Felon with a firearm?

Discussion in 'Legal and Activism' started by fupuk, Jan 23, 2013.

  1. fupuk

    fupuk New Member

    1,672
    0
    0
    I was at work and talking to a guy about guns and he told me he is a convicted felon and is still allowed to have long guns but no handguns because he said that he is still allowed to bear arms and they cant take that right away from him? He said that thw conviction was for carry a consealed weapon and a drug charge. Im no lawyer and thought I was was pretty knowledgeable about firearm laws but this just doesn't make sense to me. I just dont know how that is possible? I dont think it will make a difference but im in Michigan. Any insight would be appreciated.
     
    Last edited: Jan 23, 2013
  2. DrumJunkie

    DrumJunkie New Member

    4,823
    0
    0
    Best of my knowledge a felon can't own a firearm without having their right reinstated by a judge. Being a felon loses most if not all rights dependent on the state. In my state thay can't vote, own a gun period as long as they have their rights tasken by the felony conviction.

    Now I don't know all states and don't even attempt to know the law everywhere. But I don't know if a state that allows certain firearms on a felony conviction. Now the guy might ber talking more about taking what he sees as amoral stand and I'm not sure I'd be willing to blame him there. But often the law and morals do not see eye to eye.
     

  3. HOSSFLY

    HOSSFLY New Member

    6,932
    0
    0
    Its early for me but i think he's full of shet-
     
  4. nitestalker

    nitestalker New Member

    6,489
    0
    0
    This is a Federal issue regarding firearms. The answer is no he can not own a firearm. He can not live in a house where a firearm is stored. He has been convicted of a firearms violation this in its self forbids his firearms ownership.
    Some states "Flag" felons when they buy hunting license.:)
     
  5. fupuk

    fupuk New Member

    1,672
    0
    0
    Thanks for the replies. I just didnt know what to say to him. Call him on his bull **** or play along with it. He was talking about getting a Mossy 500 and I showed him a picture of mine and we just got to talking.
     
  6. HOSSFLY

    HOSSFLY New Member

    6,932
    0
    0
    I don't think i'd play with him :eek:
     
  7. trip286

    trip286 New Member

    18,658
    1
    0
    Really, their firearms rights can be reinstated if they go through the right process.

    But, from the story you relate, it sounds to me as if he's full of chit. He probably would have mentioned the hassle of that's what he went through. And I don't think a judge can pick and choose what guns a felon is allowed to own upon reinstating their firearms rights.

    There is also a certain moral obligation you may now be subject to.
     
  8. rocshaman

    rocshaman New Member

    3,250
    0
    0
  9. MoreAltitude

    MoreAltitude New Member

    456
    0
    0
    Call him out, keep us posted! I love a good story...
     
  10. rocshaman

    rocshaman New Member

    3,250
    0
    0
    Found this on Michigan:

    Felony convictions For the purposes of losing Michigan gun rights, the law defines "felony" as a violation of state or federal law that is punishable by imprisonment for four years or more, or an attempt to violate such a law. Felony convictions with lesser maximum periods of imprisonment do not cause the loss of gun rights under this Michigan law. In Michigan, it is considered felon in possession for a person convicted of a felony to possess, use, transport, sell, purchase, carry, ship, receive, or distribute a firearm until 3 years after all of the following circumstances exist: 1. the person has paid all fines imposed for the violation, and 2. the person has served all terms of imprisonment imposed for the violation, and 3. the person has successfully completed all conditions of probation or parole imposed for the violation Once 3 years pass after these requirements are met, the felon can once again possess, use, transport, sell, purchase, carry, ship, receive, or distribute a firearm if he or she does so in a manner otherwise allowable by law.


    From this site which has a lot more on the subject:

    http://www.aggressivecriminaldefense.com/Client-Center/Gun-Right-Restoration.html
     
  11. jgoertz

    jgoertz New Member

    497
    0
    0
    I served on a jury about 8 weeks ago. One of the charges was felon in possession of a firearm. The penalty in Louisana is automatic and mandatory; 12 years in the slammer with no parole.
     
  12. nitestalker

    nitestalker New Member

    6,489
    0
    0
    The Feds do not forgive Felons. The President of the U.S. does about 2 or 3 per year. The Federal Gun laws are very clear on this one.
     
  13. JeeperSC

    JeeperSC New Member

    120
    0
    0
    He isn't supposed to have a long gun either! I'd report him if it were me!
     
  14. HOSSFLY

    HOSSFLY New Member

    6,932
    0
    0
    Seriously :confused::confused::confused:
     
  15. eldarbeast

    eldarbeast New Member

    252
    0
    0
    The BATF&E grants waivers to convicted felons (about 700 per year) who have demonstrated that they have reformed and become productive members of their communities, especially if they can show a 'proper' reason for needing a firearm.

    Such as handling large sums of cash.

    eldar
     
  16. John_Deer

    John_Deer New Member

    6,624
    1
    0
    Each state is different. In NC once a felon has paid his dues to society he can petition the judge that sentenced him to reinstate his rights. He can't be on parole or owe damages in civil court. He has to have cleaned up his mess to regain his rights. Once the felon has done all that it is possible, not likely for a felon to get a concealed weapons permit. Most will never get a pistol purchase permit, much less a carry permit. They can own a long gun to defend their home and go hunting.
     
  17. fupuk

    fupuk New Member

    1,672
    0
    0
    Thanks again everyone. I guess I will keep you posted if I hear anything more about it. And I will look into Michigan gun laws a little more.
     
  18. ninjatoth

    ninjatoth New Member

    1,733
    0
    0
    Being Michigan where you need a cpl permit or purchase permit before obtaining a handgun,yet no background checks to buy a long gun from a private seller or gun show,I think what he really means is that he is getting away with owning long guns but he can't get away with obtaining a handgun.But who knows what a court could possibly rule in getting his firearms rights restored,it's possible he appealed it and the judge said he can possess a rifle for hunting here in this state but no handguns-who knows.
     
    Last edited: Jan 23, 2013
  19. TNFrank

    TNFrank New Member

    293
    0
    0
    I think the clause in the '68 GCA that bars "felons" from owning firearms is total B.S. Rights are given by God and only God can take those Rights away. "THE STATE" should have no power to take a persons Rights, no matter what he's done once he's served his sentence and paid for his crime. This is just one more way the Feds have pulled some "Back Door Gun Control" off on WE THE PEOPLE by means of baring felons from owning firearms and now look at were it's headed. Misdemeanor Domestic Violence can get you barred from firearms ownership. What's next, parking tickets?
    Hardcore felons won't care about this law and will carry/own firearms anyway, all this does is take folks that may have screwed up once in their lives and been placed in prison to end up losing their Gun Rights for life which, like I said, is total B.S., the State should never have the power to take a Right away from anyone for any reason unless they're convicted to life in prison or to death. JMHO, YMMV.
     
  20. ninjatoth

    ninjatoth New Member

    1,733
    0
    0
    ^^^^^^^^^^^^

    True in alot of ways,I mean,if a felon is out of prison,doing well in life,what difference does it make if he wants to legally own a firearm.The ones still in prison are the ones that shouldn't have guns,by letting someone out of prison they put them in easy access to firearms either way,might as well make it legal.