Question about convicted felons and firearm self defense.

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Thread: Question about convicted felons and firearm self defense.

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    Ex Member Array Glocksin's Avatar
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    Question about convicted felons and firearm self defense.

    Lets imagine 2 scenarios:

    The first is a gunfight inside a home involving homeowner with legal weapon and intruder.Homeowner is injured to the point of not being able to defend themselves anymore and gives relative/friend,who is a convicted felon,permission to use the gun.Felon successfully subdues intruder.

    The second scenario is a felon who is placed at gunpoint and immediately disarms attacker in self defense.

    What are the legal precincts regarding a situation like these,being that felons cannot legally handle firearms.

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    If my life, or the life of a family member is at stake, I may hand my firearm to whomever can defend my family, if I cannot...if he happens to be a felon in my home...I'll deal with the consequences later.OMOYMV
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    VIP Member Array dukalmighty's Avatar
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    In all probability there would be no charges filed,since the felon did not personally own the weapon and only used it to protect everyone from the BG's,second case self defense,If I was on a Jury and the only reason the guy was posessing a gun was because he disarmed somebody in self defense I'm voting not guilty.A felony conviction does not take your right to self defense away,just unlawful posession of firearms
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    If you gave a firearm to an individual knowing that the person that you gave that firearm to was a convicted felon then you would be in violation of the law and you could be charged with a felony if the "powers that be" decided that they wanted to prosecute you.
    And if you were found guilty then you would also be a convicted felon.

    The law does not state that you may legally give a felon access to a firearm as long as it's only for a few minutes and only if it's to terminate another bad guy that isn't the felon that you just gave firearm access to.

    You would need to make your argument in court or in front of a judge if it ever went that far.

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    As i work in the courts everyday, I agree with QK and his take on it to the letter of the law. Now that being said a good cop would not charge anybody if the shoot was righteous.
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    In both scenarios it is going to be up to the local DA whether or not charges are filed. In the situations described, a good DA will choose not to file charges. A DA who's a jackass will file charges regardless.
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    Hopefully in the scenarios posted above "common sense" would be King. Sadly, that is not always the case.
    I would hope that rational thinking would prevail.

    Let's say that you were in a convenience store and a robber burst in and immediately shot the cashier.
    You were a customer in the store and got behind the bad guy and took him out with your carry knife to the jugular.
    Then you immediately called 911 for Police & an Ambulance thereby saving the innocent cashiers life...because the cashier would very likely have "bled out" and died from the gunshot wound had you not reacted so quickly.

    Your knife had a 4.5" blade but, the only "legal" carry blade length in your state was a blade "less than 3 inches" - would that little anomaly get intentionally overlooked?

    I would certainly hope so.
    But, on the other hand nobody could really say with 100% certainty in advance.

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    To a certain extent life's a crap shoot.
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    Ain't that the truth.

    Quote Originally Posted by Guantes View Post
    To a certain extent life's a crap shoot.
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    I am a felon...unfortunately...I would assume you would hand me the gun or I would be peeling it out of your dead hands and the cops would pat me on the back for saving lives.Possible the Feds would come after me but I think it's beatable the possession charge.Either way I hope I never have to find out :)

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    Pretzel logic scenarios about legality let us play Perry Mason (or Judge Judy for the young among us). Real world reaction to immediate violent assault, IMHO, disallow the luxury of careful & prudent deliberation. Have to agree with RETSUPT, any (ANY) action that might contribute to my family's safety in an emergency is GONNA' HAPPEN. Beyond that, I have my attorney on both retainer & speed dial to deal with the aftermath.
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    Quote Originally Posted by dukalmighty View Post
    In all probability there would be no charges filed,since the felon did not personally own the weapon and only used it to protect everyone from the BG's,second case self defense,If I was on a Jury and the only reason the guy was posessing a gun was because he disarmed somebody in self defense I'm voting not guilty.A felony conviction does not take your right to self defense away,just unlawful posession of firearms
    I agree with both the OP and poster #2. Unfortunately we have QKShooter's bit which basically says if the original GG is wounded to the point he/they can no longer continue and hand off to a prior felon both are like as not screwed blued and tattooed.

    Especially if you're in one of the highly anti NE states or northern half of the original 13 colonies. If you're out west like I am maybe you have a 50-50 chance.
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    In the first, its the law of competing harms: Risk of imminent death trumps felon with/using gun in legal self defense.

    In the second, the felon is allowed to protect himself and stop the threat/law of competing harms.
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    Senior Member Array Geezer's Avatar
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    As screwed up as our justice system is, it probably would (sadly) depend on the race of the robber. I doubt that any DA would prosecute a felon for saving a innocent person's life.

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    VIP Member Array NONAME762's Avatar
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    Quote Originally Posted by TVJ View Post
    In the first, its the law of competing harms: Risk of imminent death trumps felon with/using gun in legal self defense.

    In the second, the felon is allowed to protect himself and stop the threat/law of competing harms.
    I have never heard of this argument to good effect for the defendant. I hope you are right per case law that has stood up in court.
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