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clip11 08-07-2010 01:58 AM

Getting caught with a stolen gun
 
What are the consequences of getting caught with a stolen gun especially if you're a felon?

CourtJester 08-07-2010 02:01 AM

Not 100% for sure, but I would assume that the individual involved should be tough enough to be the pitcher rather than the catcher in the shower house and at lights out.

c3shooter 08-07-2010 02:07 AM

The stolen gun is frosting on the cake. Being a convicted felon in possession of ANY firearm is a Federal felony- usually starts at 5 years in a Federal pen. No probation, no parole. Google "Operation Exile".

Jpyle 08-07-2010 02:08 AM

Quote:

Originally Posted by clip11 (Post 327457)
What are the consequences of getting caught with a stolen gun especially if you're a felon?

This a serious question? Answer: You get to be an incarcerated felon.

Rick1967 08-07-2010 02:16 AM

I hope no one here is stupid enough to be a felon with a gun, let alone a stolen gun!

clip11 08-07-2010 02:17 AM

Quote:

Originally Posted by Jpyle (Post 327462)
This a serious question? Answer: You get to be an incarcerated felon.

I meant as in how much time would you get.

Jpyle 08-07-2010 02:32 AM

Quote:

Originally Posted by clip11 (Post 327467)
I meant as in how much time would you get.

Looks to be upto 5 years for felony possession, 15 years if a repeat offender, plus whatever for unlawful possession, receiving stolen property and any crime being committed with the gun. In short it could be a long time.

Quote:

FEDERAL GUN STATUTE
18 U.S.C. § 922(g) provides “it shall be unlawful for any person:”
1.who had been convicted in any court of, a crime punishable by imprisonment for a term exceeding one year;
2.who is a fugitive from justice;
3.who is an unlawful user of or addicted to any controlled substance (as defined in section 102 of the Controlled Substances Act [21 U.S.C. § 802]);
4.who has been adjudicated as a mental defective or who has been committed to a mental institution;
5.who, being an alien (a) is illegally or unlawfully in the United States, or (b) except as provided in subsection (y)(2), has been admitted to the United States under a nonimmigrant visa (as that term is defined in section 101(a)(26) of the Immigration and Nationality Act [8 U.S.C. § 1101(a)(26)]));
6.who has been discharged from the Armed Forces under dishonorable conditions;
7.who, having a citizen of the United States, has renounced his citizenship;
8.who is subject to a court order that (a) was issued after a hearing of which such person received actual notice, and at which such person had an opportunity to participate, (b) restrains such person from harassing, stalking, or threatening an intimate partner of such person or child of such intimate partner or person, or engaging in other conduct that would place intimate partner in reasonable fear of bodily injury to the partner or child, and (c)(i) includes a finding that such person represents a credible threat to the physical safety of such intimate partner or child, or (ii) by its terms explicitly prohibits the use, attempted use, or threatened use of physical force against such intimate partner or child that would reasonably be expected to cause bodily injury; and
9.who has been convicted in any court of a misdemeanor crime of domestic violence.

18 U.S.C. § 924(a)(4) provides that “except as otherwise provided in this subsection, section (b), (c), or (f) of this section, or in section 929:”
•whoever violates section 922(g) shall be fined under this title, imprisoned for not more than 5 years, or both. Notwithstanding any other provision of law, the term of imprisonment imposed under this paragraph shall not run concurrently with other term of imprisonment imposed under any other provision of law. Except for the authorization of a term of imprisonment of not more than 5 years made in this paragraph, for the purpose of any other law a violation of section 922(g) shall be deemed to be a misdemeanor.
§ 924(e)(1), known as the Armed Career Criminal Act (“ACCA”), provides that a person convicted of possession of a firearm by a convicted felon in violation of § 922(g) shall receive a mandatory sentence of 15 years imprisonment if that person has three prior convictions “for a violent felony or a serious drug offense.”

freefall 08-07-2010 02:54 AM

I've wondered about this when you buy a gun from an ad in the paper or on the grocery store bulletin board. I always get a bill of sale and write their drivers license # on it. But still, you wonder.

skullcrusher 08-07-2010 03:15 AM

Quote:

Originally Posted by clip11 (Post 327467)
I meant as in how much time would you get.

clip11, you can't leave it at that. We gotta know why you ask. What's the story?

Anyhoo, first if the felon has been paroled prior to completing the full felony conviction sentence, the remainder gets put on first. Plus, I believe a mandatory 5 years no parole. Then, as stated before, time for receiving stolen property, possession of stolen property. If the stolen gun comes back as being used in any other crime, then the felon is gonna get hit with that as well. In some instances, depending upon the first felony conviction, additional time can be added. For instance, second offense in a gun crime carries more time. First degree felony with weapons and bodily harm could make the judge decide on maximum. If the prior conviction is for something non-gun or non-violence related, the judge may be a bit easier on the felon.

I wanna know why you ask...:cool:

doctherock 08-07-2010 05:02 AM

I recommend soap on the rope, cause your screwed. If in doubt have the numbers ran by the police first. Its easy. look at the gun, write down the numbers, have them ran. Oh and a dead giveaway its stolen is there are no numbers.


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