Can I kill american robin on 175 acres of private property that i live on?
I live in West Virginia and live on 175 acres of private rural property. I got into an argument with someone and they said If I get caught shooting an american robin I would get jail time or a fine. I really don't think it is illegal. I am well away from a dwelling or public road. Please help.
Is it legal to shoot a burglar in your own house? Does it matter if their back is turned to you?
In Texas, it generally is legal to shoot a burglar and it doesn’t matter whether his back was turned, inside your house.Someone with his back to you could be picking up something to brain you with, or be heading to the kitchen to get a butcher knife, or going down the hall for your wife or children.According to The Castle Doctrine, he has already demonstrated bad intent towards you and your family by breaking into your habitation while you were in it.Shooting a burglar in the back is sometimes called “Preventative Self Defense”.Not long after The Castle Doctrine was passed, a man in San Antonio found two men in a spare bedroom after having broken in through a garage door.He killed one in the bedroom with a shotgun, while the other pushed past him and ran out a sliding patio door into the back yard.As he was trying to climb over a six-foot wood privacy fence, the homeowner walked out and shotgunned him in the back, killing him too.No charges were filed. I found THAT a little surprising, since the guy was outside, trying to run away.So, “It All Depends”, but history so far is “Yes, it’s legal”, at least in Texas.It should be noted that The Castle Doctrine was passed to keep over-zealous, anti-gun district attorneys from bringing unwarranted charges, and to protect homeowners from civil suits by burglars, or families of deceased burglars. It isn’t a license to knock off your in-laws or something.If you shoot someone who has broken into Your Castle and there’s ANY reason to suspect foul play, murder WILL be suspected and investigated.For instance, if you knew the burglar a detective will start looking for any motive you might have had for murdering him. If they find a motive, you’ll start getting asked some very pointed questions…Or if he (or his dead body) had anything on it which might indicate he was there for a legitimate purpose, THAT will not go unnoticed.The fact that he works for a cable company and has some sales brochures is not going to raise any eyebrows if you shoot him at 11:00pm, but at any time during normal working hours, it will make people wonder things… very inconvenient things for you.So it’s not just a license to shoot people, it’s merely a device to protect homeowners from unwarranted legal problems if they DO shoot someone and it is a justifiable shooting.
Can a felon own a black powder gun in Florida?
That’s a very good question. The bottom line is that the statutes and case law are contradictory enough that you could be arrested for possessing a percussion or flintlock firearm, even though the statutes seem to allow it. And if you were to use the gun in a crime, you would certainly be charged with unlawful possession of a firearm and using a firearm to commit a felony.Felons in Florida are prohibited from owning firearms unless their rights have been restored by a court of law. However, Florida’s definition of “firearms” specifically exempts “antique firearms,” and replicas, which are defined as “any firearm manufactured on or before 1918 (including any matchlock, flintlock, percussion cap, or similar early type of ignition system) or replica thereof, whether actually manufactured before or after the year 1918.”So that’s pretty straightforward. You should be able to own, for example, a Ruger Old Army percussion pistol (shown above). The problem is that prosecutors have disagreed, and the courts have backed them up.David Bostic found this out the hard way. A convicted felon, Bostic had purchased a percussion-fired, muzzleloading rifle for hunting and had been charged as a felon in possession of a firearm. Bostic had argued that the gun was not a firearm under Florida law, but the trial court had rejected that, and basically said that if you were a felon you were prohibited from having even a percussion or flintlock (which seems to contradict the state statutes).In 2005, the Fifth District Court of Appeals weighed in, saying that the lower court was wrong, and that felons were allowed to own antique or replica antique firearms, but upheld Bostic’s conviction on the grounds that his particular rifle did not meet the statutory criteria for a “replica antique,” even though it used a percussion ignition system and the statute specifically identifies modern-made guns with percussion ignition systems as “antique replicas.” The court took exception to the fact that the rifle had a fiber-optic sight on it, which were not in use in the 1800s.That seems disingenuous to me. But there are other cases in which felons have been denied the right to own percussion or flintlock pistols as well, so regardless of what the law seems to say, it looks like there’s a good chance of being prosecuted if you’re caught with one.
What are the requirements to buy a gun from Walmart?
Be able to pay for the gun. They’re funny that way.Bring your driver’s license or state ID card. You’ll need that.Bring a recent (30–60 days) piece of mail that has your name & address on it that matches what’s on your ID. The mail should be a utility bill, rental/lease agreement or similar document. Some states require this to confirm your address. If your car registration matches you can use that.Check with Wal*Mart or a local gun shop if there are charges to conduct the background check. In some states it may cost you an extra $19–$25.Also ask the above if any special documents are required. Some states or jurisdictions require you to have a permit to purchase or some other document - a firearms owner ID (FOID) card (Illinois), Firearms Safety Certificate (California). Costs for these are extra and you may need to obtain the document in advance.If buying a handgun bring a lockable gun case or purchase one from Wal-Mart with an inexpensive padlock or keylock. Most states require the gun to be in a locked container when transporting it. Do not assume the glove box or console to be a legal locked container.You need to be able to answer NO to the following questions on Form 4473:Are you under indictment or information in any court for a felony?Have you ever been convicted in any court of a felony?Are you a fugitive from justice?Are you an unlawful user of, or addicted to, marijuana or any depressant, stimulant, narcotic drug, or any other controlled substance?Have you ever been adjudicated mentally defective or committed to a mental institution?Have you been discharged from the Armed Forces under dishonorable conditions?Are you subject to a court order restraining you from harassing, stalking, or threatening your child or an intimate partner or child of such partner?Have you ever been convicted in any court of a misdemeanor crime of domestic violence?Have you ever renounced your United States citizenship?Are you an alien illegally in the United States?The dealer will contact the FBI background check system for approval to release the firearm to you. If you live in certain states (like California) there may be a waiting period before you can take possession of your firearm.
If I'm a felon in Alaska, what gun rights do I have?
Let me answer this since many answers are wrong here: under AS 11.61.200, a felon can not own a firearm “capable of being concealed”, (ie; a handgun) but can legally possess/own a rifle or shotgun.Further, the felon can possess or own a handgun if, “ten years have elapsed between the date of the unconditional discharge on the prior offense…and the prior conviction did not result from a violation of AS 11.41” (which is a violent crime against persons).This is Alaska law, so a felon still can't buy a firearm from a FFL. And, while I have been told the Ninth Circuit ruled in favor of an Alaskan charged federally because Alaska is seen as a special case, (subsistence hunting is so important here and there are so many critters up here who find us tasty) I have never reviewed that case law.My experience is that unless you are committing a new crime with the firearm, the feds don't have the time to charge every Alaskan felon with a gun crime. And, you are not violating Alaska law.***Before anyone argues with me, I listed the state code above. Also, the feds are not overly interested in felons in possession cases without another crime involved. They call it “disproportionate to resources”. Nor, do we forward many reports to them.