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Old June 12, 2013, 11:08 PM   #20
Frank Ettin
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Join Date: November 23, 2005
Location: California - San Francisco
Posts: 9,471
Quote:
Originally Posted by Paul B.
...When my neighbor finished his sentence, I had the pleasure of helping him bring his guns home....
There's a disconnect here. Under federal law one is generally prohibited from possessing a gun whether he is convicted of a federal felony or a state felony. It's not enough that one has served out his sentence.

!8 USC 922(g)(1) defines a prohibited person to include anyone (emphasis added):
Quote:
who has been convicted in any court of, a crime punishable by imprisonment for a term exceeding one year;

18 USC 921(a)(20) provides:
Quote:
(20) The term “crime punishable by imprisonment for a term exceeding one year” does not include—
(A) any Federal or State offenses pertaining to antitrust violations, unfair trade practices, restraints of trade, or other similar offenses relating to the regulation of business practices, or

(B) any State offense classified by the laws of the State as a misdemeanor and punishable by a term of imprisonment of two years or less.
What constitutes a conviction of such a crime shall be determined in accordance with the law of the jurisdiction in which the proceedings were held. Any conviction which has been expunged, or set aside or for which a person has been pardoned or has had civil rights restored shall not be considered a conviction for purposes of this chapter, unless such pardon, expungement, or restoration of civil rights expressly provides that the person may not ship, transport, possess, or receive firearms.
So unless your neighbor's conviction fell under the exceptions specified in 18 USC 921(a)(20)(A) and (B), or he went the extra step and got his conviction expunged, he would still be committing a federal crime by taking his guns back.
__________________
"It is long been a principle of ours that one is no more armed because he has possession of a firearm than he is a musician because he owns a piano. There is no point in having a gun if you are not capable of using it skillfully." -- Jeff Cooper
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