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Firearms while on bail

Discussion in 'Legal' started by tyeo098, Jan 20, 2011.

  1. tyeo098

    tyeo098 Well-Known Member

    Just curious, what are firearm collectors/aficionados supposed to do with their gun collections when they are arrested (wrong place wrong time maybe?) for a misdemeanor/felony?

    I'm in Florida if that matters.

    I know if you're convicted of a felony its game over, but what about when you're just arrested/out on bail?
  2. stanger04

    stanger04 Well-Known Member

    I would put them with family, remember a mis. that can carry a punishment of 13 months is just as bad as a felony, until you apply and try to fix it if you can.
  3. Aaron Baker

    Aaron Baker Well-Known Member

    That depends on your bail/release conditions.

    When I was a deputy magistrate in Alaska, there was no standard release condition regarding firearms. If you were charged with a violent crime, I might restrict your possession of weapons, but not if you were charged with DUI.

    If your release conditions say not to possess them, then I would have a friend or family member hold onto them for you.

    However, also realize that being on release conditions does not subject you to warrantless searches the same way that being on probation does. So you might simply take a note from the "concealed means concealed" book and not worry about it. That is, unless there are people involved that know better. If you beat your wife within an inch of her life and they tell you that you can't have guns while you're on bail, you'd better find someone to hold them, because your wife probably knows you have guns and would be willing to rat you out. (Of course, if you beat your wife, you get no sympathy from me.)

    stranger04: I'm not well versed in Florida law, but in general, the dividing line in most states between a felony and a misdemeanor IS whether it can carry more than a year in jail. A possible penalty of 13 months IS a felony in most states (if not all).

    Aaron (who is a lawyer, but is not YOUR lawyer)
  4. Deus Machina

    Deus Machina Well-Known Member

    You know, I'm curious about this, too.

    Release conditions notwithstanding, the buying forms (in Florida, at least) prohibit you from buying if you're under indictment, though I can't remember if that's for any arrest or just felonies. Being on bail would certainly count as that.

    Either way, I'd personally prepare for the worst. Contact a lawyer if it comes up, grease 'em really well and drop them off at dad's house or the like.
  5. brboyer

    brboyer Well-Known Member

    The 'buying forms' you speak of are, at a minimum, the same for every state: ATF Form 4473. Florida has no additional paperwork.

    Federal law prohibits transfers (purchases, etc) to any person under indictment for any Felony.

    Florida law only prohibits it for "Dangerous Felonies":
    • Criminal anarchy under ss. 876.01 and 876.02.
    • Extortion under s. 836.05.
    • Explosives violations under s. 552.22(1) and (2).
    • Controlled substances violations under chapter 893.
    • Resisting an officer with violence under s. 843.01.
    • Weapons and firearms violations under chapter 790.
    • Treason under s. 876.32.
    • Assisting self-murder under s. 782.08.
    • Sabotage under s. 876.38.
    • Stalking or aggravated stalking under s. 784.048.

    Neither prohibit possession while under indictment, except for DV court Orders.
    Last edited: Jan 21, 2011
  6. Bubbles

    Bubbles Well-Known Member

    Sell them to or consign them with an FFL, and use the funds to pay for a good defense attorney. Firearms can be repurchased down the road; losing your RKBA is much more expensive.
  7. stanger04

    stanger04 Well-Known Member

    Aaron, you right about the state to state thing. What I was getting at is along the same lines as what you said. I am sure I have misunderstood something but (could be only on new purchases, but owning a gun is owning a gun) if I remember correctly inside the 4473 it states convicted of a felony or crime that can carry a punishment of 12-13 mos. It never says convicted and served any time just convicted of a felony and/or a crime that can carry a punishment of 12-13 mos. (don't remember the no.).

    Of course like you said anything with that length of time may be classified as a felony. I guess the best advice to give is " call an attorney or two ".
  8. Art Eatman

    Art Eatman Administrator Staff Member

    Until a grand jury returns an indictment, a person out on bail has (usually) lost no civil rights. Conditions of this release will vary, depending on the alleged crime.

    SFAIK, a judge can set conditions for further bail after an indictment.

    But non-major incidents leading to an arrest and bonding out generally don't affect life before trial.

    Once again: There's no "One size fits all." Varies from state to state.
  9. stanger04

    stanger04 Well-Known Member

    Okay I'll be the elephant in the room, what did you do or plan on doing? lol
  10. Jeff White

    Jeff White Moderator Staff Member

    It's going to depend on the jurisdiction. Here there are boilerplate bond conditions and one of them is not to possess firearms. I think the answer is going to be totally dependent on what court you are in.

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