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msackal May 12, 2012, 01:03 PM Hey guys an gals.
This may sound weird but I thought I would ask before I do.
I am planning a hunting trip and one of my buddies wants to go but he has a 14 year old felony.
The question I have is, can he go hunting with us?
P.S.
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dprice3844444 May 12, 2012, 01:05 PM if he uses a bow and arrow
smalls May 12, 2012, 01:13 PM It's not weird. It's probably one of the most common questions we get here.
He can go with you, but cannot access a firearm. I'm not quite sure if he can take to the field with you, though, if you're going rifle hunting.
He must have his rights restored in order to use a firearm. If he wishes to do this, have him contact an attorney. This may take some time, and may not happen before your trip, but it's worthwhile in the long run.
Depending on your state law, muzzle loaders may not be considered firearms. And as posted above, he may still hunt with bow and arrow.
So let's say you're going whitetail hunting. If you're all going during rifle season, he's SOL. He can only hunt bow season for sure, and possibly muzzle loading season.
Rail Driver May 12, 2012, 01:19 PM Some states also allow felons to hunt with muzzleloading weapons.
JohnKSa May 12, 2012, 01:27 PM He can only hunt bow season for sure, and possibly muzzle loading season.I would be surprised if the game laws prevented a person from hunting with a muzzle-loader during rifle season. It's legal in TX.
It's also legal for a felon to use a muzzle-loading firearm to hunt in TX as long as it's a vintage muzzle-loader or replica.
As always, check the laws in your area.
msackal May 12, 2012, 01:33 PM He is in the process of getting them expunged. I know because I got all the paper work from the wonderful internet. but even when he gets them expunged he still can'tgoand shoot? or even target shooting?
Man that really sucks!
JERRY May 12, 2012, 01:35 PM expunged records do NOT restore rights.
Kevin Rohrer May 12, 2012, 01:44 PM Some states like Ohio, separate felonies into to classifications: Violent and Non-Violent. In Ohio you can have all the non-violent felony convictions you want and still possess firearms.
Expunging convictions restore lost rights as the expungement nullifies the conviction (i.e. it never happened).
Your friend needs to talk to a lawyer in the state he is going hunting in to determine if he is going to have a problem or not.
Disclaimer: I am not a lawyer, I just occasionally play one on TV.
gym May 12, 2012, 03:28 PM I would agree with Jerry on this. Expunged means it is erased. If it is erased then it doesn't appear anyware anymore. It should be similar to a dismissal.
But check with a lawyer
smalls May 12, 2012, 05:13 PM Kevin, felons are banned from firearms ownership by federal law. Ohio cannot grant ownership rights to felons.
I believe some "white collar" felonies, however do not bar firearm ownership.
John, some places do have a specific muzzle loading season, but I guess you could probably hunt with a muzzle loader during rifle season. I'm not sure, I'm not a hunter.
Trebor May 12, 2012, 06:00 PM Your buddy needs to clear this hunting trip with his attorney before he goes with you. There are two reasons for this:
1. He may be violating the law if it is later determined that he "has access" to any firearms on the trip. Even if he's using a bow, or a BP rifle, he might be considered to have access to your firearms unless they are literally in your hands or locked up at all times.
2. This trip may put the expungement of his felony at risk if anything does happen. Is he sure he wants to take that risk?
Varmiter May 12, 2012, 06:26 PM Be very careful about the black powder choices.
First of all, not all BP weapons are considered as ‘non firearms’. Mainly some revolvers.
While he may legally carry an unloaded muscat all day long, the instant it is capable of firing, the game changes.
As stated earlier by others, even if using a bow and arrow, the proximity of access to firearms may preclude his even attending this trip.
If he is in the process of getting his rights back, it is best to wait until that process is complete.
Chris
Kevin Rohrer May 12, 2012, 06:27 PM Kevin, felons are banned from firearms ownership by federal law. Ohio cannot grant ownership rights to felons.
Not meaning to be argumentative, but you may be confusing Purchase (ATF Form 4473 question) and Possession. According to 4473, someone w/ any felony conviction may be barred from Purchasing a firearm.
But the federal government won't be checking you in the field when hunting (unless you are on federal land). It will be a STATE or COUNTY or LOCAL official who checks you, and he only enforces STATE laws. In Ohio, if the hunter isn't barred by STATE law from possessing a firearm, he is Good To Go. And there is no easy way for an official in one state to check another state's criminal records.
blarby May 12, 2012, 06:39 PM Not relating to his access to forearms or anything of that nature, but :
So let's say you're going whitetail hunting. If you're all going during rifle season, he's SOL. He can only hunt bow season for sure, and possibly muzzle loading season.
If this is related to him using a bow during rifle season in Ohio- he would be OK.
You can.
If this was only pertaining to your after-posts of his access to firearms, than feel free to ignore me :)
brboyer May 12, 2012, 09:12 PM Kevin, felons are banned from firearms ownership by federal law. Ohio cannot grant ownership rights to felons.
Actually while a person may apply to the US Attorney General for "Relief from Disability" (Getting gun rights restored), almost all felons get their rights restored via their state. (Most states have a procedure in place for this. I assume Ohio does as well.)
18 USC 921(a)(20), in pertinent part, when defining the term "crime punishable by imprisonment for a term exceeding one year"
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 . . .
And, when defining “misdemeanor crime of domestic violence” in 18 USC 921(a)(33), it is also similarly stated:
A person shall not be considered to have been convicted of such an offense for purposes of this chapter if the conviction has been expunged or set aside, or is an offense for which the person has been pardoned or has had civil rights restored (if the law of the applicable jurisdiction provides for the loss of civil rights under such an offense) . . .
Originally Posted by smalls
I believe some "white collar" felonies, however do not bar firearm ownership.
Those would be:
antitrust violations, unfair trade practices, restraints of trade, or other similar offenses relating to the regulation of business practices
Originally Posted by smalls
John, some places do have a specific muzzle loading season, but I guess you could probably hunt with a muzzle loader during rifle season. I'm not sure, I'm not a hunter.
Federal Law and most states, speak to "Antique Firearms" not muzzle loaders.
brboyer May 12, 2012, 09:20 PM Not meaning to be argumentative, but you may be confusing Purchase (ATF Form 4473 question) and Possession. According to 4473, someone w/ any felony conviction may be barred from Purchasing a firearm.
But the federal government won't be checking you in the field when hunting (unless you are on federal land). It will be a STATE or COUNTY or LOCAL official who checks you, and he only enforces STATE laws. In Ohio, if the hunter isn't barred by STATE law from possessing a firearm, he is Good To Go. And there is no easy way for an official in one state to check another state's criminal records.
In Ohio, if the hunter isn't barred by STATE law from possessing a firearm, he is Good To Go.
You are mistaken.
And there is no easy way for an official in one state to check another state's criminal records.
Wrong again, look up the FBI's NCIC-Interstate Identification Index. It is accessible via all local and state dispatch centers and nearly all MDT's in patrol cars.
JohnKSa May 12, 2012, 09:26 PM John, some places do have a specific muzzle loading season, but I guess you could probably hunt with a muzzle loader during rifle season. I'm not sure, I'm not a hunter.Even if a state has a specific muzzle-loading season, that doesn't necessarily preclude a person from legally using a muzzle-loader during rifle season.
TX has archery, muzzle-loading and rifle season.
During archery season, one can use only archery equipment.
During muzzle-loading season, one can use only muzzle-loaders approved under the Texas Game Laws.
During rifle season, one can use any legal firearm (including muzzle-loaders).
The muzzle-loading season is there to give muzzle-loader shooters time in the field without having to "compete" with people using modern equipment. If they choose to use their muzzle-loaders during the normal firearm season they're welcome to do so.
I don't know how other states' game laws are set up, but I assume there's at least rough similarity.
StrawHat May 12, 2012, 09:34 PM msackal,
So you have had posters from at least six states give you conflicting answers. The best answer so far has been to consult with an attorney from your state. Maybe the one who is handling the expungement could tell you. If consulting an attorney is not possible, he would be wise to stay away from firearms until his rights are restored.
Owen Sparks May 12, 2012, 09:47 PM Suppose you took him hunting but did not know he had a felony conviction because he did not tell you. Could you be charged with anything if you did not know?
newfalguy101 May 12, 2012, 09:59 PM Its illegal for a convicted felon to POSSESS a firearm, mearly being in the presence of guns isnt illegal, near as I can tell
I have always argued that it is NOT illegal for a felon to go hunting or even shooting at a range as the owner of the firearm does NOT give up LEGAL possession mearly by allowing another person to handle or shoot his guns.
Look at it this way, just because some feller offers to let me try his gun at the range does NOT make it mine, or even in my legal possession any more than if I let somebody at the same range try out one of my guns.
The gun belongs to ME, I am in legal posession, even if the other person shooting it is in physical possession.
Now to be straight up, I am fortunate enough that none of the guys I shoot or hang around with have felonies, so its never really been an issue...........and further more, I am not really rich enough to risk this argument in court.....
shootniron May 12, 2012, 10:30 PM I have always argued that it is NOT illegal for a felon to go hunting or even shooting at a range as the owner of the firearm does NOT give up LEGAL possession mearly by allowing another person to handle or shoot his guns.
Wrong...
In order to fire a gun, you must POSSESS it, having it in your hand means that you possess that gun...and if you are a felon, that is illegal possession and a violation of federal law.
newfalguy101 May 12, 2012, 10:34 PM Legal possession requires ownership.
When you let someone shoot your gun thereis no LEGAL transfer of posession
shootniron May 12, 2012, 10:42 PM Legal possession requires ownership.
When you let someone shoot your gun thereis no LEGAL transfer of posession
In law, possession means to hold or occupy, with or without legal ownership rights. If you have control of it, you have possession according to the law.
Despite your arguement to the contrary, it is ILLEGAL for a felon to shoot a firearm.
Legal definition of POSSESS (http://www.lectlaw.com/def2/p057.htm)
Also, just for the record, a felon CAN own a firearm...but it cannot be in his possession.
How a felon can own a firearm (http://en.allexperts.com/q/2nd-Amendment-Bear-Arms/2010/2/Gun-rights-convicted-felons.htm)
dprice3844444 May 12, 2012, 10:43 PM When you let someone shoot your gun thereis no LEGAL transfer of posession
__________________if it's in his hand,he's busted
dprice3844444 May 12, 2012, 10:44 PM msackel,what state are you hunting in and what type felony was he busted for? black powder rifle must be a fixed barrel not requireing a 4473 and not classified as a firearm.no interchangeable barrel type.he might also have to wait 5 years after getting stuff expunged before total restoration of rights.
Milamber May 12, 2012, 11:13 PM A Felon in control of a firearm is illegal. If a felon is travelling in a motor vehicle that is not his and the driver/owner has a firearm in the glove box the felon is busted. Possession has nothing to do with ownership its all about control. Same with DV misdemeanor.
Quote from Georgia Packing
The general definition of possession is having control of an object. Possession does not necessarily mean ownership of an object. Since there are different ways to control an object, the legal system has various ways to describe the different situations in which a person has control of an object (active, illegal, legal, criminal, physical, sole, joint, etc). Most of those descriptions boil down to a person having either Actual or Constructive possession. Actual possession is when you are in physical or close contact with an item. If you are carrying a firearm on your person or under the drivers seat of your car, then you have actual possession of a firearm. Constructive possession is when you have the power and intention to later take control of the object not currently in your actual possession. If you leave your home an lock all your firearms in your safe, you have constructive possession of those firearms. Laws that prohibit possession are judged based on the ability to control an object, which is why it is possible to charge multiple people with possession of a single object because each of those people had the ability to control the object.
Ludasmith May 12, 2012, 11:28 PM It should be pretty obvious by now this isn't the right place to answer your question.
Good luck in finding the answer. If you would, please update us when you do so we might actually have a correct answer in this thread.
shootniron May 13, 2012, 12:15 AM It should be pretty obvious by now this isn't the right place to answer your question.
I think that most of us on this forum actually give an OP of a legal question credit for having the intelligence to understand that definitive legal advice will not be posted to their thread. We also understand that many times when these questions are posted, the OP is really seeking ideas as to where to find the correct answer as well as ideas about what questions to actually ask a qualified person.
I would also go so far as to say that you could poll a respectable sized group of attorneys and get a fair amount of varying opinions from those "qualified" professionals because of the ambiguity of our laws.
smalls May 13, 2012, 03:09 AM Thanks for the clarification on the hunting seasons. Like I said, I don't hunt, so I wasn't positive.
The 1968 GCA says otherwise, Kevin. Felons cannot possess firearms. If your felony is expunged, you are no longer a felon, so you can then own firearms, but until (or if) that happens, being in possession of a firearm is not allowed.
bubbacrabb May 13, 2012, 04:47 AM I would just find another hunting buddy. Not worth the hassle. Also, for him it shouldn't be worth the risk. He did the crime, he will do the time. To me at least that is a life long thing as far as guns are violent or not.
Frank Ettin May 13, 2012, 05:51 AM ...I have always argued that it is NOT illegal for a felon to go hunting or even shooting at a range as the owner of the firearm does NOT give up LEGAL possession mearly by allowing another person to handle or shoot his guns....Wrong.
...Legal possession requires ownership...Wrong.
...In order to fire a gun, you must POSSESS it, having it in your hand means that you possess that gun...and if you are a felon, that is illegal possession and a violation of federal law.Correct.
A Felon in control of a firearm is illegal....Correct.
...If your felony is expunged, you are no longer a felon, so you can then own firearms,...Actually, one needs to check state law carefully. For example, in California one common procedure for having a conviction expunged expressly does not restore gun rights. I don't know if other States may have similar quirks.
bikemutt May 13, 2012, 09:51 AM In WA, an order expunging, vacating or sealing criminal records is not sufficient to restore the right to possess firearms under Washington law.
Pretty much need a pardon or a court order specifically restoring the right to posses.
Kevin Rohrer May 13, 2012, 12:00 PM It should be pretty obvious by now this isn't the right place to answer your question.
No kidding. Some people here are giving good answers, while others are giving their uninformed opinions.
The best answer is to talk to an criminal attorney and ask him. It doesn't cost much to sit down w/ him for a half hour.
This thread needs to be closed.
dogtown tom May 13, 2012, 07:14 PM newfalguy101 Legal possession requires ownership.
Absolutely, 100%, completely, not correct.:rolleyes:
Consider:
1. I do firearm transfers. I am in "legal possession", but do not have ownership of any of my customers firearms. They do.
My customer may have "ownership" of the firearm, but may not take "possession" until after he completes a 4473/NICS.
2. Thieves may have "possession", but certainly do not have "ownership".
3. Gun rentals- the store or range maintains ownership when "renting" a firearm for on site use and BOTH the store/range and customer are in possession.
4. A person driving a car with a firearm in the trunk is in possession of that firearm whether they own it or not.
IANAL, but I do watch COPS and Law & Order.:D
Frank Ettin May 13, 2012, 08:58 PM Legal possession requires ownership. Absolutely, 100%, completely, not correct.
Consider:
1. I do firearm transfers. I am in "legal possession", but do not have ownership of any of my customers firearms. They do.
My customer may have "ownership" of the firearm, but may not take "possession" until after he completes a 4473/NICS.
2. Thieves may have "possession", but certainly do not have "ownership".
3. Gun rentals- the store or range maintains ownership when "renting" a firearm for on site use and BOTH the store/range and customer are in possession.
4. A person driving a car with a firearm in the trunk is in possession of that firearm whether they own it or not.
IANAL, but I do watch COPS and Law & Order...I am a lawyer, and dogtown tom is right on the money.
bushmaster1313 May 13, 2012, 09:18 PM To possess is a tricky concept.
If someone takes a firearm and hides it in a place where he or she has access to the firearm , I can see how that could be construed as "possession".
Jim K May 13, 2012, 09:48 PM GCA '68 incorporates a process whereby a person convicted of a felony can appeal an have his right to buy/possess a gun restored. But one of the first persons to make an application was Spiro Agnew. He was approved, but the liberals went completely berserk and ever since have denied funding to BATFE for implementation of that section of the law.
So, to make a long story short, no matter what state law says, a convicted felon cannot buy or possess a conventional firearm. AFAIK, it is still possible for a felon to buy/possess a muzzle loader or antique firearm.
Interesting idea, Bushmaster. Will that work on a heroin stash also? "Gee, Officer, I am not in possession of those 50 kilos of white stuff, just because I know where it is and have access to it and sell some from time to time." Hmmmm.
Jim
alsaqr May 13, 2012, 10:43 PM GCA '68 incorporates a process whereby a person convicted of a felony can appeal an have his right to buy/possess a gun restored.[QUOTE]
The process is not in effect because the US congress refuses to fund it. Some bad actors who had their gun rights restored went on to commit violent crimes. As a result congress cut off funding for the program.
http://archive.newsmax.com/archives/articles/2002/12/10/142436.shtml
[QUOTE]In 1965, Congress enacted a federal law authorizing the Treasury secretary, through the Bureau of Alcohol, Tobacco and Firearms, to restore firearms rights to felons if they were not "dangerous to public safety" and if the restoration of such rights was not "contrary to the public interest."
However, in 1992 the non-profit Violence Policy Center released a study showing that ATF had approved about a third of the 22,000 requests from felons for restoration of gun rights.
The ATF later conceded that 69 of the felons who had been granted restoration of gun rights had been re-arrested for crimes such as attempted murder, first-degree sexual assault, kidnapping, child molestation, illegal possession of a machine gun and drug trafficking.
Since that revelation, Congress has told the Treasury Department in annual appropriations laws that it may not spend money to act on requests from felons who want their firearms rights restored.
bikemutt May 13, 2012, 11:43 PM GCA '68 incorporates a process whereby a person convicted of a felony can appeal an have his right to buy/possess a gun restored. But one of the first persons to make an application was Spiro Agnew. He was approved, but the liberals went completely berserk and ever since have denied funding to BATFE for implementation of that section of the law.
So, to make a long story short, no matter what state law says, a convicted felon cannot buy or possess a conventional firearm. AFAIK, it is still possible for a felon to buy/possess a muzzle loader or antique firearm.
Interesting idea, Bushmaster. Will that work on a heroin stash also? "Gee, Officer, I am not in possession of those 50 kilos of white stuff, just because I know where it is and have access to it and sell some from time to time." Hmmmm.
Jim
What you say is true if convicted federally; felons convicted by the state are eligible to possess firearms if they meet requirements and follow procedure.
CapnMac May 14, 2012, 12:12 AM What you say is true if convicted federally; felons convicted by the state are eligible to possess firearms if they meet requirements and follow procedure.
I find nothing in my reading of GCA '68 et al which states "only applies to federal; States get a pass"--but, I'm just another snuffie on the internet, what do I know?
Paging NavyLDCR, we need an 04 with a legal bent
mljdeckard May 14, 2012, 12:28 AM That's the beautiful thing about felonies. They age so well, it's just as effective as the day he got it.
Frank Ettin May 14, 2012, 12:40 AM I find nothing in my reading of GCA '68 et al which states "only applies to federal; States get a pass"--but, I'm just another snuffie on the internet, what do I know?...It's really not quite that. I think what you'd be interested in is 18 USC 921(a)(20), emphasis added:(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 if one was convicted of a state felony, but that conviction was expunged or civil rights were otherwise restored, it's no longer a conviction for the purposes of the prohibitions of 18 USC 922(g), unless the restoration of rights did not include gun rights. Furthermore, the conviction, and it's expungement or the restoration of civil rights, would be a state matter.
DMF May 14, 2012, 01:32 AM Not meaning to be argumentative, but you may be confusing Purchase (ATF Form 4473 question) and Possession. According to 4473, someone w/ any felony conviction may be barred from Purchasing a firearm.
You are flat out WRONG. Possession of firearms and/or ammunition by a "felon" (a person convicted of a crime punishable by more than one year in prison) is a violation of federal law. Title 18, Section 922, paragraph (g), subparagraph (1), of the US Code to be exact. The reason it's illegal to purchase a firearm if one is a felon, is because they cannot legally POSSESS it under federal law.
DMF May 14, 2012, 01:49 AM Legal possession requires ownership.Why do people on this forum, and I mean specifically the "Legal" forum, who are completely ignorant of the law, decide to post their horribly untrue thoughts?
One does not have to have any ownership rights to possess an item.
If your car gets stolen, and a person is found to have your car two weeks later, they possess your car, despite the fact that you "own" that car.
If a firearm is stolen from your collection, and a person is found with that firearm in their waistband the next day, they possess your car, despite the fact that you "own" that firearm.
Go ahead and start muling cocaine or meth for a drug cartel. When caught with the drugs tell the court that you're not guilty because although you were transporting the drugs you didn't actually "own" the drugs and therefore you didn't possess the drugs. Let me know how that defense works for you.
:rolleyes:
DMF May 14, 2012, 01:57 AM To possess is a tricky concept.
If someone takes a firearm and hides it in a place where he or she has access to the firearm , I can see how that could be construed as "possession".It's not tricky at all. If someone has dominion and control, or intends to have dominion and control, over an object they possess it.
There is actual (aka physical) possession and constructive possession. In your scenario above the person has put the firearm in a place they have access to it. They had actual possession when they moved it to the hiding place, meaning they were exercising and dominion and control over it. After it's in the hiding place, even though the person no longer has actual (aka physical) possession of the firearm, they still intend to exercise dominion and control over it, and therefore have constructive possession of the firearm.
The example I like to give to illustrate this point is your car keys. When they are in your hand, or in your pocket, you have actual possession. When you put them in the locker at the gym, and go workout, or hang them on a hook by the garage door, and go to your bedroom, you no longer have physical possession, but you still intend to exercise dominion and control over them, and you are in constructive possession of your car keys.
DMF May 14, 2012, 02:04 AM Let's clear up a few more incorrect postings.
Here is the truth about restoration of rights for those with a firearms disability:
http://www.atf.gov/firearms/faq/general.html#firearms-relief
Q: How can a person apply for relief from Federal firearms disabilities?
Under the provisions of the Gun Control Act of 1968 (GCA), convicted felons and certain other persons are prohibited from possessing or receiving firearms. The GCA provides the Attorney General with the authority to grant relief from this disability where the Attorney General determines that the person is not likely to act in a manner dangerous to the public safety and granting relief would not be contrary to the public interest. The Attorney General delegated this authority to ATF.
Since October 1992, however, ATF’s annual appropriation has prohibited the expending of any funds to investigate or act upon applications for relief from Federal firearms disabilities submitted by individuals. As long as this provision is included in current ATF appropriations, the Bureau cannot act upon applications for relief from Federal firearms disabilities submitted by individuals.
[18 U.S.C. 922(g), 922(n) and 925(c)]
http://www.atf.gov/firearms/faq/general.html#firearms-relief-alternates
Q: Are there any alternatives for relief from firearms disabilities?
A person is not considered convicted for Gun Control Act purposes if he has been pardoned, had his civil rights restored, or the conviction was expunged or set aside, unless the pardon, expungement, or restoration expressly provides the person may not ship, transport, possess, or receive firearms.
Persons convicted of a Federal offense may apply for a Presidential pardon. 28 CFR 1.1-1.10 specify the rules governing petitions for obtaining Presidential pardons. You may contact the Pardon Attorney’s Office at the U.S. Department of Justice, 500 First Street, N.W., Washington, DC 20530, to inquire about the procedures for obtaining a Presidential pardon.
Persons convicted of a State offense may contact the State Attorney General’s Office within the State in which they reside and the State of their conviction for information concerning any alternatives that may be available, such as pardons and civil rights restoration.
[18 U.S.C. 921(a)(20) and (a)(33)]
AlaskaMan May 14, 2012, 04:11 PM This is from the US Attorney's Office in Boise Idaho...
“Every case of a convicted felon in possession of firearms will be vigorously prosecuted in federal court,” said Olson. “t should be emphasized that persons convicted in the state of Idaho of certain enumerated felony offenses – including the manufacture, delivery or possession of controlled substances – do not have their right to possess firearms automatically restored upon completion of their sentences and final discharge; they remain convicted felons and are prohibited from possessing firearms unless and until their rights have been restored under Idaho Code 18-310.”
http://www.atf.gov/press/releases/2011/11/111411-sea-caldwell-man-sentenced-for-illegally-possessing-several-firearms.html
It would seem that in the District of Idaho, (9th circuit) you have to be legal to possess under state law to be (relatively) safe from federal prosecution.
bsctov May 25, 2012, 12:41 PM [Removed]
I am not a lawyer, and the above should not be construed as legal advice. For legal advice, consult an attorney licensed to practice in your state. This information was obtained from my own lawyer and other sources.
Frank Ettin May 25, 2012, 12:50 PM ....I am not a lawyer, and the above should not be construed as legal advice. For legal advice, consult an attorney licensed to practice in your state. This information was obtained from my own lawyer and other sources. Note careful.
One is ill advised to risk a federal felony based on something he reads on the Internet.
I don't know if bsctov is right or wrong. But as a lawyer not necessarily unfamiliar with Ohio law, I would not risk a federal felony by relying on what he has posted.
bsctov May 26, 2012, 06:29 PM Frank Ettin,
I have removed my post for the most part out of an abundance of caution. In most states, a "Felony" has a minimum sentenced exceeding 1 year, however, in Ohio, currently the maximum term of imprisonment for a 5th degree Felony is 1 year. Ohio may impose a firearm disability on these people, however, federal law appears not too.
(d) It shall be unlawful for any person to sell or otherwise dispose of any firearm or ammunition to any person knowing or having reasonable cause to believe that such person—
(1) is under indictment for, or has been convicted in any court of, a crime punishable by imprisonment for a term exceeding one year;
*I am not a lawyer, the above information is not legal advice and should not be construed as such, but rather my own uneducated opinion based on reasonable, and currently available sources. You should consult a lawyer licensed to practice in your state for legal advice.*
Regards,
Bsctov
Trebor May 27, 2012, 04:17 PM I posted a thread about felons who were busted as "felons in possession" for renting guns at the S&W range. It's worth a read for anyone interested in what the ATF thinks of felons shooting guns.
http://www.thehighroad.org/showthread.php?t=660374
Alaska444 May 27, 2012, 04:49 PM May 12, 2012, 07:30 PM #21
shootniron
Member
Join Date: January 29, 2012
Location: South
Posts: 153
Quote:
I have always argued that it is NOT illegal for a felon to go hunting or even shooting at a range as the owner of the firearm does NOT give up LEGAL possession mearly by allowing another person to handle or shoot his guns.
Wrong...
In order to fire a gun, you must POSSESS it, having it in your hand means that you possess that gun...and if you are a felon, that is illegal possession and a violation of federal law.
__________________
“There are as many answers to that question as there are reasons men hunt, fight, skydive, gamble or take up with redheaded ladies”
Peter Hathaway Capstick quote
+1, I am not a lawyer, but there is no way that you can allow someone not eligible for gun ownership to shoot your weapons. I became aware a couple of years ago that my son in law had an old domestic violence charge from his younger days. He claims he only restrained his girl friend who was hitting him. The court didn't see it that way and he plead no contest to the charge.
Once I found that out, the issue of what is possession came up when I was doing my CCW class. I can take my gun into his house, but he cannot possess it any any manner. In other words, he can't have access to my safe or handle any of my weapons according to my CCW instructor and he is not even a felon.
Not sure if that is the correct interpretation of the law or not, but I don't feel like taking the chance of having my guns confiscated because of what is on his record.
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