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 ...
May 14th, 2009 06:30 PM
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"
May 14th, 2009 06:35 PM
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... .
May 14th, 2009 06:52 PM
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!
"Gun control is being able to hit your target."
May 14th, 2009 08:26 PM
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!
The last Blood Moon Tetrad for this millennium starts in April 2014 and ends in September 2015...according to NASA.
Certified Glock Armorer
NRA Life Member
May 14th, 2009 09:18 PM
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.
May 14th, 2009 09:20 PM
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.
They who give up essential liberty to obtain a little temporary safety deserve neither liberty nor safety.
Previously known as "cjm5874"
May 14th, 2009 11:05 PM
I'm not so sure. But, then, I could be dated.
Originally Posted by archer51
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.
I'm just one root in a grassroots organization. No one should assume that I speak for the VCDL.
I am neither an attorney-at-law nor I do play one on television or on the internet. No one should assumes my opinion is legal advice.
Veni, Vidi, Velcro
May 14th, 2009 11:25 PM
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.
May 14th, 2009 11:49 PM
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?
Trust in God and keep your powder dry
"A heavily armed citizenry is not about overthrowing the government; it is about preventing the government from overthrowing liberty. A people stripped of their right of self defense is defenseless against their own government." -source
May 14th, 2009 11:59 PM
"The price of freedom is eternal vigilance." -Thomas Jefferson
"Liberalism is a Mental Disorder." -Michael Savage
GOOD Gun Control is being able to hit your target! -Myself
May 15th, 2009 12:55 AM
Retsup you are my hero!
Originally Posted by retsupt99
Do not go gentle into that good night.
Rage, rage against the dying of the light.
May 15th, 2009 09:55 AM
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.
gracelifeshoals.org --- huntersandpatriots.com
A 9mm may expand, but a .45 will never shrink.
Firearms have two enemies: Rust and politicians.
This country needs more family trees that produce quality lumber instead of socialist freeloading nuts.
May 15th, 2009 10:47 AM
Problem is we are treading on dangerous ground with thought like this. Because where does it stop? And where do you draw the line?
Originally Posted by zacii
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.
May 15th, 2009 03:13 PM
Thank you fatcat.
Originally Posted by 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.
May 16th, 2009 10:28 AM
+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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