July 30th, 2010 04:42 PM
2A and Self defense for Family Members who have Felony conviction
I believe the right to self defense extends to every human being alive regardless of their status, age, gender etc. I believe this right should extend to those who have found themselves on the wrong side of the law and have a felony conviction.
I have a family member, cousin, whose wife was convicted of a felony after she was found guilty of embezzling money from the FDIC bank where she worked. It was a relatively small amount of money but due to being FDIC it became federal.
She is one of the most wonderful people I have ever known, is not a career criminal type and would never do such a thing ever again in her life. They were under financial stress, had two children and she made a bad decision. She was young and felt desperate.
They have since recovered and have three children and a good life. She still has her felony. She is in process of getting her rights restored but it seems to take a long time.
My question is this.
For those that have a similar situation with a family member in the home that has a felony. What is the situation? What are the laws concerning that person being in the home with weapons present?
What if she were alone with the children and needed to defend herself and the children from an intruder?
I am in Florida if that matters and I am sure it does. Florida law says felons may not possess or even use a firearm and they are not allowed to conceal carry a firearm, weapon, chemical spray gun or device. It does not specifically go into using guns as home defense but there is some case law out there that I have read. it seems to go both ways. Some felons are acquitted of the charges of using a firearm for defense, others were jailed.
“I am consistently on record and will continue to be on record as opposing concealed carry.”
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July 30th, 2010 06:14 PM
This information is taken from the ATF web site.
Originally Posted by Tally XD
A7) How can a person apply for relief from Federal firearms disabilities? [Back]
Under the provisions of the Gun Control Act of 1968 (GCA), convicted felons and certain other persons are prohibited from possessing or receiving firearms. The GCA provides the Attorney General with the authority to grant relief from this disability where the Attorney General determines that the person is not likely to act in a manner dangerous to the public safety and granting relief would not be contrary to the public interest. The Attorney General delegated this authority to ATF.
Since October 1992, however, ATF's annual appropriation has prohibited the expending of any funds to investigate or act upon applications for relief from Federal firearms disabilities submitted by individuals. As long as this provision is included in current ATF appropriations, the Bureau cannot act upon applications for relief from Federal firearms disabilities submitted by individuals.
[18 U.S.C. 922(g), 922(n) and 925(c)]
(A8) Are there any alternatives for relief from firearms disabilities? [Back]
A person is not considered convicted for Gun Control Act purposes if he has been pardoned, had his civil rights restored, or the conviction was expunged or set aside, unless the pardon, expungement, or restoration expressly provides the person may not ship, transport, possess, or receive firearms.
Persons convicted of a Federal offense may apply for a Presidential pardon. 28 CFR 1.1-1.10 specify the rules governing petitions for obtaining Presidential pardons. You may contact the Pardon Attorney's Office at the U.S. Department of Justice, 500 First Street, N.W., Washington, DC 20530, to inquire about the procedures for obtaining a Presidential pardon.
Persons convicted of a State offense may contact the State Attorney General's Office within the State in which they reside and the State of their conviction for information concerning any alternatives that may be available, such as pardons and civil rights restoration.
[18 U.S.C. 921(a)(20) and (a)(33)]
If your family member was convicted in federal court, their is only a pardon - restoration of rights does not exist since 10/1992
July 30th, 2010 06:41 PM
As for "others in the house", it varies from State-to-State -- as does so many questions on gun laws.
The range is from no guns at all if a "criminal" [not just a felon] lives there -- to no specific law, hence nothing illegal about it.
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
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