MT Parolees Not Allowed To Possess Bows

This is a discussion on MT Parolees Not Allowed To Possess Bows within the The Second Amendment & Gun Legislation Discussion forums, part of the Related Topics category; I'm not sure if I agree with this. State bow rule upheld after judicial reversal Published: Monday, December 1, 2008 By NICHOLAS LEDDEN / The ...

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Thread: MT Parolees Not Allowed To Possess Bows

  1. #1
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    MT Parolees Not Allowed To Possess Bows

    I'm not sure if I agree with this.

    State bow rule upheld after judicial reversal
    Published: Monday, December 1, 2008
    By NICHOLAS LEDDEN / The Daily Inter Lake

    Flathead County District Court Judge Stewart E. Stadler has upheld a Montana Department of Corrections policy banning parolees and probationers from possessing hunting bows.

    The department in June clarified its administrative rules on deadly weapons to include archery equipment, effectively prohibiting parolees and probationers from hunting.

    The Department of Corrections has long classified guns as dangerous weapons, and federal laws can prohibit felons from owning firearms.

    Stadler initially ruled in September that two Flathead County sex offenders on probation -- Kay Dean Denning and Gary William Hughes Jr. -- could continue to bow-hunt as long as they didn't store their bows at their residences.

    Stadler reversed himself during a second hearing Nov. 13.

    "I don't see where I have the right to determine that some probationers can own dangerous weapons and some can't, and there's no question it's a dangerous weapon," Stadler said.

    Both Denning's and Hughes' sentences contain provisions that they submit to the "supervision of the Montana Department of Corrections Adult Probation and Parole Bureau, and fully comply with all requirements and regulations imposed by that agency."

    But Kalispell attorney Gary G. Doran, who represented Denning and Hughes, argued that the ultimate authority over which conditions to impose on a parolee or probationer lies with the court.

    "If the court gives up its right to make determinations about what conditions will be placed on a probationer, it's an unconstitutional transfer of power to an administrative agency," Doran said. "It's not the Department of Probation and Parole that makes those determinations, it's got to be done... by the court."

    District Court judges have the authority to set conditions of probation to allow offenders to possess bows on a case-by-case basis, especially for nonviolent offenders, Doran said.

    Denning was convicted of sexual assault in March 2003 and Hughes was convicted of sexual assault in September. Both are serving the suspended portions of their sentences.

    "I think that archery equipment falls in a gray area, and I think the court has the freedom to determine whether a person can possess it," Doran said.

    Stadler said the Department of Corrections' inclusion of bows on its list of deadly weapons was "tremendously unfair" to certain probationers -- some of whom had been given permission to own archery equipment -- but that he upheld the department's rule with officer safety in mind.

    Modern compound bows can send an arrow through a Kevlar vest where a bullet may not.

    "It's a safeguard and a protection for them," Deputy Flathead County Attorney Lori Adams argued. "The state would ask that we enforce this rule and we make it universal."

    Before the clarification in the Department of Corrections' rules, the long-standing ban on deadly weapons had been applied unevenly in different parts of the state. Some probation officers allowed offenders to possess bows while others did not.

    "It's not a new policy per se," said Tom Forsyth, the Office of Probation and Parole's regional administrator for Flathead, Lake, Lincoln, and Sanders counties. "I think everyone has always thought bows were a deadly weapon. More than anything else what we were trying to do was get consistency statewide."

    The department's deadly weapons restriction is an administrative rule, not a law, and its clarification was recommended by its legal department.

    Guns and knives over a certain length are classified as deadly weapons, but corrections officials did acknowledge that some aspects of the rule are subject to interpretation. For example, steak knives generally aren't considered deadly weapons, and probation officers often rely on common sense to determine what does and does not constitute a probation violation.

    Now, possessing a bow is grounds for the revocation of a suspended or deferred sentence. It also counts as a parole violation.

    The Office of Probation and Parole supervises only felons -- about 900 in Flathead County and another 550 out of satellite offices in Polson, Libby and Thompson Falls.






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    Easy way to avoid the problem is not to do something that makes you a felon.
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    In many states felons can use or even possess 'Primitive Weapons' be it a bow or even blackpowder and muzzleloader rifles, shotguns, and pistols.

    I'm not sure I agree with this either, but I very much do agree with Archer....don't do a felony and you won't have this problem to contemplate.

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    Quote Originally Posted by archer51 View Post
    Easy way to avoid the problem is not to do something that makes you a felon.
    This may become harder and harder to accomplish.
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    While you're on parole or probation, you still belong to the state. You have no rights.

    They can ban you from owning a green shirt if they please.

    Of course, as noted, the easiest way to make this a non-issue: don't commit a felony.

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    Quote Originally Posted by Janq View Post
    In many states felons can use or even possess 'Primitive Weapons' be it a bow or even blackpowder and muzzleloader rifles, shotguns, and pistols.

    I'm not sure I agree with this either, but I very much do agree with Archer....don't do a felony and you won't have this problem to contemplate.

    - Janq

    I have to admit, I have no problem whatsoever with this. I doubt that he was paroled involuntarily. If he didn't like the conditions of his parole, I'm sure he could have opted to stay in jail.

    Once he completes all aspects of his sentence, the discussion might become a little different, IMHO.
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    I don't have a problem with parolees and probationers not having weapons since they are still serving their sentence.

    I would have a problem with if it once they have served their sentence and still were banned from owning bows.
    Sometimes I wonder who the old man in the mirror is....

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    for some strange reason i don't feel sorry for the sex offenders that can't have a bow...

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    Quote Originally Posted by Captain Crunch View Post
    I'm not sure if I agree with this.
    two Flathead County sex offenders on probation -- Kay Dean Denning and Gary William Hughes Jr.
    ================================================== ==========





    Gary William Hughes Jr. is listed as convicted of:
    Montana Statute: Sexual Assault Counts: 1
    Sentence Date: 08/17/2004
    Web page-
    Sexual or Violent Offender Registry Search Details - MT Dept of Justice

    and the other piece of crap


    Kay Dean Denning was convicted of:
    Montana Statute: Sexual Assault Counts: 1
    Sentence Date: 05/16/2003
    Victim's Sex: Female Victim's Age: 12
    web page-
    Sexual or Violent Offender Registry Search Details - MT Dept of Justice

    A 12 year old!!!


    I really don't see any need for them to be on the planet but now, thanks to our "justice" system, they are free. I really don't see the reason for them to have any access to weapons, even if it is a bow and arrow.
    They have some balls whining about being denied anything, they should not be free- period

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    Quote Originally Posted by 40S&WMAN View Post
    for some strange reason i don't feel sorry for the sex offenders that can't have a bow...
    Forget the bows...I think that there are some other 'things' they should not be allow to keep.
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    IMHO, As far as criminals are concerned and convicted felons, if you cannot own or possess a firearm you shouldn't own or possess a bow either. A bow and arrow can kill just as efficiently as a gun when used properly.

    >>---->
    "Government is not the solution to our problem; government IS the problem". - Ronald Reagan 1981

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    Department of Corrections' rules, the long-standing ban on deadly weapons
    would it not be easier to ban them from everything.
    No Bow, No hammer, No car, No motercycle.
    and my personal fav, No parrole.
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    Forget the bows...I think that there are some other 'things' they should not be allow to keep.

    I cringed when I read that. LOL.

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    Felonious behavior with a weapon is already an imprisonable offence. I'm with you. This is probably going too far.

    Reality is, a felonious disposition means that a person can find all sorts of mischief to be done with otherwise "normal" tools, or even bare hands.
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    Easy way to avoid the problem is not to do something that makes you a felon.
    Excellent post.


    A 12 year old!!!

    I really don't see any need for them to be on the planet but now, thanks to our "justice" system, they are free. I really don't see the reason for them to have any access to weapons, even if it is a bow and arrow.

    +1
    Yep, one of them sexually assaulted a little girl and we have people on this thread worrying about his "rights." The scumbag was lucky he was not killed in prison.

    Someone please tell me how a guy who sexually assaulted a child can be classed as " a low risk to re-offend."

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