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Yesterday's Weapons Forums • View topic - lost hunter rescued , sorta ......................

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 Post subject: lost hunter rescued , sorta ......................
PostPosted: Mon Feb 02, 2009 3:31 pm 
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Brigadier General
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Location: Minnesota , USA
Jan 30, 8:41 PM EST

Rescue a mixed blessing for lost hunter

CHEBOYGAN, Mich. (AP) -- Being rescued was a mixed blessing for a man who got lost while hunting in Cheboygan County. Howard Keshick became disoriented in Inverness Township in December and called for help on his cell phone. Police and a Coast Guard helicopter braved high winds and blowing snow to locate him.

But the Cheboygan Daily Tribune reported authorities discovered Keshick was a convicted felon and charged him with illegal possession of a firearm. Police said he claimed he didn't know the law applied to his black powder muzzleloader.

Keshick was bound over for arraignment in circuit court on Wednesday.

Meanwhile, he is scheduled for sentencing Feb. 3 on charges including home invasion, property destruction and being a habitual offender.

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 Post subject: Re: lost hunter rescued , sorta ......................
PostPosted: Mon Feb 02, 2009 7:18 pm 
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Master Sergeant
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I guess he should try a bow next time!! :rotflma:

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 Post subject: Re: lost hunter rescued , sorta ......................
PostPosted: Mon Feb 02, 2009 10:19 pm 
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Captain
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Location: Northwest Arctic Borough
If he were off probation , he might have been legal.

I know a few Felons, and they hunt . Long guns only, not having done a violent crime(most are bootleggers) and once off probation, they can ask the Troopers or PO to own a long unconcelable weapon for subsistance hunting.

Just a reality here, sell a beer, and your up for a year.

Get cought with a hunting violation and it may be longer before you can hunt here.
Kind weird, aint it? I certainly wouldnt want that guy armed ,EVER.

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 Post subject: Re: lost hunter rescued , sorta ......................
PostPosted: Tue Feb 03, 2009 12:16 pm 
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Sergeant Major
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Posts: 365
But they don't have to run a background check to buy black powder weapons so there is no way to stop it? Not positive, but I think he'll beat that one cause I don't think ATF classifies black powder as a firearm.

With a decent lawyer he'll be off the hook on the firearms charge. What I don't see there is where the other charges come from. Or maybe that is what he is on the hook for......

http://www.loompanics.com/Articles/LegalFirearms.htm

Title 18 USC, Section 921 (a)(3) establishes the definition of a "firearm" as follows:

"(3) The term "firearm" means
(A) any weapon (including a starter gun) which will or is designed to or may readily be converted to expel a projectile by the action of an explosive;
(B) the frame or receiver of any such weapon;
(C) any firearm muffler or firearm silencer; or
(D) any destructive device. Such term does not include an antique firearm."

Title 18 USC, Section 921 (a)(16) further defines an "antique firearm" as follows:
"(16) The term "antique firearm" means -
(A) any firearm (including any firearm with a matchlock, flintlock, percussion cap, or similar type of ignition system) manufactured in or before 1898; or
(B) any replica of any firearm described in subparagraph (A) if such replica -
(i) is not designed or redesigned for using rimfire or conventional centerfire fixed ammunition, or
(ii) uses rimfire or conventional centerfire fixed ammunition which is no longer manufactured in the United States and which is not readily available in the ordinary channels of commercial trade; or
(C) any muzzle loading rifle, muzzle loading shotgun, or muzzle loading pistol, which is designed to use black powder, or a black powder substitute, and which cannot use fixed ammunition. For purposes of this subparagraph, the term "antique firearm" shall
not include any weapon which incorporates a firearm frame or receiver, any firearm which is converted into a muzzle loading weapon, or any muzzle loading weapon which can be readily converted to fire fixed ammunition by replacing the barrel, bolt, breechblock, or any combination thereof."


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 Post subject: Re: lost hunter rescued , sorta ......................
PostPosted: Tue Feb 03, 2009 12:33 pm 
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Major
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Posts: 1084
Location: Florida
I agree with TN...in Florida at least it is not considered a firearm UNLESS it is used in a crime of violence. If he is presently on probation though they are considered weapons, and his probation would be violated. I believe those other charges are re-bookings for what he is on supervision for.....


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 Post subject: Re: lost hunter rescued , sorta ......................
PostPosted: Mon May 25, 2009 11:21 am 
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Master Sergeant
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Posts: 286
Two things you have look at besides the Federal Law.

1) What does the state law define as a firearm and a violation for felons?

2) What were his terms of release, if he has a active status with their state Dept of Corrections.

Laws differ from state to state.

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