Shooting with a felon?

Discussion in 'General Handgun Discussion' started by 304inc, Nov 29, 2013.

  1. 304inc

    304inc New Member

    251
    0
    0
    Here's the deal, couple of guys at work know I go shooting most weekends and they asked if they could come with me. Ones a young guy, bout 19 20, never shot a gun before so I say sure, the other guy is early 30s, but has a felony from when he was 19 in the Marines and got into a fight in a bar with the locals and ended up using one of their knifes on them after they pulled it. Didn't kill anyone but lots of stitches were in order, long story short, he was kicked out of the Marines after he was charged with a felony assault and battery.. now I know he cannot own a gun, but is it legal for a felon to go to a shooting range and shoot my gun? And what about having him in the car with me with my rifles in the back? I don't want to be a dbag, because he really is a good dude, but I'm pushing 40 without so much as a misdemeanor and I sure would like to keep it that way. I live in Virginia by the way I know it may vary state to state.

    What do you guys think?
     
  2. c3shooter

    c3shooter Administrator Staff Member

    21,339
    200
    63
    What do I think?? Think I am not a lawyer.

    Now that we got THAT out of the way- The issue is not ownership- it is that a felon may not POSSESS a firearm. And for you to give, sell, loan or leave out for him to have access to- is a Federal crime.

    Possession can be active (hold it in my hand) or constructive (I have the keys to the gun locker). If he was CONVICTED of a felony, he can't. At all.

    Not charged. Not convicted of a lesser included offense, but convicted of a crime for which he COULD have been sentenced to a year or more in prison.

    A DISHONORABLE discharge from the US Military counts as a felony. Not a Bad Conduct discharge, not a General Discharge, but a full blown DD.

    And while I am a fellow Virginian, this is Federal- 18 US Code Section 922- and applies in all states, territories and possessions of the US. Sorry, bro,
     

  3. wittmeba

    wittmeba New Member

    1,097
    0
    0
    Last edited: Nov 29, 2013
  4. Mercator

    Mercator New Member

    11,337
    2
    0
    In Indiana it is Unlawful Transfer, a misdemeanor. May or may nor be different in VA, should be easy to find out.
     
    Last edited: Nov 29, 2013
  5. Doc3402

    Doc3402 New Member

    2,823
    0
    0
    He cannot posses a firearm. That means he can't have it in his hands, on his waist, in a car he has the keys to, or in a safe he has access to. Even if nothing happens to you for loaning him your firearm, do you really want to lose your gun if he gets arrested? They will take it into evidence, and you will never see it again.
     
  6. Axxe55

    Axxe55 The Apocalypse Is Coming.....

    7
    1
    0
    short answer, NO! anyone convicted of a felony can't own or be in POSSESSION of a firearm or ammo. that is a firearms violation andcan be a felony of it's own. and you knowing may make you an accomplice to the fact that you knowingly handed this person a gun and allowed them to commit a felony. you knew, so there is no way you can claim ignorance of the fact.

    and the laws concerning a felon in possession do not change state to state. this is a federal firearms violation.
     
  7. orangello

    orangello New Member

    19,156
    0
    0
    Not worth it. Advise him to lawyer up and see if he can get his rights back through the courts. If that doesn't pan out, the attorney can advise him whether or not he old be legal to plink with black powder arms; I have read mixed opinions that vary by state.
     
  8. Mercator

    Mercator New Member

    11,337
    2
    0
    For better or worse, you tipped your hand by asking in the first place. Your knowledge of his felony conviction is the critical point in this situation.
     
  9. Rick1967

    Rick1967 Well-Known Member

    4,991
    47
    48
    Do not give a gun to a felon. I have nothing else to say on this matter.
     
  10. 304inc

    304inc New Member

    251
    0
    0
    Thanks guys for the very quick responses fellas. Looks like I gotta tell him not only no,, but **** no.
    Feel bad for the guy but he won't be anywhere near my gear. I will take the young blood though, should be fun.
     
  11. nitestalker

    nitestalker New Member

    6,489
    0
    0
    Black Powder weapons are considered to be weapons when used in crimes or by a convicted felon. :(
     
  12. MisterMcCool

    MisterMcCool Well-Known Member Supporter

    12,820
    127
    63
    Legally, a convicted felon cannot possess firearms, associate with someone else who posses a firearm, or visit a domicile that contains firearms.
    The man served his time and paid his debt yet was released; stripped of the rights to hunt and defend himself. There seem to be a lot of exceptions to this "shall not be infringed." :(
     
  13. danf_fl

    danf_fl Retired Supporter

    12,359
    28
    48
    Let's try a rephrase of the question:

    "If a drug user asked me to hold his stash, and the cops caught me with it, could I be charged with possession?"
     
  14. chloeshooter

    chloeshooter New Member

    2,565
    0
    0
    yeah reminds me of the scene early in Shawshank Redemption

    Red: "You're gonna fit right in. Everyone in here is innocent, you know that? Heywood, what you in here for?"

    Heywood: "Didn't do it. Lawyer f*cked me."



    the court/judge probably heard the whole story on this one. we like someone so we trust them, believe their version of things

    felon is felon. especially a violent felon. those guys + firearms do not mix. so says common sense and so says the law!
     

    Attached Files:

  15. WebleyFosbery38

    WebleyFosbery38 New Member

    7,510
    0
    0
    I think your question was answered clearly; cant do it, not in the USA, thats the Law! Now to take it one step further------>

    The actions of someone that is prone to violence are impeachable and their rights certainly should be withheld while they are being punished. Most repeat Violent Offenders probably should not be released back into society ever If we truly should fear them owning guns then I dont feel a bit safer knowing all they can get once released is everything else in the world that can kill including motor vehicles, chainsaws and their bare hands. That said, the government should not be able to deny any rights of a Free Man if they have served their time and are safe to be in society.

    The OP is about a grown man who did something unfortunate and punishable as a young adult. He paid the price they required of him, served his time and is trying to become a member of society again. Isnt that what we want? Denying his rights without some proof his current and future intent is felonious is saying your still being punished, their really is no second chance or time served for those who do the right thing after they pay for doing the wrong thing, no good will come of that ever...
     
  16. Mercator

    Mercator New Member

    11,337
    2
    0
    Something is wrong here, I agree. This should not be an automatic suspension of a constitutional right. It should be part of the sentence by a judge, or perhaps decided at a pre-release hearing.

    ...Posted, read it, and realized, the odds of that changed are nil. Neither party will even go there.
     
    Last edited: Nov 30, 2013
  17. John_Deer

    John_Deer New Member

    6,624
    1
    0
    I don't know with the current state of affairs in CA if he can get his rights restored. Many people who have committed felonies can get their rights restored but they never go through the process. Most Marines who visit San Diego end up in a barroom brawl at some point. I don't know what he did to get a dishonorable discharge. There was more to it than the use of a knife. If they gave every Marine who used a weapon in a brawl a DD there would be very few Marines with an honorable discharge.
     
  18. Axxe55

    Axxe55 The Apocalypse Is Coming.....

    7
    1
    0
    the justice system works that way and has for many years. i agree with WebFos is that if a man is not a danger to society and can be freed from prison, then he should have all his rights restored. if he is still such a danger, that we fear him owning or possessing a gun, then maybe, those with common sense can reason he may not be safe to be released from prison in the first place.

    the system of current justice needs to be changed. either keep dangerous criminals in prison, or restore their rights after they have been released.
     
  19. 304inc

    304inc New Member

    251
    0
    0
    Lmao,, that's very true, everytime you hear about someone getting locked up it was ALWAYS someone else's fault. I have learned to take those stories with extra salt.
     
  20. Axxe55

    Axxe55 The Apocalypse Is Coming.....

    7
    1
    0
    if you listen to the inmates, prison is full of innocent people!