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View Full Version : Few questions about Felonies & Guns.


rburch
May 19, 2009, 03:59 PM
Ok, I have a few younger friends/relatives, that did some stupid things and are now facing possible Felony Convictions. Not anything violent, but still pretty bad.

I know if convicted they can't have guns, but I don't know how that affects me. I have a CCW, can I legally have my weapon on me if I stop by their house for a visit?

What about if they visit me? Most of my guns are in a glass fronted cabinet in the living room. Can they come into my house?

Also I used to hunt with them sometimes, if they decide to keep hunting (with a bow obviously) can I hunt with them with a gun?

Oh if it helps, I'm in Virginia.

googabeest
May 19, 2009, 04:09 PM
I'm no expert, but I think so long as you never give or sell them any guns, you should be fine. I don't think I'd risk hunting with them, especially if they wanna use one of your guns. If you know they're convicted felons, you could face charges.

rburch
May 19, 2009, 04:31 PM
googabeest, they aren't convicted yet.

But in any case if I hunted with them, they'd have a bow or crossbow.

Jim March
May 19, 2009, 06:43 PM
I deal with this situation. One of the finest human beings I know, now in his 50's, was caught at age 19 with 22lbs of pot :(.

Part of my answer is to carry in a fully enclosed fanny pack on my person at all times, not (for example) dropped onto the floor of a car or the car's trunk.

The basic idea is, you don't want them ever to be accused of being in possession of the thing.

blume357
May 20, 2009, 06:07 AM
and making the people who it is supposed to serve less so. It is making more and more people 2nd class citizens with limited rights.

rantingredneck
May 20, 2009, 06:51 AM
As Jim has pointed out, the law revolves around what "possession" means. Your friend(s), if convicted cannot ever be "in possession" of a firearm.

If they are in your house, in a cabinet (would be better if locked), or on your person under your control, then your friend isn't "in possession". Laying on the coffee table in front of where your friend is sitting on your couch would be something different indeed.

Another option for your friend (assuming it complies with VA law, check to be sure) is to hunt with a muzzleloader. They are not considered firearms since they do not load from the breech or fire a metallic cartridge. Even with a felony conviction you can own and hunt with one.

Last year I had a fellow in hunter's ed who was very upfront about the fact that he'd done something stupid in his past and was prohibited from owning or possessing firearms. During the gun handling phase of the class he only handled the muzzleloader as to do otherwise would be technically illegal even though the demonstration firearms we use have been deactivated (no firing pins). I spent a little extra time with him going over the ins and outs of safe muzzleloader handling since that, and a bow, would be the only way he would be able to hunt.

carguychris
May 20, 2009, 10:35 AM
FWIW under federal law, a convicted felon can possess an antique gun manufactured prior to January 1, 1899, or a modern reproduction that's not designed to accept modern metallic-cartridge ammo. These aren't defined as "firearms" under the GCA, and are therefore legal for convicted felons to possess, unless otherwise prohibited by state law.

KingEdward
May 20, 2009, 10:43 AM
one of my relatives is in same boat.

He / we are very careful and generally speaking, he is not around firearms at all in any public arena (hunting / range / gun show / etc.)

When in doubt, keep the gun and the felon apart.

Best for all.

Sometimes in privacy of a home, who cares or what would it matter but
some people talk too much when they leave the home.

Housezealot
May 20, 2009, 12:05 PM
I have wondered about expunged felonies. do they still count?
It's funny I know a lot of grown responsible gun owners that did a lot of supid stuff when they were kids that could have screwed them for life.
makes you wonder how many guys lost their rights over something like bashing a mail box, while I would love to bust the @$$ of the little &*%% that pull that crap on my street I wonder if they even know what they are risking?

Paul B.
May 20, 2009, 03:04 PM
"I have wondered about expunged felonies. do they still count?
It's funny I know a lot of grown responsible gun owners that did a lot of supid stuff when they were kids that could have screwed them for life.
makes you wonder how many guys lost their rights over something like bashing a mail box, while I would love to bust the @$$ of the little &*%% that pull that crap on my street I wonder if they even know what they are risking?"

I think it depends on what state you live in. Some states will allow felons who have served their time after a period of probabtion upon release to apply to the court that convicted them for restoration of all their civil rights. If granted, they can once again possess firearms. I believe that this usually applies only to first time offenders. I know that some people are adamently against this policy, but that's too bad.
Arizona is one state that has by law, allows felons to apply to the court for restoration of civil rights. I have a neighbor who screwed up and was made a felon. (I think he was railroaded, but that's JMHO. I won't go into the details which I am quite familiar with.)
Arizona not only restores people's rights, but a felon who has had his rights restored or the crime expunged can apply for and receive a CCW. Go down to sec. E number 3 for the details.
Paul B.



http://www.azleg.state.az.us/FormatDocument.asp?inDoc=/ars/13/03112.htm&Title=13&DocType=ARS

rburch
May 21, 2009, 10:35 PM
One of them asked me a question last night...

Since they aren't convicted yet, can they be around guns?

I know they aren't supposed to have any, and that they wouldn't be able to buy one. But could they go shoot skeet one day or is it forbidden?

rantingredneck
May 22, 2009, 07:23 AM
They can't purchase one, because the 4473 specifically asks about being "under indictment for.....". I do not know about "in possession of" when it comes to indicted but not yet convicted felonies.


I'd like to know the answer to this one too????

45Marlin carbine
May 22, 2009, 08:09 AM
in some states felons convicted of crimes including firearms or violence cannot purchase a hunting license.

Bartholomew Roberts
May 22, 2009, 09:08 AM
Important point: There is federal law and there is state law. State law may have different or similar prohibitions in addition to federal law and you need to make sure you are in compliance with both. For example, federal law doesn't prohibit muzzleloaders or antique firearms because those are not "firearms" under federal law - however, state law might prohibit both of those and consider them firearms.

As far as under indictment; but not convicted... here is what I found in 18 U.S.C. 922(n);

"(n) It shall be unlawful for any person who is under indictment for a crime punishable by imprisonment for a term exceeding one year to ship or transport in interstate or foreign commerce any firearm or ammunition or receive any firearm or ammunition which has been shipped or transported in interstate or foreign commerce."

The full text of 922 can be found here: http://www.law.cornell.edu/uscode/18/922.html

I haven't read all of 922 and don't have the time to give it a thorough analysis, so I certainly wouldn't go on just my take; but looking only at the section of 922(n) that I quoted above, it looks like they can be around firearms and ammunition so long as they do not 'receive' them.