Question about convicted felons and firearm self defense. - Page 2

Question about convicted felons and firearm self defense.

This is a discussion on Question about convicted felons and firearm self defense. within the General Firearm Discussion forums, part of the Related Topics category; Originally Posted by Geezer As screwed up as our justice system is, it probably would (sadly) depend on the race of the robber. I doubt ...

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Thread: Question about convicted felons and firearm self defense.

  1. #16
    Ex Member Array NONAME762's Avatar
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    Quote Originally Posted by Geezer View Post
    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.
    Lets suppose everything being equal and Unicorns are REAL that the race of the BG would not matter. Sad to say I think the robbers race would be a factor.

    If you disagree look at the Zimmerman case.

  2. #17
    Member Array rockinglock32's Avatar
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    By law, if you live with a convicted felon having guns in the house is a grey area. If the felon has access to the firearms that belong to you, you are in trouble as well as the felon. The second scenario i see nothing wrong with the felon disarming an attacker. However after the attacker has no more weapon i doubt they will stock around to get shot.
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  3. #18
    VIP Member Array Arborigine's Avatar
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    Quote Originally Posted by Glocksin View Post
    Lets imagine 2 scenarios:.
    I'd rather not. Slim chance of either happening, and i woudn't worry about legalities while in fear of death or serious injury..
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  5. #19
    Senior Member Array NH_Esau's Avatar
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    Quote Originally Posted by Glocksin View Post
    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.
    Just because something's illegal by the letter of the law doesn't mean there will be a prosecution, and even if a prosecution, a conviction.

    However, it might depend where you are. Some place like NY, NJ, CA, MA, DC… the former felon may be screwed. Hell, he may be screwed if he has a perfectly clean record because he is now in possession of a firearm without a permit to own such. In DC, a kid that picks up a spent casing to use as a whistle is now a criminal. If he threw that casing at his assailant, I imagine that might just trigger a SWAT response.
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  6. #20
    New Member Array Citizenmeta's Avatar
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    Quote Originally Posted by QKShooter View Post
    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.

    I love when people make assertions that could cause serious injury and even death without taking the time to know what they are talking about.


    As matter of fact there are certain circumstances under which a convicted felon can possess a firearm. One of those exceptions is the affirmative defense of “necessity.” The United States Court of Appeals in the 6th Circuit has fairly detailed case law regarding the components and/or elements that make up the affirmative defense of “necessity.” The 6th Circuit indicates that necessity is only available in “rare situations” and only in those circumstances when the defense can demonstrate five conjunctive requirements.

    The defendant must be able to demonstrate they 1) reasonably feared death or serious injury from an imminent threat, 2) not recklessly placed himself in the path of that threat, 3) had no reasonable alternative to possession, 4) reasonably believed that possession would avert the threat, and 5) maintained possession only as long as necessary to avoid the threat. USA v. Jaffari Moore 12-6437/6437 filed October 23, 2013 (recommended for full text publication).
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  7. #21
    Ex Member Array BadgerJ's Avatar
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    Thread from 2014, though I think this last post is relevant and should stay up topic.

    I would suggest a first-time poster give a valid link and not a potentially suspect short url; if you want people to click it, that is.

    Here it is expanded.


    In addition, this is another good reason to keep your mouth shut about what transpired. As far as anyone knows, the 'felon' found the defensive tool on the floor and grabbed it.

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  8. #22
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  9. #23
    Ex Member Array 9MMare's Avatar
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    Quote Originally Posted by NONAME762 View Post
    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.
    It's up to the local DA and that's not necessarily true. They look at the totality of the circumstances and can decide not to charge either on that specific charge.

  10. #24
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    Quote Originally Posted by 5lima30ret View Post
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  11. #25
    Ex Member Array Doogie'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.
    The felon could argue competing harms and win. But in many jurisdictions you are not permitted to have a firearm in a home where a felon resides or has potential access to it.

  12. #26
    Distinguished Member Array ca survivor's Avatar
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    can't answer your question, as I won't allow a felon in my home.
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  13. #27
    Member Array bpurdy0's Avatar
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    Self defense law is all about actions being reasonable. If you are put in a position where your only options were to die or commit a crime, almost anybody would consider committing the crime to be the reasonable choice. Also, assuming that the felon turned the firearm over to law enforcement at the first chance raises the point that they did not intend to possess the firearm, but did so out of necessity, and are now attempting to follow the law that prohibits them from possessing a firearm.

  14. #28
    VIP Member Array Smitty901's Avatar
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    This goes back to an old question. Your are lost in the woods in freezing cold. Near death. You come up on a locked cabin and break in. You use food and supplies to survive. Have you committed a crime that can be prosecuted ? NO, same in the both unlikely scenarios.
    Now felon kills girl friend claims she started it came at him with a gun, that one aint going to work.
    Yes Taurus really does suck. But in fairness they sure turned it around fast on warranty repair. Time will tell

  15. #29
    VIP Member Array Eagleks's Avatar
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    Let's just say .. I was shot a felon was there , and picked up the gun and protected everyone. I doubt there would be charges, as long as they put it back down immediately afterwards.

    Ironically... it's illegal to have possession of a firearm if you are intoxicated. However, we have an exception in the law ....... if it is at your home, and you need to defend yourself or your family due to an intruder .... it is legal..... as long as soon as there is no threat you do not maintain possession of the gun.

    I think it would be arguable, that the last one.... may justify the first as well and should be extended to apply to it.
    May not win on that basis, but .... may give the Jury something to consider.
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  16. #30
    Member Array packnrat's Avatar
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    choice of your local DA. pro gun or pro criminal?

    me my self see NO reason just being a felon should prevent you from owning or having a gun or ammo.
    as not all felons are "bad" people.
    if i was on a jury, for said choices i might vote to dismiss all charges. all depends on "other" points. i can be fair about this, so can not say my vote would be either way.
    but for a clear cut defending life, and a felon has the gun i see no charges there.


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