Shooting with a felon?
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Shooting with a felon?


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Old 11-29-2013, 10:45 PM   #1
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Default Shooting with a felon?

Here's the deal, couple of guys at work know I go shooting most weekends and they asked if they could come with me. Ones a young guy, bout 19 20, never shot a gun before so I say sure, the other guy is early 30s, but has a felony from when he was 19 in the Marines and got into a fight in a bar with the locals and ended up using one of their knifes on them after they pulled it. Didn't kill anyone but lots of stitches were in order, long story short, he was kicked out of the Marines after he was charged with a felony assault and battery.. now I know he cannot own a gun, but is it legal for a felon to go to a shooting range and shoot my gun? And what about having him in the car with me with my rifles in the back? I don't want to be a dbag, because he really is a good dude, but I'm pushing 40 without so much as a misdemeanor and I sure would like to keep it that way. I live in Virginia by the way I know it may vary state to state.

What do you guys think?
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Old 11-29-2013, 11:22 PM   #2
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What do I think?? Think I am not a lawyer.

Now that we got THAT out of the way- The issue is not ownership- it is that a felon may not POSSESS a firearm. And for you to give, sell, loan or leave out for him to have access to- is a Federal crime.

Possession can be active (hold it in my hand) or constructive (I have the keys to the gun locker). If he was CONVICTED of a felony, he can't. At all.

Not charged. Not convicted of a lesser included offense, but convicted of a crime for which he COULD have been sentenced to a year or more in prison.

A DISHONORABLE discharge from the US Military counts as a felony. Not a Bad Conduct discharge, not a General Discharge, but a full blown DD.

And while I am a fellow Virginian, this is Federal- 18 US Code Section 922- and applies in all states, territories and possessions of the US. Sorry, bro,
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Old 11-29-2013, 11:25 PM   #3
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Just re-read where you live. check the Va laws.

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Old 11-29-2013, 11:36 PM   #4
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Quote:
Originally Posted by 304inc View Post
Here's the deal, couple of guys at work know I go shooting most weekends and they asked if they could come with me. Ones a young guy, bout 19 20, never shot a gun before so I say sure, the other guy is early 30s, but has a felony from when he was 19 in the Marines and got into a fight in a bar with the locals and ended up using one of their knifes on them after they pulled it. Didn't kill anyone but lots of stitches were in order, long story short, he was kicked out of the Marines after he was charged with a felony assault and battery.. now I know he cannot own a gun, but is it legal for a felon to go to a shooting range and shoot my gun? And what about having him in the car with me with my rifles in the back? I don't want to be a dbag, because he really is a good dude, but I'm pushing 40 without so much as a misdemeanor and I sure would like to keep it that way. I live in Virginia by the way I know it may vary state to state.

What do you guys think?
In Indiana it is Unlawful Transfer, a misdemeanor. May or may nor be different in VA, should be easy to find out.

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Old 11-29-2013, 11:43 PM   #5
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Quote:
Originally Posted by 304inc View Post
Here's the deal, couple of guys at work know I go shooting most weekends and they asked if they could come with me. Ones a young guy, bout 19 20, never shot a gun before so I say sure, the other guy is early 30s, but has a felony from when he was 19 in the Marines and got into a fight in a bar with the locals and ended up using one of their knifes on them after they pulled it. Didn't kill anyone but lots of stitches were in order, long story short, he was kicked out of the Marines after he was charged with a felony assault and battery.. now I know he cannot own a gun, but is it legal for a felon to go to a shooting range and shoot my gun? And what about having him in the car with me with my rifles in the back? I don't want to be a dbag, because he really is a good dude, but I'm pushing 40 without so much as a misdemeanor and I sure would like to keep it that way. I live in Virginia by the way I know it may vary state to state.

What do you guys think?
He cannot posses a firearm. That means he can't have it in his hands, on his waist, in a car he has the keys to, or in a safe he has access to. Even if nothing happens to you for loaning him your firearm, do you really want to lose your gun if he gets arrested? They will take it into evidence, and you will never see it again.
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Old 11-29-2013, 11:55 PM   #6
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Quote:
Originally Posted by 304inc View Post
Here's the deal, couple of guys at work know I go shooting most weekends and they asked if they could come with me. Ones a young guy, bout 19 20, never shot a gun before so I say sure, the other guy is early 30s, but has a felony from when he was 19 in the Marines and got into a fight in a bar with the locals and ended up using one of their knifes on them after they pulled it. Didn't kill anyone but lots of stitches were in order, long story short, he was kicked out of the Marines after he was charged with a felony assault and battery.. now I know he cannot own a gun, but is it legal for a felon to go to a shooting range and shoot my gun? And what about having him in the car with me with my rifles in the back? I don't want to be a dbag, because he really is a good dude, but I'm pushing 40 without so much as a misdemeanor and I sure would like to keep it that way. I live in Virginia by the way I know it may vary state to state.

What do you guys think?
short answer, NO! anyone convicted of a felony can't own or be in POSSESSION of a firearm or ammo. that is a firearms violation andcan be a felony of it's own. and you knowing may make you an accomplice to the fact that you knowingly handed this person a gun and allowed them to commit a felony. you knew, so there is no way you can claim ignorance of the fact.

and the laws concerning a felon in possession do not change state to state. this is a federal firearms violation.
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Old 11-30-2013, 12:01 AM   #7
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Not worth it. Advise him to lawyer up and see if he can get his rights back through the courts. If that doesn't pan out, the attorney can advise him whether or not he old be legal to plink with black powder arms; I have read mixed opinions that vary by state.
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Old 11-30-2013, 12:11 AM   #8
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For better or worse, you tipped your hand by asking in the first place. Your knowledge of his felony conviction is the critical point in this situation.
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Old 11-30-2013, 12:18 AM   #9
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Do not give a gun to a felon. I have nothing else to say on this matter.
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Old 11-30-2013, 02:02 AM   #10
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Thanks guys for the very quick responses fellas. Looks like I gotta tell him not only no,, but **** no.
Feel bad for the guy but he won't be anywhere near my gear. I will take the young blood though, should be fun.
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