Convicted felon and guns

Discussion in 'Legal and Activism' started by flyingbrickracing, Nov 19, 2009.

  1. flyingbrickracing

    flyingbrickracing New Member

    334
    0
    0
    Is there any way a person convicted of a felony to legally possess a firearm or are they just banned from ownershp?
    I was under the impression that they were not to be around guns period.
     
  2. IGETEVEN

    IGETEVEN New Member

    8,358
    4
    0
    Indeed. You already have the answer to your own question. ;)

    Jack
     

  3. canebrake

    canebrake New Member

    21,833
    2
    0
    Don't do the crime if you can't do the time!
     
  4. Shooter girl

    Shooter girl New Member

    319
    0
    0
    There are some things that a felon can do to get their 2A rights back. But it costs a lot of money, with a high failure rate. Best advise is to talk to an attorney.
     
  5. spittinfire

    spittinfire New Member Supporter

    9,663
    2
    0
  6. tiberius10721

    tiberius10721 New Member

    499
    0
    0
    Im not a felon but i lost my right to possess a firearm for about 3 yrs for violating a court order. I had to hire a lawyer and get my case dismissed under penal code 1835 which is a total dismissal . For the three yrs I could not possess firearms I discovered black powder firearms because on a federal level i could legally own a black powder pistol because the feds do not consider them fire arms. On a state level I probabley would have been screwed but I was not about to live in my house without some kind of weapon available. I now own about a dozen modern day firearms but my black powder pistol is still my favorite.
     
  7. .22hustler

    .22hustler New Member

    213
    0
    0
    You can petition the court for a "relief of disabilities". If approved, you get your 2nd rights back.
     
  8. rifleman1

    rifleman1 New Member

    2,007
    1
    0
    alot depends on your charges if there is no violence charges then normally after five or so years you can petition the judge who originally convicted you. my brother is in the process right now out of arizona.
     
  9. Hey-you-guys

    Hey-you-guys New Member

    246
    0
    0
    I don't know about other states, but here in Texas you can own a flintlock replica, just like the muskets in the old, old days. I believe Traditions makes some that you can put together your self for only about $200-400 and they are supposed to be fairly simple for the average person to do, as long as you know how to stain wood and read instructions.
     
  10. mrm14

    mrm14 Active Member

    2,705
    3
    38
    The only person I know who got his record expunged through the courts with an attorney is a older gent (64 Y.O. now) who had a felony DUI 18 to 20 years ago. He was never in trouble before his DUI conviction and has not been in any trouble since; not even a parking ticket. It took him almost a year and a half and a fair amount of money on his part for attorney fees and court costs. His record was expunged and he could finally have his hunting rifles back that his son kept all this time. He then went to purchase a new handgun and there was a hang up or delay for about 6 months before his DROS form background check was approved for purchase. I'm not sure exactly what he went through to get cleared to purchase this pistol but I do know it was frustrating for him. He hunts now in California and Colarado and he figures in another 5 to 6 years from now he will give / transfer his firearms back to his son as he has the onset of arthuritis and it's getting more and more difficult for him every year to get out and hunt with his friends.
     
  11. flyingbrickracing

    flyingbrickracing New Member

    334
    0
    0
    No,I'm not a felon,but a family member(not BLOOD RELATED) is.
    My dad and I have been shooting together and other members of the family have shown interest.
    Some we would welcome and have already talked about inviting,word got out to the not so welcome and he told my dad all he needed was a letter from his PO to be allowed to shoot.
    I told him he wasn't shooting with me even if his PO was there in person.
     
  12. mrm14

    mrm14 Active Member

    2,705
    3
    38
    If he is a convicted felon and on parole or probation there is no note in the world from his parole / probation officer or god himself that will allow him to even be in close vicinity of a firearm. Don't let this guy con your family members or friends with a "note" that he can. Any note he produces will be something he forged himself or had forged.
     
  13. c3shooter

    c3shooter Administrator Staff Member

    21,345
    224
    63
    Until a COURT has granted relief from disabilities, or the governor has restored his civil rights, SPECIFICALLY including right to own a firearm, it is gone. SOME states (Georgia is one) have a tighter restriction than the Feds, and will not permit a convicted felon to possess a muzzleloader. BTW, for those that CAN possess a muzzleloader, it better be a percussion cap or flintlock type. Felons may not possess ammunition- and the 209 primer is considered ammo.

    And yes, I have a stepbrother, that as a result of a youthful indiscretion, is a great bow hunter.

    Gents, this is a serious legal matter- and I never passed the bar (always stopped off for a beer, never passed :rolleyes:) and anyone that asks ME for legal advice needs their head examined. This is one that needs a REAL lawyer that practices in THIS FIELD. Penalty for being wrong is 5 years of playing Rock Hockey at a Federal Pen. No probation, no parole, no concurrent sentence thing.
     
  14. divinginn

    divinginn New Member

    207
    0
    0
    How many believe this is a violation of the second amendment as read by the constitution. I think it is a total violation of the 2nd,but I believe some should not own weapons.
     
  15. Yunus

    Yunus New Member

    5,250
    0
    0
    I think with all my internet lawyer knowledge (read as, worthless opinion) that this is totally the mentality that allowed gun law restrictions in the first place. The constitution did not name any exceptions to the 2A, therefore anyone of any age pretty much can and should be able to own "arms". Logic permits that the minority of society who has proven they are not trustworthy should not own arms but the founders did not specifically include that in 2A, although they may have in another section, I don't pretend to be an expert, I am always learning more about our founders and the constitution.
     
  16. TXnorton

    TXnorton New Member

    1,376
    0
    0
    Well, unlike C3, I did pass the bar once. It was not well lit, so I had to turn around and go back.

    The Founding Fathers believed in Liberty and Freedom. However, a simple review of history would show that they did not believe in universal rights to all citizens. Women's sufferage is the greatest example (why did they screw that up? - just kidding). Jefferson believed that only land-owning males should be allowed to vote (maybe we should re-think that one too!).

    So it is not hard to believe that the Founding Fathers would have agreed that persons convicted of serious crimes should not have the full benefits of other citizens.
     
  17. alsaqr

    alsaqr Well-Known Member Supporter

    6,130
    119
    63
    Twice in my lifetime I have had to defend my family and myself from home invaders. The scumbags had felony records and they had guns. I think it is a good thing that felons are not allowed to own guns: They get no sympathy from me.
     
  18. tomgodd

    tomgodd Active Member

    1,236
    1
    38
    I knew a guy that killed a man with his vehicle due to DUI. He was in jail for 5 years for Man Slaughter. It has been 2 years since he was released from prison. He can drive now, owns a car. but can't own a gun. Never had a problem with a gun it was a beer and car. Why can he drive but not shoot? I think thats STUPID!
     
  19. Flint Rock

    Flint Rock New Member

    441
    0
    0
    I personally know of one man who managed to get a felony conviction for involuntary manslaughter (a civilian self defense shooting). His sentence was time served and years (I don't remember how many) of probation. During the probation time he switched to black powder revolvers and shotguns:eek:. It was legal within the letter of the law (but maybe not the spirit). Laws change and are different from state to state, talk to a lawyer in your area for current laws.
    As a footnote, it took him many more years and dollars. but he finally got a pardon and now is a CCW again.
     
    Last edited: Nov 21, 2009
  20. user4

    user4 New Member

    3,414
    1
    0
    Getting your record expunged may satisfy state requirement to restore your 2A rights, however you record is NEVER clear in the feds database. You can still be charged federally.