New mexico bill makes poaching a felony

[N8tve_Hunter]

https://www.gohunt.com/read/news/new-mexico-bill-makes-poaching-a-felony#gs.null

Correct me if I'm wrong here, but I thought felons (violent and non-violent) couldn't own a gun period? How does the five-year rule (statute of limitations) play in to affect here? Does this mean after 5-years the felony is expunged from your criminal record??


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[Colorado Cowboy]

The press release did say the convicted person couldn't hunt in NM with a firearm. Be interesting to see if the felony gets added to the FBI data base so it would should up during a background check. Too bad every state doesn't pass this.

 

[JimP]

The problem is that most poaching cases get plea bargained down to a lesser offense so that the offender won't end up with a felony conviction on their record. The same thing happens with a crime committed with a firearm, the firearm charge is usually the first one to get thrown out.

It will be interesting to see just how this one plays out.

 

[shootbrownelk]

The problem is that most poaching cases get plea bargained down to a lesser offense so that the offender won't end up with a felony conviction on their record. The same thing happens with a crime committed with a firearm, the firearm charge is usually the first one to get thrown out.

It will be interesting to see just how this one plays out.

Plea bargaining a firearms felony down to a misdemeanor slap on the wrist charge. I think that it was created in Chicago, but it must have caught on nationwide. Having these obvious poaching charges upped to a felony might just dissuade a person from breaking our game laws. Anything to try to stop this revolving door justice system we have now.

 

[hoshour]

https://www.gohunt.com/read/news/new-mexico-bill-makes-poaching-a-felony#gs.null

Correct me if I'm wrong here, but I thought felons (violent and non-violent) couldn't own a gun period? How does the five-year rule (statute of limitations) play in to affect here? Does this mean after 5-years the felony is expunged from your criminal record??


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The 5 years in the article refers to the statute of limitations, which is the longest time after the event that charges can be brought.

 

[RICMIC]

In many cases, a poaching case can still be a felony violation under federal law (the Lacy Act) if the illegally taken game is removed out of state. That is seldom charged though except for the most serious violations. I worked court security in the federal courts for the US Marshall's after I retired as a police officer, and the most common trial was for felons in possession of a firearm. Now those are exactly the folks who you DON'T want to have a firearm. Prosecutions by the Feds for that dropped substantially over the last 8 years, but it seems to be a priority now.

 

[HuskyMusky]

bow hunting...


on a side note, I don't see why 1x non-violent felons can't own a firearm ever again...?

The brain doesn't fully develop until 25yo, especially in men's cases, and that last part to develop is the reasoning center/fuction.

On top of that I don't think something like marijuana or hooking up with your hs girlf should make you a felon that can't own a gun for life.

or in martha stewarts case...? she sold stock/or lied to an fbi agent and became a felon and can't own a gun...? not sure what either of those crimes has to do with owning a firearm. meanwhile police/fbi can lie to you legally. Kind of ironic.


I really don't think we need to worry about 1x non-violent felons who haven't had a speeding ticket or any other crimes in 20 years...

repeat offender.../violent felonies, of course not, although I did read an article somewhere that a person had petitioned for his gun rights back after years of good behavior, his crime was armed robbery! I guess he became a business owner/upstanding member of society, so perhaps even violent felons deserve a 2nd chance. However I think the case is certainly easier to make for 1x nonviolent felons being able to hunt with a firearm vs violent/multiple felonies type.

I guess federal law doesn't restrict felons from owning muzzleloaders.... although most states do. Which makes me think are you really worried about a felon legally hunting with a 1 shot muzzleloader?


as to the topic.... I think we give away felonies like candy these days. I don't really even support the label, as we have background checks and can take into account individuals actions vs. the label, which I think many states are banning from being asked anyway.

I think felony should really only describe violent crimes.

 

[N8tve_Hunter]

bow hunting...


on a side note, I don't see why 1x non-violent felons can't own a firearm ever again...?

The brain doesn't fully develop until 25yo, especially in men's cases, and that last part to develop is the reasoning center/fuction.

On top of that I don't think something like marijuana or hooking up with your hs girlf should make you a felon that can't own a gun for life.

or in martha stewarts case...? she sold stock/or lied to an fbi agent and became a felon and can't own a gun...? not sure what either of those crimes has to do with owning a firearm. meanwhile police/fbi can lie to you legally. Kind of ironic.


I really don't think we need to worry about 1x non-violent felons who haven't had a speeding ticket or any other crimes in 20 years...

repeat offender.../violent felonies, of course not, although I did read an article somewhere that a person had petitioned for his gun rights back after years of good behavior, his crime was armed robbery! I guess he became a business owner/upstanding member of society, so perhaps even violent felons deserve a 2nd chance. However I think the case is certainly easier to make for 1x nonviolent felons being able to hunt with a firearm vs violent/multiple felonies type.

I guess federal law doesn't restrict felons from owning muzzleloaders.... although most states do. Which makes me think are you really worried about a felon legally hunting with a 1 shot muzzleloader?


as to the topic.... I think we give away felonies like candy these days. I don't really even support the label, as we have background checks and can take into account individuals actions vs. the label, which I think many states are banning from being asked anyway.

I think felony should really only describe violent crimes.

Great insight.. Thanks for providing the "other-side of the coin" view to this topic. You make some good points there on violent vs. non-violent.


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[Colorado Cowboy]

Sorry....for me a felony is a felony.PERIOD! I have a former friend who was arrested for a number of NON VIOLENT crimes against children, all felonies. He plea bargained it down to 2 misdemeanors and 1 felony, no jail time; probation only. He lost his civil rights and can't own a firearm. He is a scumbag and deserved more.

I feel a felon is a felon, no compromises.

 

[Alabama]

Sorry....for me a felony is a felony.PERIOD! I have a former friend who was arrested for a number of NON VIOLENT crimes against children, all felonies. He plea bargained it down to 2 misdemeanors and 1 felony, no jail time; probation only. He lost his civil rights and can't own a firearm. He is a scumbag and deserved more.

I feel a felon is a felon, no compromises.

I respectfully disagree. I work with a guy who grew up hard. Raised in the projects with no dad, really no male role models except thugs and gang bangers. He got caught up in what he thought was his only option: dealing drugs. About 3 weeks after his 18th birthday he got caught. He wouldn't snitch because he thought they would hurt his mom or younger brother. His public defender was incompetent and basically told him to plead guilty and hope for leniency. He was a 1st time offender: he was sentenced to 20 years! He got out after 8 with good behavior with probation.

He then moved here and got around some good people: uncles, aunts and cousins. He got a job and has been with the company for 15 years. He would give you the shirt off his back. He's a great guy that I would trust with my family. He served his time and is a productive member of society. It's been 24 years since it happened, and he was just a dumb kid when he messed up. He can never own a gun again, that's not right. Felon is too broad of a term in my opinion. Killers, rapists, armed robbers, and violent assaults, etc should be a class of their own.

 

[RICMIC]

Not all felony convictions involve losing the right to own a firearm, and in most cases it is possible to petition to have those rights restored. Merl Haggard went to prison for armed robbery when he was young and dumb, and he became an icon for the common man and I would have loved to have him in my hunting camp. As for the comment (and probable fact) about the brain not being fully developed until age 25: then why in the hell did they make the voting age 18?

 

[fackelberry]

The one time i disagree with CC on this one! My ex-brother in law is a felon. I'm gonna try to make this short and to the point. When he was 18 he was driving drunk on a motorcycle and hit the back of a van at around 40MPH. He basically shattered his whole right arm and tore all the ligaments and tendons off of his shoulders and back and mangled his shoulder bad. Needless to say he cant use his arm no more and can't feel nothing in it from the middle of his bicept down. He is 47 years old now, his bad arm is 3/4 smaller than the good side because of muscle loss from it being basically dead. He has tried to maintain jobs through his life and is a damn hard worker. He knows it's his fault what happened and he doesn't ask for help with anything. Well when he got layed off of a job for awhile Social Security kicks in and helps pay the bills since he is considered partially disabled and he has a wife and 2 kids. Well when he did get a job, he was supposed to tell SS to stop payments or to reduce them as to what they decide he needs. He "forgot" to tell them and he was making full paychecks from his job and the max from SS he was approved for. So 2 years down the road SS finds out and guess what? He owes them like 60,000 dollars and now he gets arrested because basically its like stealing or money fraud or something and it's over 10 grand or whatever it takes for a felony. So he gets a year in Federal penitentiary, down in lovely Colorado, looses his rights to own firearms except a muzzleloader. He has no excuses, did his time and doesn't want anyones pitty. He knows he messed up and deals with it. He is one of the nicest guys ive met, would help anyone. And you should see him fish and shoot his bow with one hand and his mouth. He is a very competitive archery shooter and travels the country for tournaments. He got the label of "felon" but by no means is he a VIOLENT one! I think he had to wait til all of his probation and fines were payed back and wait 5 years to reapply for gun rights. He got revoked, probably because of Obama, and i don't think he will ever try again. He loves his bow and hes fine with that.

 

[mallardsx2]

At a young age I knew the difference between right and wrong. It didn't take me until I was 25 to realize right from wrong. The reason for that was FEAR and I mean life and death FEAR of what my dad would have done to me....Thats no BS.

If turning poaching into a felony offense makes the hunting better for me then thats great. Im all about increased opportunities and a more level playing field.

Anyone who frauds SS should serve jail time and receive a felony.

Loosing your rights to own firearms....well, let me extend an olive branch to you folks...

If you try to fraud me out of what is mine I should be able to take what is yours. If that's gun rights then so be it.

And I'm not going to lie if it was up to me I wouldn't stop at just taking your gun ownership rights...I would have severe capitol punishment for defrauding the government if I ran this country.

I work damn hard and have been since I was 14 years old...and I pay taxes and I have paid a lot of them.

Someone stealing, defrauding, or playing the system doesn't sit well with me and it never will.

Someone driving drunk, who hits car, is eligible for the SS? You got to be kidding me...

Bottom line is that a Felony is a Felony.

I don't feel that I should have to share the woods with someone who is a felon.

The reason I am allowed to own firearms is because I have behaved myself and have not had my rights taken away. And good behavior should be rewarded with opportunity.

I'm siding with CC on this one.

 

[shootbrownelk]

I know of fellow who was dating a girl who for all the world looked like she was over 18. The guy was 19 years old and I guess he should have asked her age. He got nailed for statutory rape....instant felon, lost his gun rights and the whole shebang. I knew them both, and I feel sorry for him. I was in the process of asking her out before those 2 became an item. She was 17 at the time. That felony would be a tough one to call, had I been a Judge.

 

[fackelberry]

Oh believe me Mallard, me and my now ex-wife at the time went rounds over how her brother in-law got the felony. She would defend him and i think he got what he deserves. But we were talking above he ISN'T a violent felon. Would you rather a rapists or child molester live next door to you or him who frauded the SS system? People wonder why SS will be bankrupt? Because they pay for people who injure themselves and it's their fault that it happened. Doesn't matter HOW you do it, they still pay you when your disabled. You know what else the SS pays for when the father doesn't have a good enough job and has a wife and 2 kids? The kids actually were getting 2-300 bucks a month also from SS. I think that is total BS. So maybe we ALL need to rework SS and what they pay for so some of us will have money when we retire to hopefully pay the light bill! Belive me Mallard i have almost gotten into fist fights at times with different people over taxes and income tax returns. When i hear a guy who doesn't have a very good job and a wife and 2 kids who barely pays any taxes in gets back 4-5 thousand dollars more than me, and i payed in 8-9 thousand more than him really chaps my hide! Just because he won't get a good job or is to lazy to doesn't mean us other tax payers should have to make up for it. Tell me this, Do you get extra money or tax credit for any kids you may have?

 

[HuskyMusky]

Went to hs with a guy who met a girl on an online dating site, said she was 18, they met up 1 night, they didn't even have sex, but did other stuff, they only hung out one night ever. He became a sex offender/felon. He was 20/21 at the time. Funny too, cause he was the goody 2 shoes type, smart kid, never got in trouble, didn't drink or smoke mj, athlete.

I know of fellow who was dating a girl who for all the world looked like she was over 18. The guy was 19 years old and I guess he should have asked her age. He got nailed for statutory rape....instant felon, lost his gun rights and the whole shebang. I knew them both, and I feel sorry for him. I was in the process of asking her out before those 2 became an item. She was 17 at the time. That felony would be a tough one to call, had I been a Judge.

 

[mallardsx2]

I am a White-Male-With No Children-Making Good Money.

What the hell is a tax credit?

And by extra money I'm sure your referring to additional overtime (20 Hours = Per week) pay I have been compensated for...lol

 

[CrimsonArrow]

Nonviolent, non repeat offenders should get a chance at forgiveness. Everybody makes mistakes at some point in their lives. As for those at the top of their ivory towers, the view is nice but it gets lonely awfully quick.

 

[fackelberry]

I am a White-Male-With No Children-Making Good Money.

What the hell is a tax credit?

And by extra money I'm sure your referring to additional overtime (20 Hours = Per week) pay I have been compensated for...lol

Im in the same boat as you! Except im a single White American, good job. No kids ever! I've never seen a tax credit! When i was married over a year ago, my wife made dang good money also. So then it was 2 White Americans, no kids, Both make good money, We really got the shaft in taxes! I'm like you though, i don't like it when people abuse the system like my ex-brother in law did, but i don't like how the gov't screws me because i am not lazy and went and found a good job. The same guy who is lazy and on welfare can do the same as me but chooses not to because he gets subsidized so much by the gov't. It's like they reward you for not being an honest hardworking American! So guess who pays more in taxes, yep the people with good jobs and no kids or not very many deductions. I had a person that does tax returns tell me and my wife one year that we NEED to have kids so we would get more money back! WTF kind of thinking is that? I'm not gonna spend 30K on having a kid just to get 2-3K back in taxes! Somewhere im still losing 28K, but its about what we lost that year anyways! So to try and get some more of my money back, anytime im supposed to claim something on my taxes, like winning a tv in a raffle or something along those lines,i dont do it. If they catch me later down the line, fine i will pay the extra taxes but if they don't, well thats just one extra tank of fuel the woman down the street with 5 kids from 4 dads, who lives in Government housing won't get to put into her Cadillac Escalade!