Convicted felon hunts?

[Tom]

oops, at least they found out in time to warn the parol officer. Can he legally use a bow, if he is still on probation? Don't write hot checks, that's the moral of the story.


Felon Gets License for Mont. Bison Hunt
Nov 10, 3:40 AM (ET)

By MATT GOURAS

HELENA, Mont. (AP) - A hunter who drew one of two dozen coveted licenses to take part in one of Montana's first bison hunts in 15 years is a convicted felon who legally can't carry a gun.

The state Department of Fish, Wildlife and Parks acknowledged that it has no authority to strip the man of the license. However, officials have alerted the man's probation officer.

"Obviously as a convicted felon (on probation), he cannot possess or use a firearm," said agency spokeswoman Mel Frost. "If he does use a firearm, it is not violating Fish, Wildlife and Parks rules. It is my understanding it is a parole violation."

While the state wildlife agency declined to identify the hunter on probation, a review by The Associated Press of license holders and felons under supervision determined the hunter is Daniel Marshall, 45, of Helena.


Marshall was convicted in May 2002 of writing a bad check. He does not have a listed phone number and could not be reached for comment.

The wildlife agency alerted the State Department of Corrections that Marshall had received a license to take part in the second hunt, corrections officials told the AP on Wednesday. The hunt is scheduled to begin Jan. 16.

His probation officer, Chris Cavanaugh, said Marshall believed he would no longer be on probation by then. Unlike federal law, once a felon completes his sentence on state charges in Montana, his gun rights are restored.

"Technically he hasn't violated any laws by purchasing a tag," Cavanaugh said. "He was under the belief that he would be done and that he would be able to hunt this bison."

Marshall has not paid all restitution as required, and a judge recently continued his sentence, Cavanaugh said. If he pays back all the money before the hunt, he could go to a judge and ask to be released from probation.

Marshall cannot sell the license, but state wildlife officials said if he chooses to return it, the state likely will hold a drawing to give it to another hunter.

Nearly 6,200 people, most of them Montana residents, applied for a permit. The state drew the names of 24 hunters last month. The first of two bison hunts starts next week.

State officials are carefully orchestrating the hunt, hoping to avoid the controversy that surrounded previous hunts of the animals as they leave Yellowstone National Park.

Animals in the Yellowstone bison herd carry the cattle disease brucellosis, and the state says the hunt will help ensure Montana cattle do not become infected.

 

[noharleyyet]

...when I first saw the title, I thought there might be an open season on them.

Guess you could look at it the same way you would if a peta member had drawn.

 

[Washington Hunter]

I don't see any reason why he shouldn't be able to hunt. So he made a mistake. It's not like he raped or murdered somebody. I think it's stupid the press is making a big deal out of it.

 

[ELKCHSR]

A bow is fine in most other instances, but in Montana, this years Bison hunt requires a modern fire arm.

 

[Bandit]

if he was originally arrested for a firearm violation using a bow, provided in season, should be fine. Just not anything else.

 

[mtmiller]

I don't see any reason why he shouldn't be able to hunt. So he made a mistake.

Man WH, we aren't agreeing on anything lately. I don't know exactly what the offence was, but seems like it would be more than a mistake to be a felony charge.

I don't know how the law reads, but if you are a convicted of a felony and because of that you are not able to possess a firearm, it seems pretty cut and dry.

Maybe they need to change the law instead deciding whether it needs to be enforced depending on the circumstance.

BTW Bandit, what did you just say?

 

[snake river rufus]

Marshall was convicted in May 2002 of writing a bad check

 

[Washington Hunter]

mtmiller, I don't know exactly how the firearm prohibition laws work either. But, from the article it sounded as if his felony charge was under Montana state law, not Federal, and that his right to possess firearms would be restored as soon as he completed his probation and paid off the fine. I agree, if he really is prohibited by law of possessing a firearm, then obviously he shouldn't be hunting with a firearm. However, I feel he should not have his rights taken from him just for writing a bad check. If that is the law, then you're right, it needs to be changed.

 

[Tom]

I think it has to be a pretty big check to reach felony status. It ought to help him be motivated to get off probation, eh, get to hunt a buffalo if he makes it.

 

[Washington Hunter]

Tom, you're right...I was thinking the same thing. How much do you figure it had to be? 100 Grand, minimum?

 

[Tom]

§ 45-6-316, MCA, which provides:

Issuing a bad check. (1) A person commits the offense of issuing a bad check when the person issues or delivers a check or other order upon a real or fictitious depository for the payment of money knowing that it will not be paid by the depository.

(3) A person convicted of issuing a bad check shall be fined not to exceed $500 or be imprisoned in the county jail for any term not to exceed 6 months, or both. If the offender has engaged in issuing bad checks that are part of a common scheme or if the value of any property, labor, or services obtained or attempted to be obtained exceeds $500, the offender shall be fined not to exceed $50,000 or be imprisoned in the state prison for any term not to exceed 10 years, or both.

I found that, but it doesn't say what's a felony and what's a missdemeanor.