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November 30, 2018, 04:15 PM | #1 |
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Felon this, felon that...
If a person has firearms and then commits a felony, once they are found guilty, does the court order police to go check their abode's and confiscate any and all firearms? I realize they will go to prison first but upon release will the courts order a search for the home that they will be living in? How does it work?
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November 30, 2018, 05:20 PM | #2 |
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As long as you're on parole after getting out of prison they have the right to walk in to your house and look for any violations until your parole ends. That's the conditions of parole. They find a gun, drugs, associated felons and you might just end up finishing your sentence back in prison.
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November 30, 2018, 08:28 PM | #3 |
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I find it interesting that once the sentence is served, felons can vote again in most states ..... the only civil right that is lost forever (unless one gets a pardon or gets the conviction expunged ) is the right to possess firearms.
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November 30, 2018, 11:39 PM | #4 | |
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December 1, 2018, 12:13 AM | #5 |
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I heard they could own guns but cant physically possess them. Correct me if I'm wrong.
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December 1, 2018, 04:34 AM | #6 |
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A person convicted of a felony is, per federal law (and most state laws), a "prohibited person" and
and therefore legally banned from buying, owning, or being in posession of a firearm. While the spouse or family of a prohibited person may have a firearm in the same home, it is supposed to be secured in such a manner that the prohibited person does not have access to it (i.e. locked in a safe that the prohibited person doesn't have the key or combination to). That being said, enforcement of the law is inconsistent at best. In most cases I'm aware of, upon becoming a prohibited person, most people who wish to remain in compliance with the law will give, sell, or otherwise transfer their firearms to a non-prohibited person (often a friend or family member). I would expect that whether or not the police would come to sieze a prohibited person's guns would probably depend a lot on the jurisdiction. |
December 1, 2018, 06:59 AM | #7 | |
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If, however, the defendant served his entire sentence as "flat time," then there won't be a search waiver on file, and the police would have to develop probable cause and go get a warrant to search the house.
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December 1, 2018, 07:07 AM | #8 | |||
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But ownership and possession should not be confused. At least in theory, a convicted felon could own firearms, so long as he does not possess them.
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December 1, 2018, 01:49 PM | #9 |
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I suppose its probably just never been challenged in any court case, and Im just an "armchair quarterback lawyer"... so again correct me if Im wrong. But as "ownership" is not the same legal definition as "possession".....
So a prohibited person can possibly come into ownership of a gun (e.g.: an inheritance), or already owned a gun before their conviction... could have the gun stored and cared for by someone else as long as the prohibited person does not have possession or access to the guns and his ownership is not otherwise prohibited as an additional term of his conviction or parole. would that be correct?
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December 1, 2018, 06:04 PM | #10 |
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My understand (and I'm not a lawyer) is that a felon can legally "own" firearms, (not physically possess) long enough to legally sell them or bequeath them through a lawful third party.
Grandpa wills Jimmy his shotgun, remembering only when he took Jimmy hunting as a boy, and passes, but Jimmy is now a 23yr old convicted felon. Jimmy now owns the gun, but cannot possess it, it is held in trust by grandpa's estate, until Jimmy agree to sell it to a legal buyer or gives it to a legal recipient. I think this is how it is supposed to work, but contact a real lawyer for the actual process.
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December 1, 2018, 06:46 PM | #11 |
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So ... a convicted felon can't own stock in a company that manufactures firearms?
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December 1, 2018, 11:53 PM | #12 | |
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December 2, 2018, 01:05 PM | #13 | ||||||
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"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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December 2, 2018, 01:38 PM | #14 | ||
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However, as Frank's post spells out, there is a distinction between ownership and possession. |
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December 2, 2018, 09:43 PM | #15 |
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I knew that, AB, and the paper stock certificate isn't a firearm, either.
backatcha!
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December 3, 2018, 12:12 AM | #16 |
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Funny, I encountered this a couple years ago. Someone I charged with a felony was convicted (his guns were confiscated by the ensuing search warrant that lead to his charges). He hired an attorney and came to the PD with his aunt (who was all of 80 years old) and an order signed by a judge stating that his firearms would be released to her. We told her that we would be happy to get them out of the evidence room, but we warned her that if we ever found any of those firearms in his possession that she would be in danger of being charged with a felony for transferring possession to him. It was confusing for her because the order acknowledged that he owned the firearms. I had to read the portion to her that stated she would be required to maintain possession, as it was written in legalize, and upon hearing she could be charged if the guns wound up back at his house she decided she didn't want to go through with it.
He finally did have a friend who agreed to take the guns. I have no clue if said friend did it right. If another crime ever comes up for which a search warrant is issued for defendant's residence, I guess we will find out. And again, as I've said before, I don't agree with the automatic prohibition on possession of firearms by ANY felon. Many petty crimes have been elevated to the level of felony these days. If it isn't violent, or it isn't a pre-planned complex criminal conspiracy to defraud the masses, it really shouldn't be a felony IMO. EDIT: And then there are those who waited 30 minutes to obtain help for someone who tries to commit suicide by overdose at their residence, attempts to take said victim to the hospital but can't load them in the vehicle, attempts to destroy the suicide note and the remnants of the drugs taken to cause said suicidal overdose, and only when a neighbor sees 2 men attempting to load a limp body into a vehicle and calls 911 does the victim get some help. All because there were some drugs in the house and the idiot didn't want to get in trouble if the police came. Those guys, yeah they pretty much deserve what they get.
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December 4, 2018, 10:10 AM | #17 |
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Interesting, 5Whiskey. Thanks for that input. Working at a Gun store like I do, in Texas, I see a BUNCH oh under 25 yr olds that have permanent residence now because of obama. I don’t think they should be able to buy guns at all. They are all interested in 1911 38 Super pistols. The kind that are popular in Mexico and are known down there as “38 Supers” where we in America say “1911’s”. The more shine, (bling) the more they like them.
Last edited by Roamin_Wade; December 5, 2018 at 02:51 PM. |
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