# gator hunt question about probation



## mrwigglezdj (May 11, 2008)

Well I'm takeing my brother gator hunting this Friday and Saturday he just called all nurvious he's a convicted fellon and is currently on federal probation. His worry is over the 44 mag bang stick I plan on using he's not sure he is allowed to be around the stick. Does anyone have any insight on rather we can go ahead as planed or do we need to pucker up for a fight an cut the gators spine by hand with a blade


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## SAWMAN (May 24, 2010)

*Hmmmmm???*

I do not believe that a bang stick is considered a firearm but definitely could be wrong on this one. 

Better check before you go. Also,you should never ask questions like this on a forum. Go straight to the LEO's(or prosecutors) on something this iffy. --- SAWMAN


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## whome (Oct 2, 2007)

If he is a convicted felon he cannot even have the ammunition in his possession...


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## mrwigglezdj (May 11, 2008)

Correct about his possiesion, what I meant to ask, can I have the bang stick. On the boat with him on the boat. Ammo in my control ect he's the muscle and I'm the power lol....
He's going to call tom and check I figured I would check here too


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## MrFish (Aug 21, 2009)

You should verify with his PO, but as long as he is not in possession he should be good.


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## jim t (Sep 30, 2007)

If he wants to be absolutely sure have him call his Probation Officer and ask upfront.

He may not like the answer. But if he abides, it will tell you something about his commitment to his new life. 

You never know, the Probation Officer might sign off on it. 

Jim


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## mrwigglezdj (May 11, 2008)

That's what we were just talking about (called brother up) he said he will not be on the boat with the stick unless he has a signed note from his officer, that way if we are stoped by fwc and his name ran he will hve all is ducks in a row before we even go


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## MikeG (Oct 5, 2007)

790.23 Felons and delinquents; possession of firearms, ammunition, or electric weapons or devices unlawful.— (1) It is unlawful for any person to own or to have in his or her care, custody, possession, or control any firearm, ammunition, or electric weapon or device, or to carry a concealed weapon, including a tear gas gun or chemical weapon or device, if that person has been: (a) Convicted of a felony in the courts of this state;
(b) Found, in the courts of this state, to have committed a delinquent act that would be a felony if committed by an adult and such person is under 24 years of age;
(c) Convicted of or found to have committed a crime against the United States which is designated as a felony;
(d) Found to have committed a delinquent act in another state, territory, or country that would be a felony if committed by an adult and which was punishable by imprisonment for a term exceeding 1 year and such person is under 24 years of age; or
(e) Found guilty of an offense that is a felony in another state, territory, or country and which was punishable by imprisonment for a term exceeding 1 year.

(2) This section shall not apply to a person convicted of a felony whose civil rights and firearm authority have been restored.
(3) Except as otherwise provided in subsection (4), any person who violates this section commits a felony of the second degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
(4) Notwithstanding the provisions of s. 874.04, if the offense described in subsection (1) has been committed by a person who has previously qualified or currently qualifies for the penalty enhancements provided for in s. 874.04, the offense is a felony of the first degree, punishable by a term of years not exceeding life or as provided in s. 775.082, s. 775.083, or s. 775.084.
History.—ss. 1, 2, 3, ch. 29766, 1955; s. 1, ch. 63-31; s. 9, ch. 69-306; s. 754, ch. 71-136; s. 1, ch. 71-318; s. 169, ch. 71-355; s. 2, ch. 76-165; s. 6, ch. 93-416; s. 51, ch. 98-280; s. 39, ch. 99-284; s. 2, ch. 2004-286; s. 2, ch. 2008-238.


I know the first thing your probably thinking is (he wont have care , custody or control). Just a word of caution , if he gets on that boat and there is ammo or a gun, and he could possibly access or control it then he will fall into this category. When it comes to this most LEO have zero tolerance, because it is thoroughly explained to them by the court not to be anywhere near firearms or ammo. I wouldn't chance the violation . I have seen many felons , being in possession or control of guns as well as ammo in the past. I have seen some mere ammunition cases (granted they were drug dealers or robbery suspects, not hunters), get over 20 years in federal prison for a single bullet, compiled with a bad past criminal history. It's not worth the risk for an animal. Many felons strictly bowhunt now days for that reason. Good luck hunting.


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## mrwigglezdj (May 11, 2008)

Very good solid information, I simply drop a round and it could sen my brother down the creek we will just have to tame that beast with primative weapons.... spears trebble hooks and big knifes . Just makes it more of a thrill. Ill find a bright side... haha even sell the stick now that there is no use for it


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## maxfold (Apr 19, 2008)

*control*

my understanding on probation in a home inviroment is no weapons, a boat or car is the same, a letter from p.o. is a for sure c. y. a. ask po and good luck, black powder, bow ask also. maxfold.


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## MikeG (Oct 5, 2007)

*Advice*

Not picking on P.O.'s but they dont enforce anything but a Violation of Probation. That means if a condition of probation is not met or a new law violation. they still dont arrest they just complete a warrant affidavit and send it to the judge and an LEO makes the arrest. Convicted Felons are governed under state and federal law . Both have bad consequences for knowingly being anywhere near firearms or ammo. Granted if a felon walks down the ammo aisle of a retail store like Academy its no big deal. If he stops and picks up a box of ammo or is seen holding a gun as if he were going to buy it would also constitute a violation of the law. Knowingly participating in an activity that involves ammo or firearm ( bangstick device ) is a recipe for jail or prison. Again good luck


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## scootman (Oct 6, 2007)

Just an idea.....seperate boats. One boat with the grab em and snatch em crew and another boat for "Ka-Boom" duties. You and your brother stay in the boat without any firearms and have a friend handle weapon duties from a seperate vessel. Like I said, just an idea to present to the P.O.

Scoots


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## mrwigglezdj (May 11, 2008)

thats an excelent idea, but i think i can still see grey areas, hes still able to get over to the other boat and gain control of the stick or hes withing "X" amount of feet of a firearm or like device and ammo. i think our best bet and man handle our gator and just hope we all go home with our hands lol


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## MikeG (Oct 5, 2007)

*Fyi*

Just FYI for futrure reference. Definition of Firearm per Florida Statute 790.001(6)

 “Firearm” means any weapon (including a starter gun) which will, is designed to, or may readily be converted to expel a projectile by the action of an explosive; the frame or receiver of any such weapon; any firearm muffler or firearm silencer; any destructive device; or any machine gun. The term “firearm” does not include an antique firearm unless the antique firearm is used in the commission of a crime.


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## Stumpknocker (Oct 3, 2007)

Do you have a lot of gator hunting experience? It would have been pretty tough to cut the spine on the ones I've killed without having put a bullet in their skull first. I don't think I'd recommend going without a bangstick.


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## mrwigglezdj (May 11, 2008)

Nope never been gator hunting before closest thing was when little hookin em with my fishing hook. I'm not sure how were going to finish the gator were looking into methods still. Told him to get a chainsaw and when we get em up to the boat cut into the back of his neck (was jokeing) and he's not interested in that at all. He mentioned looking at the anotmy of the gator to find the kill spot and see if that's fairly possible


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## auburn17 (Oct 29, 2008)

Why not just use archery tackle and avoid all of the BS? Even a convicted felon can use archery equipment, correct? 

Seperate boats is not an option, everyone helping/hunting with the tag holder must be in the same vessel as the tag holder.


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## TURTLE (May 22, 2008)

maxfold said:


> my understanding on probation in a home inviroment is no weapons, a boat or car is the same, a letter from p.o. is a for sure c. y. a. ask po and good luck, black powder, bow ask also. maxfold.


* Felons and delinquents; possession of firearms, ammunition, or electric weapons or devices unlawful*

*I know a guy very well that was wrongfully( IMO) made a felon and has found many ways to Hunt legaly. As you can see the section I posted above describes the things not allowed. This may change but notice that Bow's, Muzzleloaders, Big boar air rifles and Crossbows are not listed and as of last hunting season not prohibited to posses and use to hunt with by a Felon.*

*Like everyone else said, Check with his PO to make sure and get a letter for LE in the field.*


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## Nat-Light (Oct 9, 2007)

The problem is that it will more or less be up to the discretion of a LEO officer as to whether or not he arrests your brother. It will then be up to your brother to battle the charges in court should such charges arise. Do you really think a LEO officer is going to give much credence to a supposed note from his PO? Personally, a night of gator hunting isn't worth the potential legal headaches that could arise.


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## mrwigglezdj (May 11, 2008)

Well I just obtaineda airboat and a old tracker who happens to have a harpoon... so we don't even need the stick. Harpoon and extra sarp knife is all we will use


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## hogdogs (Apr 19, 2010)

While on State felony Probation, the offender is often more restricted than just a convicted felon is...

No archery gear etc. during probation is common...

Brent


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## CootCommander (Aug 24, 2008)

hogdogs said:


> While on State felony Probation, the offender is often more restricted than just a convicted felon is...
> 
> No archery gear etc. during probation is common...
> 
> Brent


 
exactly, anything more than a 3" knife can be grounds for a violation even a BB gun is off limits


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