Felon in possession ??

Discussion in 'Legal and Activism' started by pmanton, Apr 14, 2014.

  1. pmanton

    pmanton Member

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    A group of my buddies went shooting. A chap who happens to be a felon went with them. It seems to me that the felon would be "in possession" just being in the car going to the range and my pals could get in trouble for "supplying" the felon firearms.

    As soon as the felon picked up a firearm to shoot he has committed another felony.
    Opinions anyone ???
     
  2. JW357

    JW357 New Member

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    Agreed. But I'm not a lawyer.
     

  3. G30USMC

    G30USMC Well-Known Member Supporter

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    Yes a felon in possession of a firearm has committed another felony.

    "Possession of a firearm under disability"

    Which means a person in possession of a firearm, who was convicted of a Felony
     
  4. Eagle1803

    Eagle1803 New Member

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    I am not a lawyer, the thing between your ears has to think at this point saying no felons in my car when there is firearms, kind of the commend sense thing.
     
  5. TekGreg

    TekGreg Lifetime Supporting Member Lifetime Supporter

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    I'm not a lawyer, but he is okay to ride in the car as long as he doesn't have access to firearms, that is, they are secured in the trunk or on the non-criminals. As soon as he touches a gun, he is in violation and possibly the friends could be charged.
     
  6. orangello

    orangello New Member

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    Sounds about right. As long as the others maintain control of their firearms, it would be impossible for him to be in possession of them, right?

    Heck, I was at a buddy's place the other night with a Bersa in my pocket; he has a felon in the family who was present but not in possession of my pistol. I was not worried about it.

    Of course, not only am I not a lawyer; I am not a judge either, and a judge is where that case would end up with some LEO's doing the stop (felon in the car).
     
    Last edited: Apr 14, 2014
  7. c3shooter

    c3shooter Administrator Staff Member

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    Not a lawyer= my legal advice is worth every penny you paid me for it. :p

    Having said that- possession may be actual (he has a gun in his hand) or constructive (he has the keys to the trunk where the guns are)

    So long as the firearms are under the total control of another person, and not in his hand, he is not in possession. The other people are.

    Please note in the photo below, there are 5 felons. None are "in possession" of the shotgun.

    chain gang.jpg
     
  8. Rick1967

    Rick1967 Well-Known Member

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    I would never take a felon to a shooting range. What about when you forget for 3 seconds and set your gun on the table to grab a box of ammo out of your range bag? If I had a friend that was a felon and had turned their life around I would invite them to go fishing. If you are a true friend you will not want to get your friend in trouble no matter how bad you want to help them. Not trying to slam the op here. Just making a general statement.
     
  9. orangello

    orangello New Member

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    Maybe the guy should investigate archery and black powder shooting (IF advised is legal by attorney, is legal in some states).
     
  10. JimRau

    JimRau Well-Known Member Supporter

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    This is more BS! All 'felons' are not equal. I have friends who are very responsible people who have a felony record. All of them date back decades and all of them were minor 'property' crimes but now the RTKABA's IS BEING INFRINGED. The progressives will use ANY excuse to disarm us and this and the DV exclusion are perfect example of this.. The next thing they will say if you have ever had a DUI you can't own a gun.:mad:
     
  11. Axxe55

    Axxe55 The Apocalypse Is Coming.....

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    exactly. why place them into a situation that could cause them more problems? why place temptation in front of them? why rub their noses in their past mistakes?
     
  12. NC1760

    NC1760 New Member

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    ..Point of order here... and I cannot speak for everywhere else.. But in the State of North Carolina there is restoration of firearms rights path to non-violent convicted felons. http://www.ncicl.org/article/919 ...and while we do have carry/conceal here... and we do allow CC in places that serve alcohol, the state can revoke that in cases of DUI or drunk and disorderly while carrying (not to mention the $$$$$$ fines and court costs).
    I have no problem with either. You want to carry around (literally) the power of life and death, then you need to be as upright a citizen as possible. You don't want to obey the rules of a civil society... Fine. But take responsibility and don't whine about "infringement".
     
  13. FrontierTCB

    FrontierTCB Active Member

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    ^^^ This is correct. Many states have different statutes. Some, Indiana for one only prohibit "Serious violent felons" from possessing a firearm. This would include Rape, Robbery, aggravated battery etc. So someone with a theft charge would still be legal in possession.


    Sent from my iPhone using Firearms Talk
     
  14. c3shooter

    c3shooter Administrator Staff Member

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    Again- not a lawyer. But this has been the law of the land since 1968. And yes, if convicted of a STATE felony, there is usually a legal path to restoration of gun rights. But until he does that, it is a FEDERAL felony to possess. Under the 1968 Gun Control Act. Convicted of a FEDERAL felony, no path to restoration other than a Presidential pardon.

    Under your state laws, he MAY be able to shoot a muzzleloader (but no 209 primers- caplock/ flintlock different)

    And I agree- if a friend cannot legally hold- much less shoot a gun, I would invite him for some other activity.
     
  15. John_Deer

    John_Deer New Member

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    Here in NC there is no doubt you can regain your rights to hunt and own a long gun. In fact, most judges want to restore as many of the felons rights as possible. It is pure common sense, the person has repaid their debt to society in full. They should at least be able to have a little fun and be able to get some wild game.

    Believe it or not many felons never try to regain their rights. It is not an expensive process, just one court appearance. Not a lot of legwork involved, just the paperwork to prove he has paid his fines and any civil judgements that stemmed from his crimes.
     
  16. Tackleberry1

    Tackleberry1 New Member

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    Jim

    I agree... Felon or not, once you've served your time, full rights should be restored... Both voting and 2A Liberties.

    If a felon is too dangerous to own a gun then he should be in prison for life... If not, then he owns the same right to self defense as anyone else.

    Tack
     
  17. JW357

    JW357 New Member

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    Guess its time to get chummy with O.
     
  18. robocop10mm

    robocop10mm Lifetime Supporting Member Lifetime Supporter

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    I am not an attorney and I did not stay at a Holiday Inn Express last night either. WTS, I do not believe him being in a car with other people's guns is an offense anymore than him being in a house with other people's guns is an offense. He CANNOT handle a gun, shoot a gun, clean a gun, possess a gun, etc. Just being present when other people have lawful posession of guns is NOT an offense.

    This legal advise was worth every penny you paid for it.
     
  19. KG7IL

    KG7IL Well-Known Member

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    I am not a lawyer.
    I am not a felon.
    I am in possession of a gun.

    This are the only things I know on this subject
     
  20. orangello

    orangello New Member

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    If you had said "can't own/drive a car" that wouldn't have been a half bad idea.