Friend w/ 'record' wants to shoot my pistol...

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rcellis

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Several years ago I had a friend who had some sort of record - don't remember what it was; nothing scary, but apparently disqualified him from owning a gun...

Anyway, I happened to mention that I shot pistol - he expressed an interest in shooting with me sometime.

Never got around to it; but my question: is it legal for me to let him shoot my pistol on a private range?

Clint
 
I think it depends on the state law. Here a convicted felon is forbidden from even picking up a firearm. As soon as they do, they are breaking the law.
 
You don't have to be a convicted felon to be barred from owning firearms. Federal law states that a person convicted of misdemeanor assault and domestic violence can not own firearms. From what I understand the Supreme Courts in most States have over ruled that decision. You don't have to be convicted of anything, even being judged legally insane will show up when you try to purchase a firearm.
 
Laws

OldnamVet et al are right. You should check your state laws. In NC, it depends on what type of conviction that he has. Armed robbery and/or
A&B with deadly weapon with intent...Best that he leave it lay. Not returning a library book and not paying for it when they notify you that if you don't, it's a Class H felony...Let him shoot.
 
Check your local laws to be sure...As much as I enjoy this place & trust the opinions of alot of the members, I would not trust any of the internet lawyers that might chime in.
 
Depends on State law.. and his crime...

NOT A GOOD IDEA in my opinion... some folks are prohibited from even touching handguns...
 
Thanks for the input - thankfully I don't see him much any more, so it's not a pressing issue.

BTW, I would suspect that his offense was probably a dope arrest - he's pretty proud of his current 'clean' status these days.
 
It's probably best that you don't honor your friends request. It just may keep you out of trouble. Of course I'm not a lawyer but it seems like common sense to me but then again I'm not common either.
 
Federal law states that any prohibited posessor, (felon, or misdemeanor DV conviction), who touches a firearm, or ammunition, is committing an offense punishable by federal time of 5 years. This is often pled down, but is still existant, and runs in all 50 states, DC, and posessions. Willfully providing a firearm to someone who you know to be a prohibited posessor is also guilty.

In short, don't do it.
 
I have reported several people to the proper authorities for having firearms with certain convictions. Guess what, the BATFE and the FBI refuse to arrest them. The people I reported are pure proper gradeA+ lunatics too.
 
I took a friend shooting recently who has a marijuana misdemeanor on his record, but it's still perfectly legal for him to own guns. If he was banned from owning guns, I wouldn't risk putting one in his hands.

One friend I used to shoot with years ago had done prison time for assault... he shot someone when he was a kid, unbeknownst to me at the time - so obviously he was not allowed to own weapons... but target shooting is his favorite hobby. He's not involved in anything illegal, and he's actually quite a productive member of society. Wealthy too... but he's got a record. To this day I still see him at the range sometimes.

I know he is not a danger to anyone, so him owning guns, or going to the range to shoot doesn't bother me. Trust me, lots of people who have no business with guns go to shooting ranges. If we were still friends and hung out like we used to, I would not take him up on any offers to go shooting - not because I don't trust him w/a pistol, but because I wouldn't want to risk getting in trouble for "arming", or being with an armed felon.

Nothing I can say is going to stop this guy from owning, buying, or going to the range to shoot his guns. The guys at the range have no way of verifying if he is a felon or not, and probably don't care to be honest. I mind my own business. If he get's pulled over on the way home from the range, and the police discover a gun in his posession, that's his problem. I just know that giving up my 2A rights isn't worth being with him if and when that ever happens.

Use discretion, and use it wisely.

Edit: Folks who act like they don't know ANYONE who has broken the law, are liars... I'd watch them more closely than I watch my friends who do have criminal records.
 
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Point/Counterpoint

Cousin Mike touched on a very good point.

If he's a felon, on a sanctioned firing range engaging paper targets...who's gonna know? I've never seen a raid in which police officers enter a private range asking to see identification and running background checks to determine who can or can't legally handle a gun...and if I ever do, I'll know that the "Police State" has become a reality. Persons barred from possessing or handling firearms generally get caught while carrying and engaging in criminal activity...which serves'em right. People who are engaging in a legitimate pastime are left alone for the most part.

Risky? Sure. Illegal to hand him one? Yep. Worth the gamble? Your call.
Would I knowingly allow a guy who is freshly released from prison on an armed robbery charge to use one of my guns? Nosir. A long-time friend who had a misdemeanor charge of simple assault 30 years ago due to a domestic squabble...and hasn't had a repeat...and found that because of the "Domestic Violence Act" now bars him from even touching an empty gun over something that happened before some of the enforcers of the law were even born?

Would you?
 
I disagree with the law prohibiting non-violent Felons from possessing but the law is the law and MUST be followed. This is NO joke and carries a mandatory 5 year sentence.

The interpretation can be very loose with Felons 'possessing' guns/ammo. Some jurisdictions may even view possession as being in the same room and having access.

Weigh the risk/reward and ask yourself 'why' this guy wants to shoot your gun. He can't own one so he doesn't need to practice for self defense or hunting. Sure it's fun to go out plinking but YOU are going to be breaking the law by suppling him with guns and (probably) ammo. That's a HUGE risk for you to take for a whimsical day of shooting.

Sure nothing is likely to happen. But let's suppose that he accidently has a negligent discharge and hurts someone. How about if you and he are riding in the car full of guns and you get into a serious accident and the police respond. Murphy's law says that you and he might get caught with guns and that's just not something I'd want to have to explain to the police or district attorney.

Responding law enforcement is going to see that he is a felon, he has possession of your gun which you provided. At the very least, if caught, I would expect your guns to be taken temporarily (possibly permanently) and you will be answering many questions to law enforcement. At worst, you could subject yourself to felony charges and, if convicted of a felony, be in serious hot water.

My advice, politely tell your friend you'd like to but have to respect the law and what's at risk for you. If he's a friend he'll respect that. If not then he's not a friend.
 
Law

leadcounsel wrote:

>I disagree with the law prohibiting non-violent Felons from possessing but the law is the law and MUST be followed. This is NO joke and carries a mandatory 5 year sentence.<

Agreed. In most cases, it's an unjust law. An 18 year-old who swipes a
camera that goes over the minimum value for "Grand Larceny" shouldn't be
barred from ownership and possession 25 law-abiding years after the fact any more than we should be held accountable for gettin' snockered at a college frat keg party and being charged with indecent exposure for takin' a whiz
while not-so-well covered behind a sapling.
*****************************

And:

>>The interpretation can be very loose with Felons 'possessing' guns/ammo. Some jurisdictions may even view possession as being in the same room and having access. <<

Exactly my point. If I have a friend who was convicted of swiping an expensive camera in 1975 be unable to visit me in my home because guns are present? I think not. There should be some leeway and discretion in many of these inane laws. I have a close friend who fell victim to the Domestic Violence thing. His drunken girlfriend clawed at his face, and he held her arms to save his eyes. She struggled hard, and had her wrists bruised. She charged him with assault. Even though charges were dropped after witnesses testified, decades later, his guns were taken from his home. He was able to get them back after an expensive 6 month-long battle, but it should never have happened.

Take a lesson, people. This Domestic Violence gun grab doesn't require a conviction to take your guns. All it takes is an accusation.
If you get a notice in the mail over a long-forgotten library book...write the check. In some states, it's a Class H felony if you don't return the book and refuse to pay for it...and according to the law...there are no small felonies.
 
I was convicted of domestic violence for defending myself. I get assaulted then arrested. They almost didn't know what charge they wanted to screw me over with. First it was domestic violence, then assault, and finally aggravated domestic violence. If I had known I was going to get arrested then I would have went all the way :mad:
 
Constructive possession

In Louisiana a felon may not be in or around anywhere firearms are readily accessable.This is known as "constructive possession".


If a felon is in a automobile and the car owner has a firearm in the glovebox he is in constructive possession even if he is not aware of the firearm being in the car.

I made serveral arrests for this over the years--one which was a armed robbery about to begin.

But--the law is different in every state.
 
Loozeyanna

Quote:

>In Louisiana a felon may not be in or around anywhere firearms are readily accessable. This is known as "constructive possession". If a felon is in a automobile and the car owner has a firearm in the glovebox he is in constructive possession even if he is not aware of the firearm being in the car.<
*********

Now, lemme get this straight...A felon does his time, goes straight upon release, and gets a job as a door-to-door vaccuum cleaner salesman...comes to my house to demonstrate his machines...He can go back to jail because he didn't ask me and I didn't tell him about the pistol on top of the fridge...:scrutiny:


Well, bust mah britches and paint mah punkin head UN blue. The Police State exists! No wonder Nagin can get away with suspending the constitution!
 
I didn't mention it here but I have in other forums here and elsewhere that the Demostic Violance laws, including the Brady Bill portion which federally prohobits those convicted (or even accused for a temporary period) from possession and carries the same 5 year sentence, are inane, unjust, and violate the Constitution protections guaranteed under the 2nd, 4th, 5th, 6th, and 8th Amendments.... it's an institutional way for (generally vindictive women) one partner to ruin the life of another partner using the institution of law and some accusations (truthful or not, generally exaggerated).

But it's JUST the Constitution afterall...

So, the moral.

1) Don't let your ex-con and ex-domestic abuser friends use your guns, no matter how much you disagree with the law;

2) Work toward getting the laws changed.
 
Murder or Theft makes no difference it is about personal accountability! To have someone say XX does not count, well wait till your home is violated then tell us how you feel? If a conviction precludes possession of firearms that is a consquence to a person's action. People can get their rights restored of course through legal channels.
 
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