’s because the DNR lets them. Unlike some other states, Michigan doesn’t check the criminal backgrounds of people purchasing hunting licenses.

Illogical as it sounds, someone in Michigan who can’t legally possess a firearm can get a license to go hunting with a firearm. If they get caught — dumb violators are good at getting caught — they go to jail.

But Michigan’s computerized license system only knows if a license applicant has violated game and fish regulations. Someone convicted of an offense against game or fish can’t buy a license.

It does not check for other convictions, though. So someone convicted of a felony offense against a person can get a license.

Lansing ought to fix that.

Also, from everything I can find, it appears it's legal for a felon to possess & hunt with a bow or crossbow in MI. Plus, they can get their rights to own & use firearms reinstated with some maneuvering.

Guess they wouldn't wanna miss out on that money. That's pretty interesting thanks for posting that. I knew a guy from a place I used to work he was a felon was just out of prison for breaking and entering had a tether on was living at his parents house they had to remove anything that shot a projectile from the house when he was released there

 

[mtwarden]

^ yup, but also tougher for a jury to convict when he truthfully says but the state gave me back the right to possess firearms

 

[nmiller08]

A statement like that would likely be inadmissible due to it not being relevant to the elements of the federal statute. It may become admissible as a mitigating factor in sentencing.

It's no longer a federal crime if the state has restored your rights, mtwarden has it correct

 

[Opah]

Does anyone believe this guy is going to pay $310,234.68 :
Blick was assessed three hundred ten thousand two hundred thirty-four dollars and sixty-eight cents ($310,234.68) in restitution that is owed to the Kansas Department of Wildlife, Parks and Tourism for the value of the deer killed. or $15,000 worth of fines with Restitutions amount ordered of $17,407.04
Seriously ! Keep his ass in prison until he works off the fines.

 

[jmez]

A felon cannot possess a firearm or ammunition anywhere in the US due to federal law. 18 USC 922(g). Of note, a muzzleloader (aka “antique firearm”) is not considered a firearm for purposes of this ban.

Since this is a federal law, the only way to avoid it would be to get the underlying conviction changed to something less than a felony.

Federal law also says marijuana is illegal but several states say otherwise.

Sent from my moto g power using Tapatalk

 

[DudeBro]

It's no longer a federal crime if the state has restored your rights, mtwarden has it correct

You're right. Thanks for the learning opportunity. https://www.justice.gov/archives/jm...1435-post-conviction-restoration-civil-rights

 

[JakeL]

anyone know what they do with the confiscated gear?

It depends on the state really. It also depends on what the judge rules. The judge has a large say on what and where things go.

Idaho for instance has an anual fur sale. Not all the animals in the sale are from that, in fact most animals in the sale are not from court hearings.

Some of the animals go on display in some of the citizens against poaching trailers, some go up in offices. The meat is usually donated to needy families if it can be.

The equipment used can be sold or given back to the owner.

but again most of this is determined by the judge in the case.

 

[Capn]

Does anyone believe this guy is going to pay $310,234.68 :
Blick was assessed three hundred ten thousand two hundred thirty-four dollars and sixty-eight cents ($310,234.68) in restitution that is owed to the Kansas Department of Wildlife, Parks and Tourism for the value of the deer killed. or $15,000 worth of fines with Restitutions amount ordered of $17,407.04
Seriously ! Keep his ass in prison until he works off the fines.

Zero chance. Jail sentences are much more appropriate.