convicted felon and firearms

[Evan Thomas]

Originally Posted by Bella

Do dope dealers cause harm?

Your original question was "What would be an example of a nonviolent felony?". A couple have been given, and one might add several others: fraud, theft, blackmail, drug possession, some sexual acts between consenting adults (still felonies in several states) -- just to name a few.

The question of whether all felonies cause harm to society is a quite different and rather complex one, and it's off-topic for this discussion.

[44 AMP]

There is no reason, that after a person has paid their debt to society for a non-violent crime, a person should not have their rights restored.

I agree. And these things should be done on a case by case basis. The law does provide an avenue for this.

HOWEVER, I am given to understand that, on the Federal Level, it is currently not funded (and hasn't been for some time).

Also, depending on where you are, and what the felony was, there may be a state level or rights restoration you would need, as well. You need to find a competent lawyer familiar with your state situation to get a good idea of what it would take in your situation.

[Tom Servo]

HOWEVER, I am given to understand that, on the Federal Level, it is currently not funded (and hasn't been for some time).

It's been defunded since 1992. There's more info here.

I'm unclear as to who actually wanted this defunded, since parties on both sides of the debate have taken credit for the situation at various times.

[Aguila Blanca]

Originally Posted by godot

There is a question on the Federal purchase form that asks if you've EVER been convicted of a felony. Even if the felony is expunged you'd still have to answer yes, thereby blocking the sale.

The laws applicable to expungement make it pretty much like having a marriage annulled rather than getting a divorce. If the record has been expunged, generally it is legal and proper to answer "No" to the 'Have you ever been convicted of a felony" question.

[markj]

Even if the felony is expunged you'd still have to answer yes, thereby blocking the sale.

There is a place where you can explain the felony and provide the paper work shows the felony was wiped out. It still may show up on a NICS report so get the paper work too. Then you can go to the sherrifs office and get the permit to carry or purchase, they may keep a copy of the paper work.

Seen it done in person in Nebraska and iowa, felony conviction was "set aside" by a fed judge. Granting the person his gun rights. Go to the courthouse and seek out these questions, there may be legal help for you at no charge.

[steve4102]

Originally Posted by Frank Ettin

Plus, the guy who lawfully possesses the guns in his home can be prosecuted for aiding and abetting the unlawful possession of a gun by a prohibited person.

I could use some clarification here.

I have read this or similar several times on forums like this.

In the state of florida, you can not be in possession of a weapon, or anywhere a weapon is, period, The same applies for fed felonies

This says to me that even If I have my firearms locked in a safe and the "felon has no access, I am in violation of the law if I have a Felon in my home. True?

What about my vehicle? Can I carry my handgun in a vehicle if a passenger is a Felon?

[Frank Ettin]

Originally Posted by steve4102

I could use some clarification here.

I have read this or similar several times on forums like this.

...

See the case of United States v. Huet, 665 F.3d 588 (3rd Cir., 2012). The Third Circuit (Pennsylvania) let stand an indictment for aiding and abetting the unlawful possession of a gun by a prohibited persons in a situation in which a gun owner had a cohabitant who was a prohibited person. In that case the gun the prohibited person was charged with possessing was not secured against the prohibited person's access, supporting both the prohibited person's conviction for unlawful possession of a gun and the indictment of his cohabitant. From the opinion (at pg. 593, emphasis added):

...on June 6, 2008, a valid search warrant (the “search warrant”) was executed on the couple‟s Clarion County home. Agents seized an SKS, Interordnance M59/66 rifle (“SKS rifle”) from an upstairs bedroom.

Although Huet is legally permitted to possess a firearm, Hall was convicted in 1999 of possessing an unregistered firearm, in violation of 26 U.S.C. § 5861(d), and is therefore prohibited from owning or possessing a firearm. After being informed of the raid, Huet allegedly told investigators that the guns in the house belonged to her and that it was not illegal for her to purchase weapons. Despite Huet‟s assertions that she alone possessed the SKS rifle, the Government sought and obtained an indictment charging Hall with illegal possession of the weapon, and Huet with aiding and abetting Hall‟s possession....

Originally Posted by steve4102

...This says to me that even If I have my firearms locked in a safe and the "felon has no access, I am in violation of the law if I have a Felon in my home. True?

What about my vehicle? Can I carry my handgun in a vehicle if a passenger is a Felon?

If a gun is locked in a case or a safe to which only you have the key or combination, or if the gun is on your person, you can argue that no one else has access to it.

[steve4102]

So, the deciding factor is whether or not the felon has access to the firearm, not whether the Felon is in close physical proximity of a firearm?

[Aguila Blanca]

Even if the felony is expunged you'd still have to answer yes, thereby blocking the sale.

The question is #11.c. The instructions for question 11.c say:

EXCEPTION to 11.c. and 11.i.: A person who has been convicted of a felony, or any other crime, for which the judge could have imprisoned the person for more than one year, or who has been convicted of a misdemeanor crime of domestic violence, is not prohibited from purchasing, receiving, or possessing a firearm if: (1) under the law of the jurisdiction where the conviction occurred, the person has been pardoned, the conviction has been expunged or set aside, or the person has had their civil rights (the right to vote, sit on a jury, and hold public office) taken away and later restored AND (2) the person is not prohibited by the law of the jurisdiction where the conviction occurred from receiving or possessing firearms. Persons subject to this exception should answer “no” to 11.c. or 11.i., as applicable.

[godot]

OK apparently under some circumstances, convicted felons can get their convictions expunged and have their gun rights restored. I was wrong.