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Posted: 8/14/2005 7:41:24 AM EDT
[Last Edit: 8/14/2005 8:20:12 AM EDT by FordGuy]
just askin.....
Link Posted: 8/14/2005 7:42:22 AM EDT
Link Posted: 8/14/2005 7:42:34 AM EDT
Convicted?
Link Posted: 8/14/2005 7:43:17 AM EDT
just askin for an easy first bust eh comrade ATF?
Link Posted: 8/14/2005 7:45:13 AM EDT
[Last Edit: 8/14/2005 7:47:37 AM EDT by FordGuy]
no, got a friend with a problem, just tring to figure out how to help him cope with it. no trolling intended. apparrently it is a 5 year miniumum if he gets a conviction and then caught with a firearm. Sounds like he will now be known as a bowhunter, but I figured you guys would help with some perspective.
Link Posted: 8/14/2005 7:46:52 AM EDT
[Last Edit: 8/14/2005 7:58:55 AM EDT by Gunner1X]
Depends on your definition of felon.
I once felon a bicycle and it hurt.


Link Posted: 8/14/2005 7:49:15 AM EDT
I'm not, but one made my day very depressing.

Had a new hire come in to do paperwork. He fills out his I-9, W-4 and all other paperwork to go along with employment, and all the while, I was bsing with him, he was telling me about his days in the Corps in Vietnam and showed me a tattoo on his right forearm, he was a pretty cool guy. After I told him he could go work, I went through his supervisor's office to find his application for making his file. Well, a nice little X had been marked in the yes box under the "Have you ever been convicted of a felony?" question.

I had to let him go and explain company policy, I never thought I would ever have to throw a veteran back to the street.

This all happened 15 minutes ago.
Link Posted: 8/14/2005 7:49:36 AM EDT
I realize I probably didn't ask it right, but it was a honest question, no intent to cause any trouble.
Link Posted: 8/14/2005 7:49:43 AM EDT

Originally Posted By FordGuy:
no, got a friend with a problem, just tring to figure out how to help him cope with it. no trolling intended. apparrently it is a 5 year miniumum if he gets a conviction and then caught with a firearm. Sounds like he will now be known as a bowhunter, but I figured you guys would help with some perspective.



Double check the local laws, but if he is a hunter, inline black powder rifles may be an option.

Link Posted: 8/14/2005 7:53:21 AM EDT
[Last Edit: 8/14/2005 7:53:35 AM EDT by Justa_TXguy]
Yes, felons hang around here and post about having firearms.

Link Posted: 8/14/2005 7:53:49 AM EDT
you would be surprised how easy it is to lose your firearms rights. a felony (what I am hearing) is anything punishable by over a year in jail. You can't own any firearms, antique, blackpowder, or otherwise. he is a big time gun guy, (like me and all our friends) and is having trouble coping with getting rid of all his guns. Some jokes on teh board i've heard involve a tragic boating accident, but seriously if he is caught it is a minimum of 5 years in federal prison, up to 15...just not worth it .
Link Posted: 8/14/2005 7:55:12 AM EDT
What's he got, I'm always looking for a good deal
Link Posted: 8/14/2005 7:55:48 AM EDT
You win the stupid fuckin question of the day award.
Link Posted: 8/14/2005 7:57:10 AM EDT

Originally Posted By Justa_TXguy:
Yes, felons hang around here and post about having firearms.




sigh. I hear you. this site has a few lawyers too and I was just hoping to get some perspective. He didn't know where else to go, and I know nothing about this. I was just shocked at how easy it is to find yourself outlawed from gun ownership.
Link Posted: 8/14/2005 7:58:36 AM EDT

Originally Posted By BigT:
You win the stupid fuckin question of the day award.



Back off. FordGuy clarified why he asked the question. He's just trying to help a friend.
No sense in beating him to death over a poor choice of words in his thread title.
Link Posted: 8/14/2005 8:00:59 AM EDT
since no one else asked, i will.

what did he do?
Link Posted: 8/14/2005 8:03:35 AM EDT

Originally Posted By BigT:
You win the stupid fuckin question of the day award.



maybe so, but I thought surely this topic had come up before and maybe someone could steer us in the right direction. I think most folks would be shocked to learn how easy it is to go from being a well known gun nut to someone who can't even have one in the house.
Link Posted: 8/14/2005 8:04:41 AM EDT
For the record I had nothing to do with this.

Link Posted: 8/14/2005 8:04:42 AM EDT

Originally Posted By david_g17:
since no one else asked, i will.

what did he do?



he says he's about to be indicted (I don't understand what for) and trying to figure out whether to fight it or plea.
Link Posted: 8/14/2005 8:05:37 AM EDT

Originally Posted By FordGuy:

Originally Posted By BigT:
You win the stupid fuckin question of the day award.



maybe so, but I thought surely this topic had come up before and maybe someone could steer us in the right direction. I think most folks would be shocked to learn how easy it is to go from being a well known gun nut to someone who can't even have one in the house.




How easy?

What'd he do to lose his gun rights?
Link Posted: 8/14/2005 8:07:37 AM EDT
I guess my question is really how to help this guy cope with a drastic change in his life. sure I could "hold" his guns for him, but in reality that might have it's own legal problems and I don't want any trouble for myself. I'd sayhe will hav to sell them all, but he asked me for guidanc e and I figured this was one place I could possibly get some information. sounds like I need to tell him to see his preacher, since there is no help for him.
Link Posted: 8/14/2005 8:08:03 AM EDT
domestic?
Link Posted: 8/14/2005 8:08:04 AM EDT

Originally Posted By FordGuy:

Originally Posted By david_g17:
since no one else asked, i will.

what did he do?



he says he's about to be indicted (I don't understand what for) and trying to figure out whether to fight it or plea.



I don't get it. If he hasn't been convicted, he hasn't lost his rights yet. What does his lawyer say.

Something about this sounds funny.

Need more info...
Link Posted: 8/14/2005 8:10:34 AM EDT
[Last Edit: 8/14/2005 8:11:34 AM EDT by llanero]
What is considered a felony these days is so broad, it borders on the ridiculous.



The only power any government has is the power to crack down on criminals. Well, when there aren't enough criminals, one makes them. One declares so many things to be a crime that it becomes impossible for men to live without breaking laws.

--Ayn Rand




Link Posted: 8/14/2005 8:10:38 AM EDT
Link Posted: 8/14/2005 8:11:52 AM EDT

Originally Posted By DScott:

Originally Posted By FordGuy:

Originally Posted By david_g17:
since no one else asked, i will.

what did he do?



he says he's about to be indicted (I don't understand what for) and trying to figure out whether to fight it or plea.



I don't get it. If he hasn't been convicted, he hasn't lost his rights yet. What does his lawyer say.

Something about this sounds funny.

Need more info...



he can't tell me exactly what his lawyer said, but from him it sounds like a felony conviction is on the way. just trying to help the guy deal with the consequences. it's some scary stuff, and nothing funny about it at all if you ask me.
Link Posted: 8/14/2005 8:12:10 AM EDT

Originally Posted By FordGuy:
I guess my question is really how to help this guy cope with a drastic change in his life. sure I could "hold" his guns for him, but in reality that might have it's own legal problems and I don't want any trouble for myself. I'd sayhe will hav to sell them all, but he asked me for guidanc e and I figured this was one place I could possibly get some information. sounds like I need to tell him to see his preacher, since there is no help for him.



We're posting about the same time...



Be a good friend just by being there. Don't make matters worse by doing stupid things together (like taking him shooting). He needs to get a real legal opinion about what to do with the guns.

I'd disagree with you about "how easy" it is to acquire a felony conviction. Somehow most people manage to avoid that.
Link Posted: 8/14/2005 8:14:57 AM EDT
tag the mysterious thread


Link Posted: 8/14/2005 8:20:47 AM EDT
Tag for the garage sale.
Link Posted: 8/14/2005 8:23:14 AM EDT

Originally Posted By llanero:
What is considered a felony these days is so broad, it borders on the ridiculous.



The only power any government has is the power to crack down on criminals. Well, when there aren't enough criminals, one makes them. One declares so many things to be a crime that it becomes impossible for men to live without breaking laws.

--Ayn Rand







that's why I asked what he did. if it was some ridiculous firearms charge he may gain the sympathy of a fellow arfcommer who could help him out. if it was something like child molestation I doubt any would offer advice.
Link Posted: 8/14/2005 8:32:36 AM EDT
Just tackle him while he's sleeping and give him the royal rugged rogering to tears.....
Link Posted: 8/14/2005 8:35:39 AM EDT
Do you mean to tell me that they actually ENFORCE firearms laws in SC?

Heck, here in Oklahoma it doesn't seem to make any difference at all. I have been told by a certain DA in a northeastern OK district court that they could not mention in court any prior felonies that had happened over 10 years ago if the felon had had no other convictions since. (This is, of course, complete and utter BS on the part of the DA in question...)

ANYWAY, I'd contact your local DA's office and ask them, then stick with it. IMHO
Link Posted: 8/14/2005 8:43:45 AM EDT

Originally Posted By DScott:

Originally Posted By FordGuy:

Originally Posted By david_g17:
since no one else asked, i will.

what did he do?



he says he's about to be indicted (I don't understand what for) and trying to figure out whether to fight it or plea.



I don't get it. If he hasn't been convicted, he hasn't lost his rights yet. What does his lawyer say.

Something about this sounds funny.

Need more info...



Yeah, try to get the lawyer to plea him to a misdemenor

Link Posted: 8/14/2005 9:37:37 AM EDT

Originally Posted By Tannim:

Originally Posted By DScott:

Originally Posted By FordGuy:

Originally Posted By david_g17:
since no one else asked, i will.

what did he do?



he says he's about to be indicted (I don't understand what for) and trying to figure out whether to fight it or plea.



I don't get it. If he hasn't been convicted, he hasn't lost his rights yet. What does his lawyer say.

Something about this sounds funny.

Need more info...



Yeah, try to get the lawyer to plea him to a misdemenor




+1 Tell him to do whatever it takes legally. Maybe a different lawyer?? It's not the lawyer going to jail. Tell him to fight it with every penny he has. I know I would.
Link Posted: 8/14/2005 9:47:20 AM EDT
felons can petition the court to get their firearms rights back after they have served their sentence. There is no guarantee the court will grant their request, but with the right lawyer, judge, and if the felon has kept his nose clean in the few years since he got out of prison, demonstrating that he can be a contributing, law abiding citizen...then there is a possibility.


I think there are a couple people on this site that have gone through the above and have had their rights reinstated.

maybe he could sell them to his brother or you for a couple bucks and you can sell them back to him if he is successful in a few (??) years.
Link Posted: 8/14/2005 9:53:24 AM EDT

Originally Posted By FordGuy:

Originally Posted By DScott:

Originally Posted By FordGuy:

Originally Posted By david_g17:
since no one else asked, i will.

what did he do?



he says he's about to be indicted (I don't understand what for) and trying to figure out whether to fight it or plea.



I don't get it. If he hasn't been convicted, he hasn't lost his rights yet. What does his lawyer say.

Something about this sounds funny.

Need more info...



he can't tell me exactly what his lawyer said, but from him it sounds like a felony conviction is on the way. just trying to help the guy deal with the consequences. it's some scary stuff, and nothing funny about it at all if you ask me.





Nope....... nothing at all. That's pretty much WHY you don't DO crimes.


If you do....... Well, tough shit, I say.

Reap what you sow.

Link Posted: 8/14/2005 9:54:54 AM EDT

Originally Posted By FordGuy:
you would be surprised how easy it is to lose your firearms rights. a felony (what I am hearing) is anything punishable by over a year in jail..


From what I understand, during the debate whether a person convicted of a violent misdemeanor should loose his gun rights, it was brought out that 2/3 of all laws are considered felonies.
Link Posted: 8/14/2005 9:55:28 AM EDT
[Last Edit: 8/14/2005 9:55:58 AM EDT by DK-Prof]

Originally Posted By FordGuy:

Originally Posted By DScott:

Originally Posted By FordGuy:

Originally Posted By david_g17:
since no one else asked, i will.

what did he do?



he says he's about to be indicted (I don't understand what for) and trying to figure out whether to fight it or plea.



I don't get it. If he hasn't been convicted, he hasn't lost his rights yet. What does his lawyer say.

Something about this sounds funny.

Need more info...



he can't tell me exactly what his lawyer said, but from him it sounds like a felony conviction is on the way. just trying to help the guy deal with the consequences. it's some scary stuff, and nothing funny about it at all if you ask me.




Why "can't" he tell you what his lawyer said?

Do you not know what he is accused (or about to be indicted) for, or do you just not want to say?


(I KNOW it's not really relevant to your question, but I'm just curious)

Link Posted: 8/14/2005 10:06:47 AM EDT

Originally Posted By DK-Prof:


Why "can't" he tell you what his lawyer said?

Do you not know what he is accused (or about to be indicted) for, or do you just not want to say?


(I KNOW it's not really relevant to your question, but I'm just curious)




No it really is relevant. If it was a violent felony, or a felony where a gun was involved he can never get his ownership rights back. If it is another kind of felony, he can petition the court to get them back later. So knowing what he did is important information
Link Posted: 8/14/2005 10:12:41 AM EDT

Originally Posted By Justa_TXguy:
Yes, felons hang around here and post about having firearms.




Hell, I saw G. Gordon Liddy on some talk show(Carson, Merv Griffin ??) years ago..
He stated :
"Yes, as a felon I can't own any firearms, but my wife does.
She keeps some of 'em in the nightstand on my side of the bed...." (wink, wink, nudge, nudge)

Is G. Gordon still amoungst the living...??
Link Posted: 8/14/2005 10:14:29 AM EDT

Originally Posted By w4klr:
I had to let him go and explain company policy, I never thought I would ever have to throw a veteran back to the street.

This all happened 15 minutes ago.



That is discrimination pure and simple.

Sgatr15
Link Posted: 8/14/2005 10:15:22 AM EDT
[Last Edit: 8/14/2005 10:19:41 AM EDT by Doucheatron3000]
I'm no lawyer (thought I play one on Mexican TV), but isn't an indictment not exactly the same as a conviction?

ETA: I second (or maybe third or fourth) the idea f him 'selling' his guns to someone like family or friends to hold onto if it's a nonviolent felony. If he can get his gun rights reinstated then he can get the guns back without much trouble, and if not the holder can sell them for him.
Link Posted: 8/14/2005 10:16:09 AM EDT

Originally Posted By Girlieman:

Originally Posted By Justa_TXguy:
Yes, felons hang around here and post about having firearms.




Hell, I saw G. Gordon Liddy on some talk show(Carson, Merv Griffin ??) years ago..
He stated :
"Yes, as a felon I can't own any firearms, but my wife does.
She keeps some of 'em in the nightstand on my side of the bed...." (wink, wink, nudge, nudge)

Is G. Gordon still amoungst the living...??



Yep, alive and well.
G Gordon Liddy Website
Link Posted: 8/14/2005 10:17:44 AM EDT

Originally Posted By Girlieman:

Originally Posted By Justa_TXguy:
Yes, felons hang around here and post about having firearms.




Hell, I saw G. Gordon Liddy on some talk show(Carson, Merv Griffin ??) years ago..
He stated :
"Yes, as a felon I can't own any firearms, but my wife does.
She keeps some of 'em in the nightstand on my side of the bed...." (wink, wink, nudge, nudge)

Is G. Gordon still amoungst the living...??



I was on a plane with him and his wife a few years ago. I didn't know who he was at the time, but he was taking pictures with the stewardesses, so I had to ask.
Link Posted: 8/14/2005 10:32:15 AM EDT

Originally Posted By Girlieman:

Originally Posted By Justa_TXguy:
Yes, felons hang around here and post about having firearms.




Hell, I saw G. Gordon Liddy on some talk show(Carson, Merv Griffin ??) years ago..
He stated :
"Yes, as a felon I can't own any firearms, but my wife does.
She keeps some of 'em in the nightstand on my side of the bed...." (wink, wink, nudge, nudge)

Is G. Gordon still amoungst the living...??



G. Gordan has his own talk radio show on one of the stations outa Nashville, very entertaining
Link Posted: 8/14/2005 10:43:11 AM EDT
Link Posted: 8/14/2005 10:45:43 AM EDT
Link Posted: 8/14/2005 10:46:35 AM EDT

Do you mean to tell me that they actually ENFORCE firearms laws in SC?
When I was serving GJ duty, almost all the cases we heard involved "felon in posession" charges, ALL of which were true-billed. If this guy is convicted, and then even touches a gun & gets nailed, the feds'll drop the hammer on his ass post-haste, trust me.
Link Posted: 8/14/2005 10:57:35 AM EDT
[Last Edit: 8/14/2005 11:20:36 AM EDT by rkbar15]

Originally Posted By Aimless:

Originally Posted By lokt:
felons can petition the court to get their firearms rights back after they have served their sentence. There is no guarantee the court will grant their request, but with the right lawyer, judge, and if the felon has kept his nose clean in the few years since he got out of prison, demonstrating that he can be a contributing, law abiding citizen...then there is a possibility.


I think there are a couple people on this site that have gone through the above and have had their rights reinstated.

maybe he could sell them to his brother or you for a couple bucks and you can sell them back to him if he is successful in a few (??) years.



I believe you are mistaken. He could petition the court for relief from civil disabilities, but I do not believe that would prevent him from being charged federally with illegally possessing a firearm as a felon. There used to be a process you could go through with the ATF where you could file some kind of petition asking for a review to see if they would allow a felon to possess firearms (or something like that) but the funding for that was removed during some budget cutback (I think during the Klinton administration) as far as I know the applications get thrown in the thrash or stored in boxes in that warehouse with the Ark of the Convenant.

I think



If you are convicted in State court and your right to possess firearms are restored at the State level your RKBA are restored at the Federal level. If you are convicted of a disqualifying felony in Federal court your only recourse is a presidential pardon.

ETA: If you were convicted of a misdemeanor crime of domestic violence you may still be prohibited from possessing firearms under Federal law even if your rights are restored at the State level.
Link Posted: 8/14/2005 11:04:11 AM EDT

Originally Posted By sgtar15:

Originally Posted By w4klr:
I had to let him go and explain company policy, I never thought I would ever have to throw a veteran back to the street.

This all happened 15 minutes ago.



That is discrimination pure and simple.

Sgatr15





You are kidding right?
Link Posted: 8/14/2005 11:04:20 AM EDT

Originally Posted By Doucheatron3000:
I'm no lawyer (thought I play one on Mexican TV), but isn't an indictment not exactly the same as a conviction?

ETA: I second (or maybe third or fourth) the idea f him 'selling' his guns to someone like family or friends to hold onto if it's a nonviolent felony. If he can get his gun rights reinstated then he can get the guns back without much trouble, and if not the holder can sell them for him.



United States Code
TITLE 18 - CRIMES AND CRIMINAL PROCEDURE
PART I - CRIMES
CHAPTER 44 - FIREARMS

Section 922. Unlawful acts

(d) It shall be unlawful for any person to sell or otherwise
dispose of any firearm or ammunition to any person knowing or
having reasonable cause to believe that such person -
(1) is under indictment for, or has been convicted in any court
of, a crime punishable by imprisonment for a term exceeding one year;
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