Legal Question in Civil Rights Law in California

can a convicted felon own a bow and arrow in california legally?


Asked on 3/21/10, 2:11 pm

1 Answer from Attorneys

Terry A. Nelson Nelson & Lawless

Felons are barred under federal and California law.from possessing 'firearms or ammunition'. 18 USC Section 922 is the section that both use as a definition of 'firearms'.

A muzzle-loader does not fall under the guidelines and is not considered a firearm.

In essence, if it does not accept and cannot accept cartridge ammunition it is not a firearm. Any muzzleloader than can be converted to accept cartridge ammunition is considered a firearm.

Therefore, you can make the argument that you are entitled to possess a muzzleloader rifle or pistol, but if you are ever confronted by law enforcement, they could easily be anticipated to think your muzzleloader is a 'gun' that you are not supposed to have, arrest you, and let the courts sort it out. You are free to choose your level of risk.

I am not aware of a specific provision barring felons from bows, and the CA Fish and Game Code does not consider a bow and arrow to be a firearm for the purposes of hunting.

However, a convicting court can expand and add to your 'prohibition' list, check your sentencing report.

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Answered on 3/26/10, 5:23 pm


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