Convicted Felon and guns

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WhoKnowsWho

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Explain to me a bit more about being a Felon and guns. I haven't read much about it as I am not a felon, but I have a friend who is (was?) so he cannot buy a firearm. That also includes simple possession of a firearm, whether he owns it or not, right?
 
Yes it includes simple possession of a firearm, as well in GA the act of transporting a firearm.
Sometimes if the felon is on probation a stipulation of the probation will include even knowingly being in the presence of a firearm not in possession by a duly sworn peace officer.

The laws will vary slightly from state to state.
 
Speaking as a non-felon myself :D I don't see any reason why, in virtually every state in the USA it is illegal for a non-violent felon to possess a firearm. The punishment doesn't fit the crime any more in these times of legislatures that felonize trivial but irritating offenses just to "do something."

Violent felons or even misdemeanor offenders, I think, should have their 2A rights potentially at risk. I don't believe it's simple prior restraint to thwart an offender's likely misuse of a gun, as long as that has been determined by competent, objective authority.

TC
TFL Survivor
 
Leatherneck has a point. It makes no sense to take guns away from a banker who embezzled money but allow a street brawler to keep them?

On the other hand, if the felon (no matter his crime) is safe and rehabilitated enough to be let out, why impinge his RKBA? If he's too dangerous to have guns, why let him out?
 
don't see any reason why, in virtually every state in the USA it is illegal for a non-violent felon to possess a firearm.
Click to expand...
Note how more and more "crimes" are being moved into the felony catagory. Perhaps the goal is make felons out of us all eventually. It is much easier to control a population of criminals afterall....back door gun confiscation.
tinhat2.gif
 
Cannot even have access to a gun.

Officer could lose job over gun
Wife arrested on parole violation after weapon found in bedroom.
By Doug Hoagland
The Fresno Bee
(Published Friday, January 31, 2003, 5:28 AM)



A Fresno police officer could be fired after marrying a woman who served time in prison for attempted murder and then violated her parole in December by having access to his department gun.

Parole agents found city police officer Ray Holquinn's gun, pepper spray, baton and cartridges on the floor of his bedroom near the bed, where his bride had been sleeping.

Holquinn and his wife, Tanya Marie Holquinn, knew his gun had to be kept in a locked safe or locked gun cabinet for her not to violate parole, said Bill Sessa, spokesman for the California Board of Prison Terms.

Holquinn said he tried to find out what to do with his gun at home, but one parole agent gave him incorrect information and another agent wasn't in the office. Holquinn said he kept the gun in a safe until the day before his wife was arrested: "It was my mistake leaving the gun [in the bedroom]."

During an interview Tuesday, Holquinn provided details about a relationship that stunned fellow officers when it was first reported. Holquinn acknowledged the novelty of the situation: "This is totally irregular -- a cop marrying a parolee."

Holquinn said he believes his wife's past is being held against her: "Nobody wants to let it go and let her live a life."

Tanya Holquinn is now back in prison as she awaits a hearing to determine how much time she will have to serve for violating parole. She faces a maximum of one year.
Click to expand...
http://www.fresnobee.com/local/story/6028251p-6984539c.html

There is a provision in federal law for a convicted felon to receive "relief from disabilities" and have his gun rights restored. Unfortunately, since the Clinton administration, congress has not saw fit to provide funding for this branch of ATF to allow for the processing of any requests.
 
Gun-grabbers aren't interested in any concept concerning "fairness." To the degree they can they want to prohibit gun ownership to as many people as they can, and past felons or domestic abusers - even those which were convicted of misdemeanors - make easy targets.
 
Before the feds pre-empted state laws with their "one size fits all" ideas, it was legal in Texas for an ex-con--even violent felons--to have a gun in his home for self-defense. He couldn't carry nor hunt, but self-defense in one's home was regarded as an inalienable right.

Along came Fed, and now it's illegal for one convicted of a misdemeanor spousal abuse or family violence to possess any firearm. The feds make no distinction in felonies as to violent or non-violent. There is a labrorious process through BATFE to regain one's rights, but since they have budgeted no money for that activity, regaining one's rights is now impossible.

It is a felony for a felon to "be exposed to" any arms or even ammo, SFAIK.

If you look on the 4473, it asks whether you've ever been indicted of a crime for which the penalty could be two or more years imprisonment. This created quite a stir in Texas when somebody pointed out that even misdemeanor Driving While Ruint could carry a two-year sentence. Even BATF didn't want to mess with that mess, and declared DWI to not be applicable...

Art
 
WhoKnowsWho:

If your friend is residing or visiting Arizona be aware that we have state laws that prohibit a convicted felon from possessing a firearm in some instances. Such persons are defined as "Prohibited Possessors" but in some cases the Arizona law may be less restrictive then the federal statutes which also apply. However be sure to check both.
 
Arizona follows fed statute - a felon may not touch any firearms or ammunition, period. The simple act of touching such carries a 5 year sentance - I have at least two in my unit serving for such. Such time may be served state or fed, which means an AZ felon could find himself in upstate New York....oops.
Why do we let them out? Easy - if thier sentance is up WE HAVE NO LEGAL RIGHT TO KEEP THEM! We try to press street charges for assaults inside, but many liberal judges dismiss them. Sometimes it works - one idiot was less than a year from getting out on car theft, and killed another inmate for stealing his koolaid. We executed him some time ago....
If you want to make a differance in how long violent felons stay behind bars, then you need to look up records of judges, and then vote them in or out based on that. They are the ones, and the only ones who control that.
Last, yes Congress defunded the BATFE for felon rights restoration, 2nd Amendment specific. All other civil rights may be restored except that one. A Texan wrongly convicted in another country appealed through a Fed judge, had them restored, then higher authority said only ATFE can do it, and overturned that!
Contact Congresscritters and ask them to refund restoration for non-violent felons, if you want. That is the only way THAT will be solved....
 
Thanks for the information.

Too bad, even though all he did was have some pot too close to a elementary school, non-violent, but, no guns for him ever again.
 
Sometimes if the felon is on probation a stipulation of the probation will include even knowingly being in the presence of a firearm not in possession by a duly sworn peace officer.
Click to expand...

So if this felon on probation visited a friend/relative's house and that person owned guns
the felon will be considered in volation of his probation? Considering that almost everyone
down south owns guns it then impossable not to volate his probation.

Arizona follows fed statute - a felon may not touch any firearms or ammunition, period. The simple act of touching such carries a 5 year sentance - I have at least two in my unit serving for such. Such time may be served state or fed, which means an AZ felon could find himself in upstate New York....oops.
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That is stuped...

Bill Meadows
 
Too bad, even though all he did was have some pot too close to a elementary school, non-violent, but, no guns for him ever again.
Click to expand...

How much did he have? I tought you had to have a certain amount or be selling it to be conveted. Or was this under GA's laws.?

Somehow I have a lot of trouble working up sympathy for felons.
Click to expand...

Maybe you should. It's very easy nowdays to become a convited felon, look at Martha Stewted, or those four busenessmen who was importing lobster tails from Hundoreus.

Consider how many things the FED and the states made felonlys that were a few short years ago prefectly legall.

Bill MEadows
 
Speaking as a non-felon myself I don't see any reason why, in virtually every state in the USA it is illegal for a non-violent felon to possess a firearm. The punishment doesn't fit the crime any more in these times of legislatures that felonize trivial but irritating offenses just to "do something."
Click to expand...

You have an excellent opinion, and one that I've held for some time. Criminals who have been released and have satisfied their parole/probation requirements should have their rights reinstated, provided their background does not include violent crimes. They have, in the lingo of many leftists, paid their "debt to society".

The ironic thing of course is that many leftists have argued this point and have used rehabilitation potential in a variety of circumstances, but have excluded gun rights from the discussion of course. Specifically, their arguments have encompassed voting, no doubt due to the many studies that have indicated that Democrats would receive 70%+ of these votes in question.
 
The ironic thing of course is that many leftists have argued this point and have used rehabilitation potential in a variety of circumstances, but have excluded gun rights from the discussion of course. Specifically, their arguments have encompassed voting, no doubt due to the many studies that have indicated that Democrats would receive 70%+ of these votes in question.
Click to expand...

I have always thought that if person isn't allowed to own a gun then why should he be allowed to vote or hold public office?

Bill Meadows
 
I dunno, I'm not keen on gun control period.

I figure an embellezzer gets out whom served his time, he can perhaps help in keeping the gov't from stealing our monies more than they already do. Let him have his guns...

The serious offenders are not going to be released...

There is that Heinlein idea about the STATE will makes laws such everyone is a felon....have to control the peasents somehow..

So what - all felons are created equal - some more equal than others when the STATE enacts us all as felons?

( apology to Orwell and Animal Farm)
 
What's it called?

Isn't there a provision for felons that states that their records can be expunged if they show that they have been fully rehabilitated, and have become productive members of society?
 
This thread comes up every few months. I'll give my usual response.

It will be a very cold day in Hell before I campaign for felons to be given access to firearms.
 
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