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-   -   recent felon (http://www.firearmstalk.com/forums/f130/recent-felon-94150/)

westworld1 07-20-2013 04:10 AM

recent felon
 
I am 60yrs old and recently had a felony conviction for driving while taking perscribed medication. I would like some data what kentucky considers a firearm eg. muzzel loader. I have a sizeable gun collection wanting to leave to my son.Can rights ever be returned? Thanks

Rick1967 07-20-2013 04:19 AM

I would suggest you consult an attorney in your area. We are from all different parts of the country with all different types of backgrounds. I would not trust anyone's legal advice here. We do have at least one attorney on here. But even they don't often offer legal advise on the internet.

sbeezy 07-20-2013 04:26 AM

I know no one can give him reliable legal advice on here, but out of curiosity what is a person expected to do with their guns once they've been convicted of a felony? Do they sell them or can they be seized?

Not a felon, just curious.

TankTop 07-20-2013 04:30 AM

Just brainstorming but perhaps a gun trust naming your son as executor?

Vikingdad 07-20-2013 04:46 AM

Check with a 2A attorney. That is the best advice you will get.

And sbeezy, I think they don't just go and confiscate all your guns. Here in CA they have recently been going through records (both criminal and firearms registries) and knocking on the doors of convicted felons who are known to have owned guns but there is no record of a transfer saying they sold them. I know of one guy who got a domestic violence charge against him and he immediately sent his guns over to his brother's house to get rid of them. Thing is they didn't do any transfer on them so any records would show that he still owns them.

Best advice? Stay out of trouble.

Axxe55 07-20-2013 05:13 AM

i am not an attorney, nor do i play one on tv, but legal advice on forum is worth, well, not much. best suggestion seek the advice from a real attorney, who is well versed in the laws of your state on firearm issues.

IMO though, i would think with a felony conviction, that in some way you would be required to dispose of any firearms within your possession. being a felon and getting caught with firearms, opens up a hole new set of problems, irregardless of what the conviction was for.

nitestalker 07-20-2013 05:19 AM

Humm! Problem is a felony conviction makes firearms ownership illegal under Federal Law.

c3shooter 07-20-2013 10:17 AM

NOTE: AM NOT A LAWYER. Get legal advice from a lawyer.

I am a gun buff that knows a little about the laws on guns.


First- FEDERAL law prohibits possession (not ownership) of a firearm if you have been convicted of a felony. HOWEVER, Federal law does not consider a gun made before 1898, or a gun that uses loose ball and powder to be a firearm. It is an ANTIQUE firearm. Different class.

Ssame Federal law- ALL states- a felon cannot possess ammo. Powder and #11 caps are not ammo. 209 shotshell primers ARE ammo.

KY law does not appear to distinguish between antique and modern guns. See definition of firearm in KY Code- 237.060 So no to a muzzleloader.

If convicted of a felony you CAN give away or sell your guns. You cannot possess them. Means you cannot hold a gun, or have access to one (I have the keys to the safe).

AGAIN- speak to an attorney, or at least the KY State Police.

AR10 07-20-2013 10:25 AM

Send your guns to me, I will send you a receipt and you are free to go.

MisterMcCool 07-20-2013 10:38 AM

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.

http://www.atf.gov/firearms/faq/general.html

https://www.nacdl.org/uploadedFiles/files/resource_center/2012_restoration_project/State_Law_Relief_from_Federal_Firearms_Act_Disabil ities.pdf

You should also attempt to have the felony expunged.


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