Felon Carrying a Gun?

Felon Carrying a Gun?

This is a discussion on Felon Carrying a Gun? within the Concealed Carry Issues & Discussions forums, part of the Defensive Carry Discussions category; IC 35-47-2-1 Carrying a handgun without being licensed; exceptions; person convicted of domestic battery Sec. 1. (a) Except as provided in subsections (b) and (c) ...

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Thread: Felon Carrying a Gun?

  1. #1
    Distinguished Member Array RightsEroding's Avatar
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    Felon Carrying a Gun?

    IC 35-47-2-1
    Carrying a handgun without being licensed; exceptions; person convicted of domestic battery
    Sec. 1. (a) Except as provided in subsections (b) and (c) and section 2 of this chapter, a person shall not carry a handgun in any vehicle or on or about the person's body without being licensed under this chapter to carry a handgun.
    (b) Except as provided in subsection (c), a person may carry a handgun without being licensed under this chapter to carry a handgun if:
    (1) the person carries the handgun on or about the person's body in or on property that is owned, leased, rented, or otherwise legally controlled by the person;
    (2) the person carries the handgun on or about the person's body while lawfully present in or on property that is owned, leased, rented, or otherwise legally controlled by another person, if the person:
    (A) has the consent of the owner, renter, lessor, or person who legally controls the property to have the handgun on the premises;
    (B) is attending a firearms related event on the property, including a gun show, firearms expo, gun owner's club or convention, hunting club, shooting club, or training course; or
    (C) is on the property to receive firearms related services, including the repair, maintenance, or modification of a firearm;
    Does this mean according to Indiana law, a person denied a permit based on psychological reasons may carry and possess a gun at a gun range or in the home? Does federal law supercede a felon carrying in such circumstances?
    "When those who are governed do too little, those who govern can, and will, do too much." Ronald Reagan

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    Ex Member Array myrkr's Avatar
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    Pretty sure federal law supersedes. They say you can't even touch a firearm or ammunition with a felony conviction. They only way I can think of for a felon to carry is to carry a blackpowder revolver, because those technically aren't weapons to the feds, but some states still consider them firearms restricted from felon possesion.

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    VIP Member Array dukalmighty's Avatar
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    If your a convicted felon,you can't touch a gun or be in possession of ammo ANYWHERE,unless under certain stipulations concerning non violent felonies a Judge signs off allowing you to own a long gun for hunting purposes,you will never be allowed to touch or own a handgun
    "Outside of the killings, Washington has one of the lowest crime rates in the country,"
    --Mayor Marion Barry, Washington , DC .

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    Senior Member Array JJVP's Avatar
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    You forgot (c)

    (c) Unless the person's right to possess a firearm has been restored under IC 35-47-4-7, a person who has been convicted of domestic battery under IC 35-42-2-1.3 may not possess or carry a handgun. (d) This section may be not construed:
    (1) to prohibit a person who owns, leases, rents, or otherwise legally controls private property from regulating or prohibiting the possession of firearms on the private property;
    (2) to allow a person to adopt or enforce an ordinance, resolution, policy, or rule that:
    (A) prohibits; or
    (B) has the effect of prohibiting;
    an employee of the person from possessing a firearm or ammunition that is locked in the trunk of the employee's vehicle, kept in the glove compartment of the employee's locked vehicle, or stored out of plain sight in the employee's locked vehicle, unless the person's adoption or enforcement of the ordinance, resolution, policy, or rule is allowed under IC 34-28-7-2(b); or
    (3) to allow a person to adopt or enforce a law, statute, ordinance, resolution, policy, or rule that allows a person to possess or transport a firearm or ammunition if the person is prohibited from possessing or transporting the firearm or ammunition by state or federal law.
    As added by P.L.311-1983, SEC.32. Amended by P.L.326-1987, SEC.1; P.L.195-2003, SEC.6; P.L.98-2004, SEC.155; P.L.118-2007, SEC.35; P.L.164-2011, SEC.1; P.L.6-2012, SEC.231.
    Taurahe likes this.

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    Or unless you're in MO, who has told the feds to stuff it.
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    VIP Member Array Taurahe's Avatar
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    felon is as felon does...the lesson here is dont be a felon... lest you got to prison and bubba tries to crack you like a melon, and you wont be telling, cause if you do your corspe will be smelling....... ok im done now... blame the 4th cup of coffee
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    Senior Member Array nontechguy's Avatar
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    Actually, they do it all the time.

    Laws? What laws?
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    ------------------------------------ó George Washington 1776
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    VIP Member Array varob's Avatar
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    Quote Originally Posted by dukalmighty View Post
    If your a convicted felon,you can't touch a gun or be in possession of ammo ANYWHERE,unless under certain stipulations concerning non violent felonies a Judge signs off allowing you to own a long gun for hunting purposes,you will never be allowed to touch or own a handgun
    I think it includes all firearms.
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  10. #10
    Senior Member Array rmodel65's Avatar
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    Quote Originally Posted by varob View Post
    I think it includes all firearms.

    they can legally own black powder guns..and pre 1899 or w/e it is cartridge style iirc
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  11. #11
    VIP Member Array Ghost1958's Avatar
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    You do realize that felons dont give a rats behind what the law says and this matters not one iota to anyone other than someone trying to remain law abiding. Which I might add is becoming harder to do all the time for even a person that never had a speeding ticket.

    Unless they of course they are willing to be subjects of a Monarch.
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    Senior Member Array USM1976's Avatar
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    Quote Originally Posted by dukalmighty View Post
    If your a convicted felon,you can't touch a gun or be in possession of ammo ANYWHERE,unless under certain stipulations concerning non violent felonies a Judge signs off allowing you to own a long gun for hunting purposes,you will never be allowed to touch or own a handgun

    Unless the Texas Penal Code has been changed in the last few years, it is illegal under Texas law for a felon to own or posses a firearm until the fifth anniversary of his release from prison. AND, federal law is much more strict...

    Penal Code Section 46.04 Unlawful Possession of a Firearm

    Under Federal law 18 USC 922(g)(1-9)

    prohibits the following from possessing, shipping/ transporting, or receiving any firearm or ammunition:
    (1) a person convicted of a crime punishable by imprisonment exceeding one year;
    (2) a person who is a fugitive from justice;
    (3) a person who is an unlawful user of or who is addicted to a controlled substance;
    (4) a person who has been adjudicated as a mental defective or who has been admitted
    to a mental institution;
    (5) an alien who is unlawfully in the United States or who has been admitted to the
    United States under a nonimmigrant visa;
    (6) a person who has been discharged from the Armed Forces under dishonorable
    conditions;
    (7) a person who, having been a citizen of the United States, renounces his citizenship;
    (8) a person subject to a court order that was issued after a hearing in which the person
    participated, which order restrains the person from harassing, stalking, or threatening an intimate partner or partnerís child, and which order includes a finding that the person is a credible threat to such partner or partnerís child, or by its terms prohibits the use, attempted use or threatened use of such force against such partner or partnerís child;
    (9) a person who has been convicted of a misdemeanor crime of domestic violence.

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