recent felon

Discussion in 'Kentucky Gun Forum' started by westworld1, Jul 20, 2013.

  1. westworld1

    westworld1 New Member

    2
    0
    0
    I am 60yrs old and recently had a felony conviction for driving while taking perscribed medication. I would like some data what kentucky considers a firearm eg. muzzel loader. I have a sizeable gun collection wanting to leave to my son.Can rights ever be returned? Thanks
     
  2. Rick1967

    Rick1967 Well-Known Member

    4,993
    52
    48
    I would suggest you consult an attorney in your area. We are from all different parts of the country with all different types of backgrounds. I would not trust anyone's legal advice here. We do have at least one attorney on here. But even they don't often offer legal advise on the internet.
     

  3. sbeezy

    sbeezy New Member

    577
    0
    0
    I know no one can give him reliable legal advice on here, but out of curiosity what is a person expected to do with their guns once they've been convicted of a felony? Do they sell them or can they be seized?

    Not a felon, just curious.
     
  4. TankTop

    TankTop Well-Known Member Supporter

    2,473
    49
    48
    Just brainstorming but perhaps a gun trust naming your son as executor?
     
  5. Vikingdad

    Vikingdad New Member

    14,922
    0
    0
    Check with a 2A attorney. That is the best advice you will get.

    And sbeezy, I think they don't just go and confiscate all your guns. Here in CA they have recently been going through records (both criminal and firearms registries) and knocking on the doors of convicted felons who are known to have owned guns but there is no record of a transfer saying they sold them. I know of one guy who got a domestic violence charge against him and he immediately sent his guns over to his brother's house to get rid of them. Thing is they didn't do any transfer on them so any records would show that he still owns them.

    Best advice? Stay out of trouble.
     
  6. Axxe55

    Axxe55 The Apocalypse Is Coming.....

    7
    2
    0
    i am not an attorney, nor do i play one on tv, but legal advice on forum is worth, well, not much. best suggestion seek the advice from a real attorney, who is well versed in the laws of your state on firearm issues.

    IMO though, i would think with a felony conviction, that in some way you would be required to dispose of any firearms within your possession. being a felon and getting caught with firearms, opens up a hole new set of problems, irregardless of what the conviction was for.
     
  7. nitestalker

    nitestalker New Member

    6,489
    0
    0
    Humm! Problem is a felony conviction makes firearms ownership illegal under Federal Law.
     
  8. c3shooter

    c3shooter Administrator Staff Member

    21,455
    594
    113
    NOTE: AM NOT A LAWYER. Get legal advice from a lawyer.

    I am a gun buff that knows a little about the laws on guns.


    First- FEDERAL law prohibits possession (not ownership) of a firearm if you have been convicted of a felony. HOWEVER, Federal law does not consider a gun made before 1898, or a gun that uses loose ball and powder to be a firearm. It is an ANTIQUE firearm. Different class.

    Ssame Federal law- ALL states- a felon cannot possess ammo. Powder and #11 caps are not ammo. 209 shotshell primers ARE ammo.

    KY law does not appear to distinguish between antique and modern guns. See definition of firearm in KY Code- 237.060 So no to a muzzleloader.

    If convicted of a felony you CAN give away or sell your guns. You cannot possess them. Means you cannot hold a gun, or have access to one (I have the keys to the safe).

    AGAIN- speak to an attorney, or at least the KY State Police.
     
  9. AR10

    AR10 New Member

    2,264
    0
    0
    Send your guns to me, I will send you a receipt and you are free to go.
     
  10. MisterMcCool

    MisterMcCool Well-Known Member Supporter

    12,991
    437
    83
    Q: How can a person apply for relief from Federal firearms disabilities?
    Under the provisions of the Gun Control Act of 1968 (GCA), convicted felons and certain other persons are prohibited from possessing or receiving firearms. The GCA provides the Attorney General with the authority to grant relief from this disability where the Attorney General determines that the person is not likely to act in a manner dangerous to the public safety and granting relief would not be contrary to the public interest. The Attorney General delegated this authority to ATF.
    Since October 1992, however, ATF’s annual appropriation has prohibited the expending of any funds to investigate or act upon applications for relief from Federal firearms disabilities submitted by individuals. As long as this provision is included in current ATF appropriations, the Bureau cannot act upon applications for relief from Federal firearms disabilities submitted by individuals.

    http://www.atf.gov/firearms/faq/general.html

    https://www.nacdl.org/uploadedFiles...ef_from_Federal_Firearms_Act_Disabilities.pdf

    You should also attempt to have the felony expunged.
     
    Last edited: Jul 20, 2013
  11. limbkiller

    limbkiller New Member

    1,511
    0
    0
    Get rid of your guns now! Call an attorney and you will more than likely beat it. Then go get your guns. Talk to no one about where your guns went.
     
  12. Argyle_Armoring

    Argyle_Armoring New Member

    891
    0
    0
    I'm a federal officer and I supervise inmates daily that have this same problem. Now that you are a felon, you cannot have any firearms or ammunition in your possession i.e. house, car, etc. Have your son come over to your house and pick them all up and take them to his place. Do not get caught with a single shell/round of ammunition, they will send you to me if they find it. If you can get your record expunged (SUPER expensive) then you can have your son return your guns to you.
     
  13. John_Deer

    John_Deer New Member

    6,624
    2
    0
    Here in NC you can regain your rights by going to the judge that sentenced you. Most judges want everything cleaned up and your probation finished. Having an old hunting license is helpful. If you just want a gun for SD good luck with that.
     
  14. nitestalker

    nitestalker New Member

    6,489
    0
    0
    Please don't follow the advise of John Deere. This is now a Federal Violation. An old hunting licenses is not going to help. You should read the post by Argyle very closely.:)
     
  15. Axxe55

    Axxe55 The Apocalypse Is Coming.....

    7
    2
    0
    according to the ATF form 4473, question 11.c is in regards to the OP's question. does not specify anything other that it being a felony that disqualifies you for purchasing or possessing a firearm. so the charge of what got the person the felony or the amount of time served or not served is irrelevent. if a person recieved a felon conviction and only served probation they are disqualified under federal firearm laws from purchasing or possessing a firearm.

    http://www.atf.gov/files/forms/download/atf-f-4473-1.pdf
     
  16. GeneralPatton

    GeneralPatton New Member

    1,036
    0
    0
    I'm not an attorney either, however I do recall reading that you can apply for your rights to be restored when the felony doesn't involve severe infractions. I do NOT know Kentucky law, this was something I read in Georgia years ago while I was riding First Offender Status. You may not be in possession of, or living under the same roof as any device that "uses an explosive or electrical discharge to propel an inanimate object." (obviously this would include black powder) You are also prohibited from owning or living in a residence where any ammunition is located or stored. You cannot ride in an automobile that has a firearm inside it, whether or not the person who owns the vehicle has a license to carry it or not. (there is some very gray area as to riding with someone else, I've seen felons riding in cars with firearms that have trigger locks currently installed be left alone, however this would be to the discretion of the officer on hand and not a chance I'd take)

    As to your weapons, after sentencing you should have been informed that the moment you were sentenced, it was a crime for the firearms to be in your home. They would only grant you the "right" (and I use that term loosely) to have a relative pick them up before you arrived home, or have a relative or registered agent sell them for you with a bill of sale proving the sale of the items. Again, this is as the law is written in Georgia, I'd imagine they are very similar however there could be variations. Any which way, do not have anything in your home, not even a taser as that falls into the "electrical discharge" category.