Self-Defense, Home Usage, Ownership

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momchenr

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I was 18, working at a gas station - took some money out of the till and then got caught. Paid all $200 back, have been a stellar citizen for the past 10 years, but still have an M-1 misdemeanor on my record. Only had to pay court costs, but an M-1 misdemeanor carries the potential to have jail time associated with it, and I had to subsequently sign a document saying that I understood I would not be allowed to buy a firearm.

I've never tried. I've talked to a couple of sheriffs about it, and they mostly say that this means "purchase", but "possession" is something else. Under this assumption, I've asked my wife to purchase, under her name, a handgun and a shotgun for the purposes of self defense in our home.

So she's away on business, and I'm wondering - what happens, worst case scenario? Someone breaks in, tries to kill me, and I use a handgun registered to my wife... lawyers have told me that it would all depend on the judge - that some might say I have absolutely no business touching a firearm, and get me in trouble... while others might side with some of the sheriffs saying that if I was genuinely in the right to take a life in self-defense it wouldn't be a problem.

Ever heard of a situation like this?
 
Was the max possible sentence more than 1 year?

If so, you can neither possess nor purchase as long as that's there. From the point of view of gun laws you are a convicted felon.

If the max sentence was less than a year it's a different ball game.

And may depend on state law of course, but the more than 1 year thing is pretty commonly used as the definition of felon.

From the reality side, whether or not a felon (using the legal term, no offense intended) has a right to defend his life with a firearm is something you'd have to fight out in trial unfortunately.
 
Ever heard of a situation like this?
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Yep. Contact a lawyer. You have no real understanding of what your were convicted of, what your probation was, and what the permanent provisions of that conviction are.

Generally a person who is prohibited from purchasing a firearm due to a criminal record is also prohibited from possessing a firearm which also includes constructive possession meaning that you may not have the firearm on your person at the time, but if it is found in your home or your vehicle and you could have access to it, you are, by definition, in possession of it.

I am guessing the "no firearms" was part of your probation, and the restriction should have ended with the end of your probation.
 
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momchenr said:
... Under this assumption, I've asked my wife to purchase, under her name, a handgun and a shotgun for the purposes of self defense in our home...
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Asking someone to purchase a gun on your behalf is called a "straw purchase" under federal law and carries a maximum sentence of 10 years for each person involved.

Starting with the court you were tried in I would seek a written statement that your firearms rights have been restored then go on down to the gunshop and fill out the 4473 for yourself.

If it is determined that you cannot own a cartridge firearm chances are you can still own a blackpowder firearm, a ruger old army beats a kitchen knife any day.


PP
 
f it is determined that you cannot own a cartridge firearm chances are you can still own a blackpowder firearm, a ruger old army beats a kitchen knife any day.
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Be careful with that, some states definition of "firearm" can include black powder even if Federal doesn't.

Just be careful with this stuff.
 
When you have a real life legal problem, such as you have, you need a real life lawyer, in your State, who is familiar with the applicable law. Your freedom and future are at stake, so you don't need a bunch of anonymous folks on the Internet who may or may not know what they are talking about.

In addition, communications with your lawyer are confidential. What gets posted here is not.
 
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In addition, communications with your lawyer are confidential. What gets posted here is not.
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Excellent advice, especially considering that if a prosecutor considered your post as evidence of a straw purchase, you could be looking at a charge much more serious than the one you were convicted of - for you AND your wife.

Even on the chance that you can actually get good legal advice on the Internet (and considering none of us know what state you are in and therefore the relevant state law, that strikes me as a questionable proposition at best), the confidentiality of a lawyer can be a lifesaver.
 
I've done a little lookin and it appears that a genuine "antique" gun is not legally a "firearm" under federal law. There is no place for a pre-1899 manufactured gun in the "bound book".

A friend was convicted of auto theft more than 50 years ago and has been a model citizen since but canNOT legally own nor posses a firearm, not even a modern muzzle loader.

Some state laws might say differently - California defines most any device that will propel a projectile along with any firearms statutes.
 
TALK TO A LAWYER
and get a criminal background check on yourself
and make sure you still have the court documents

BECAUSE
it depends on the state, some states ban prohibited persons from black powder, air rifles, and guns.

As for antiques, that is completely different, they are still firearms, just regulated (or not) a different way.
 
Good advice, state laws vary tremendously, I was talking primarily about Federal Statues/rules/regulations/hopes/wishes/dreams. States can put you in prison and/or make your life miserable also!

Bob
 
I might also add that in some states, if you are a convicted felon (as stated above - no offense, just a legal term) it may even be illegal for there to be firearms in your home, regardless of whether you yourself touch them or not. Aside from that, if your wife buys them, you are walking a very fine line (one which can moved a bit in either direction by either a judge or a jury) and run the risk of being convicted for a straw purchase - which would make both you and your wife felons, and put you both into prison. Ask a lawyer.
 
Writing as a lawyer, my thought is that you need a lawyer before you and your wife make any decisions. As was pointed out earlier, you should have a lawyer from your own state who can advise you on the laws of your state as well as the federal laws. It will be small price to pay given the potential consequences.

You may also wish to inquire about the possibility of vacating your previous plea, if possible under your state law. If it is possible to do, it is better than expunging your record. Good luck.
 
It may or may not be legal for you to possess.

There is also separate federal and state laws.
Being legal under one does not mean you are legal under the other.



The wife purchasing firearms for the home and herself would not be a straw purchase as others have suggested.
The wife purchasing guns for you may be.
Whether you can have access to them depends on your state laws, and the law in the state you were convicted in.
Some states have misdemeanors punishable by a maximum of over 2 years (even if you get probation or even just an hour of community service it is the maximum possible sentence that counts not what was actually given.) Those count as felonies at the federal level.
So that would determine if you could possess outside of that state where the conviction occurred even if you cannot in the state (if the state actually does still prohibit you).
 
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