Felons and Guns

This is a discussion on Felons and Guns within the General Firearm Discussion forums, part of the Related Topics category; A coworker and I recently got onto the subject of guns. He said that he has always been interested in guns and likes shooting. I ...

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Thread: Felons and Guns

  1. #1
    Senior Member Array dsee11789's Avatar
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    Felons and Guns

    A coworker and I recently got onto the subject of guns. He said that he has always been interested in guns and likes shooting. I asked him what kind of gun he has. He said that he doesn't own any guns because his wife has a felony from 1991.

    He said that somebody told him he couldn't have a firearm in his house because of his wife.

    I'm pretty sure that this isn't the case, but I thought I'd get some input from you guys before I told him anything.

    I thought felons could even regain their gun rights.
    The felony was non violent.
    Exodus 22:2 "If a thief is caught breaking in and is struck so that he dies, the defender is not guilty of bloodshed"

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    Senior Member Array TucAzRider's Avatar
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    That is true,. ... ... Sorta,. He can have them in the house when he is home, but if he leaves and she is still in the house,.. then they are both breaking the law,. Her - for being in possession of a firearm,.. Him - for allowing that to happen.. I've heard rumor's.. If he locks them up and she don't have a key??? But if push came to shove, it would be allot of time in the courts to prove all that,. Sad I think.,.. If someone breaks the law and does there time, I feel they should get there right's restored,. I think there would be allot less felon's that are running around and getting in more trouble.. If everyone had a gun, there would be less crime... .

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    VIP Member Array Pikachu711's Avatar
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    TucAzRider, You are right to some degree. I asked the instructor of my CCW class this precise question. He can have a firearm in the home if he is the only one with access to the firearm. The problem is that if he doesn't secure the firearm if he leaves the home the wife has "constructive possession" of a firearm. This puts both him & her in a legal quandry.

    BUT, if he buys a firearm, secures it in a safe, and ensures that the wife can't access the firearm he should be fine. The tricky issue is the wife CANNOT in any way, shape or form have access to the firearm.

    But, I'm no attorney so this in only my humble opinion!
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    Lock the firearm in a safe, she doesn't have the combo...they're both good to go...

    Stay armed...always look for the box checked: felon when using dating services...stay safe!
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    As to the first part of the question I cannot answer that. As to her getting her rights back, she can. She will need to petition to get them back. I believe she will need to petition both the state where the conviction occurred as well as federal government. Odds are shes looking at a very tough and probably costly battle to regain her rights to a firearm.

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    Senior Member Array Free American's Avatar
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    The problem in my eye is not the conviction, it is what in these days is considered a felony. Used to be a felony was a violent, anti-social act...likely worthy of a death penalty...now, hit and run with property damage in some states is a felony...not that it is a NICE crime, but scale felonies back to what the were truly intended for.
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    Quote Originally Posted by archer51 View Post
    Odds are shes looking at a very tough and probably costly battle to regain her rights to a firearm.
    I'm not so sure. But, then, I could be dated.

    Years ago ('70s), a young man my wife and I knew in PA had a felony on his record. He had turned a leaf, -- married, family man, steady worker, church goer, etc.

    We both were character witness/petitioners for his Pardon, about ten years after the conviction.

    No lawyers, courts, etc.

    Just a a number of neighbors, co-workers, local authorities (including some LEOs), his pastor, etc signed a petition, wrote letters, etc.

    Once the Governor granted the Pardon, it was a rather straight forward administrative process to have all his right restored.

    I know time have changed. But the Pardon route might be the best route to try.
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    Senior Member Array dnowell's Avatar
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    When I lived with my folks I kept my guns in a storage unit because they didn't approve of guns. Doesn't cost much. She doesn't even have to know where it is. Then she definitely doesn't have access.

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    VIP Member Array zacii's Avatar
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    It's rather unfortunate that all felonies are treated equal. Every case should be judged on it's own merit. Some stupid kid that took a car for a joy ride when he was nineteen, gets grand theft, ten years later; he has a wife and kids and why can't he protect himself and his family?
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    Distinguished Member Array P7fanatic's Avatar
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    Cool

    Quote Originally Posted by DaveH View Post

    I know time have changed. But the Pardon route might be the best route to try.
    Good show Dave. I was thinking the same thing.
    Of course it would matter greatly what the original felony conviction was for.



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    Quote Originally Posted by retsupt99 View Post
    Lock the firearm in a safe, she doesn't have the combo...they're both good to go...

    Stay armed...always look for the box checked: felon when using dating services...stay safe!
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    I have heard G. Gordon Liddy (a felon) say on the radio that he does not own any firearms, but his wife owns a few.
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    Member Array fatcat's Avatar
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    Quote Originally Posted by zacii View Post
    It's rather unfortunate that all felonies are treated equal. Every case should be judged on it's own merit. Some stupid kid that took a car for a joy ride when he was nineteen, gets grand theft, ten years later; he has a wife and kids and why can't he protect himself and his family?
    Problem is we are treading on dangerous ground with thought like this. Because where does it stop? And where do you draw the line?

    A stupid kid taking a joy ride deserves a felony, if the law said it was a felony at the time of the crime. Ignorance of the law is not an excuse from it. I was a stupid kid, and I did a lot of stupid things. But at 19 I certainly knew the difference between a felony and a misdemeanor. I knew car theft was a felony and I would have never done it.

    If people in this country want to be adults at 18, then they take on EVERY responsibility for being 18. That means learning the law too.

    Obama's administration wants to "protect" 18-21 year old college students from credit cards. From unethical practices, fine, I agree. But if an 18 year old signs up for a credit card, he/she had better understand how it works. Its not free money.

    This is just another example of people not taking responsibility for their own actions. Everyone wants the government to protect them. From themselves.

    The laws are what they are. We many not agree with them, but they are there and all we can do is choose to follow them. Or we can get together and change them.

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    Ex Member Array BikerRN's Avatar
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    Quote Originally Posted by fatcat View Post
    Problem is we are treading on dangerous ground with thought like this. Because where does it stop? And where do you draw the line?

    A stupid kid taking a joy ride deserves a felony, if the law said it was a felony at the time of the crime. Ignorance of the law is not an excuse from it. I was a stupid kid, and I did a lot of stupid things. But at 19 I certainly knew the difference between a felony and a misdemeanor. I knew car theft was a felony and I would have never done it.

    If people in this country want to be adults at 18, then they take on EVERY responsibility for being 18. That means learning the law too.

    Obama's administration wants to "protect" 18-21 year old college students from credit cards. From unethical practices, fine, I agree. But if an 18 year old signs up for a credit card, he/she had better understand how it works. Its not free money.

    This is just another example of people not taking responsibility for their own actions. Everyone wants the government to protect them. From themselves.

    The laws are what they are. We many not agree with them, but they are there and all we can do is choose to follow them. Or we can get together and change them.
    Thank you fatcat.

    You said it much nicer than I would've, and I agree with you.

    People need to take responsibility for their actions and by the time you are 18 you should have figured out right from wrong. If you didn't figure it out by the time you are 18 I'm not so sure I want you running around at any age with a gun.

    Yes, people make mistakes, I have. The thing is, none of my mistakes have seen me convicted for crimes of a felonious nature. There is some truth to the statement to the effect that there are too many actions that are felonies. I do tend to agree with that, but that was the law at the time the crime was committed.

    If you don't like the law, change it. Also, know whom you are voting for. Some people are just now starting to wake up to the mistake they made in the last election. They may be waking up too late, I'm sorry to say.

    I certainly don't deserve the country we have now and will work within all legal and ethical means to change it for what I think we as a nation do deserve.

    Biker

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    Member Array bds9009's Avatar
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    +1, completely agree.

    As for the petition, I'm fine with her going through the legal process to have her rights restored. If it's an arduous process, then so be it. I'd rather have it be a complete, value added process that makes sure she is seriously reformed rather than just giving every felon a pardon easily.

    Just my $.02

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