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1/25/2018 7:38:29 AM
Posted: 6/15/2001 3:28:59 PM EST
i've been thinking about this and was wondering if anybody could enlighten me. suppose a guy was convicted of a felony and couldn't possess any more firearms, as the law goes. no suppose this guy gets married. the wife is completely legal to own firearms. (i'm sure you see where i'm going with this.) if she buys them and they're in her name and whatnot, and they're stored in the house she shares with felonious hubby, can hubby get in trouble for that? just curious.
Link Posted: 6/15/2001 3:33:32 PM EST
Link Posted: 6/15/2001 3:42:13 PM EST
[Last Edit: 6/15/2001 3:40:59 PM EST by ARlady]
Originally posted by SGB: Possession denotes control not necessarily ownership
View Quote
that's exactly what i'm asking. in the eyes of law enforcement and the courts IS there a difference between possession and ownership? since the one does not NECESSARILY denote the other, is there room for wiggling? or is it "too bad, so sad?" in my example, it's clear he doesn't OWN any, but would he be charged with possession anyway? i didn't know about the 7 years thing. thanks. edited for further clarification.
Link Posted: 6/15/2001 3:46:26 PM EST
Arlady, Don't mess with him. Take me instead. No convictions. Can I bring my wife and kids.
Link Posted: 6/15/2001 3:47:06 PM EST
[Last Edit: 6/15/2001 3:46:16 PM EST by SGB]
Link Posted: 6/15/2001 3:48:15 PM EST
Y'know, sometimes I wish I was a convicted felon. Then if I got it into my mind to own a gun (and I would), I could buy an M16 without paying the tax. I mean, if you're going to do something illegal and hope you don't get caught, might as well go all out. I got a story along these lines, but I don't feel like typin' that much. Anyway, to get back on topic, I'm reminded of a story about a guy who got a felony rap, and he said he didn't own any guns, but his wife has a hell of a collection. G. Gordon Liddy, maybe? I disremember. Well that's anecdotal, rather than legal information. So I guess I really haven't contributed anything useful to this thread. Then again, I seldom contribute anything useful.
Link Posted: 6/15/2001 3:50:20 PM EST
Link Posted: 6/15/2001 3:50:44 PM EST
Don't marry a felon. Yes, I know that's a tough answer... BUT, if you make this your policy, you will be happier. No Druggies. No Felons. No Sissies. No Liberals. No Wife-beaters. No mullets.
Link Posted: 6/15/2001 3:53:33 PM EST
To avert a charge of possession, the weapons should be available only to the non-felon spouse, roommate, s.o., whatever. Like in a safe, room, closet, where the felon has no access to them. If they want him, they will charge him. And if they charge him, the long and short of it will be another guilty plea to avoid further exposure, expenses, etc. It's a bad deal all the way around. BTW good luck on getting the record expunged, lifted, or rights restored. 'Bout as likely as getting a pardon from the Clinton White House with [b]no[/b] cash or ass changing hands! Eric The(Cynical)Hun[>]:)]
Link Posted: 6/15/2001 4:37:42 PM EST
I had a roommate on parole before, I dont know if it changes after parole or not. I couldnt leave any guns in a "general access" area without being locked up and out of his "reasonable" ability to gain access to. I could have them laying all over the floor in my room if I wanted because that is not a "general access" area as they put it. I think you would probably be safe if it was in your own gunsafe. From what my old roomate told me, this is years later now and were still friends, his wife can have a gun and keep it in her possession, even in HER nightstand. As long as wherever it was kept wasnt deemed "his" or "theirs". Im not a laywer and Ive never dealt with it personally but thats what I have been told. The part about when he was on parole was told to me by his parole officer so I think thats probably true, at least in AZ. The rest Id recomend you call a lawyer or your state AG office.
Link Posted: 6/15/2001 4:49:23 PM EST
I hope that this doesn't mean that you intend to take up residence with an ex-con. Don't do it, the repercussions are extensive and long-lived. Stay clear until he has his record expunged.
Link Posted: 6/15/2001 5:03:38 PM EST
Yes. "It's only illegal if'n your caught"
Link Posted: 6/15/2001 5:03:57 PM EST
Link Posted: 6/15/2001 5:28:23 PM EST
"don't take up residence with an ex-con", "don't marry a felon" ?? Just because a person had a felony conviction doesn't necessarily make them bad. Personally I think she probably to be on the safe side needs to make a choice, one or the other, but don't take my advice. Seriously how many felonies do you people COMMIT in an average year? I notice some of you talk about napster or other mp3 sharing, ever d/l anything besides indie and live stuff? Felony. Ever have a joint or two in your house along with guns? Felony. Ever hollowed out a cat. conv, buggered with egr valves or smog pumps? Felony. And Probably numerous firearms ones amongst us. Do you strip the finish/coating from any hi-cap mag you buy at a gunshow to look for a date or LE signal? could be committing a felony and not even know it. I had a removable mag on my SKS along with a pistol grip stock and bayo lug, it was that way for three or four years and I never knew I was doing anything wrong, I was just lucky I didn't get caught. Doesn't make me a bad person though. If it is legal to have them in a not "common" area of the house, it only remains legal if your on the good side of certain people. It's not too hard for "juliet bravo tangos" to move a rifle or two then, pow! a new felony conviction for each.
Link Posted: 6/15/2001 5:33:32 PM EST
I just want to make sure it clear that: I have not ever committed a felony I am not commiting a felony I do not plan on ever commiting a felony. And no, I am not changing my address to the big house! I may; however, make my permanent address my office since this is where I spend the VAST majority of my time.
Link Posted: 6/15/2001 5:33:34 PM EST
whoa there fellas. i'm not looking to hook up with any felons. not unless Matt S isn't telling me something. i was just thinking about gun ownership and all the stupid laws out there. and then one thought led to another and i realized that there are probably situations where one spouse probably gets convicted of a felony. and i wondered if the other spouse had to get rid of the firearms. etc. and so forth. really, i don't know any felons. and i certainly wouldn't risk having my guns taken away by living with one. and thanks for the answers. 'ppreciate it.
Link Posted: 6/15/2001 5:38:16 PM EST
HEY ARLADY EricTheHun pretty much summed it up, although I don't know if the seven year deal is differant from state to state. However it is true you can get your rights restored and as long as you remain arrest free during that "seven" year period. Bottom line if you push the issue and you get caught there goes your chance of getting your rights restored! [spank]
Link Posted: 6/15/2001 5:38:43 PM EST
Mrs. Liddy has an extensive firearms collection. G. Gordon Liddy: BATF's Worst Nightmare taken from GUN NEWS Digest / Spring 1995 As a former Army artillery officer, special agent of the FBI, international lawyer and a prosecutor, Liddy has more than a passing interest in firearms. He loves to shoot. And what does he shoot? "It's more a matter of what I don't shoot," Liddy said. "I like handguns the most. All the handguns I shoot are owned by Mrs. Liddy. I don't own any. I cannot legally do so in as much as I have felony convictions on my record. "But occasionally I'll go out to the range with Mrs. Liddy and with other friends-private ranges usually, over in Virginia. We all shoot and we interchange the various firearms that are owned by the people who are attending the shoot. We all share and share alike. "I've fired everything. My favorite for target is the .38 wadcutter, mid-range, which I fire out of a Smith & Wesson Combat Masterpiece with a target trigger and a target hammer spur-broad-hammer spur. It's got a ramp-front sight and adjustable rear sights. "Similarly with .357 Magnums. "A .45 Model 1911. That's the straight back that was carried in the First World War by my grandfather, which is now owned by Mrs. Liddy. "A 9mm parabellum P-35 Browning Highpower, Mrs. Liddy has that also. "Similar pieces owned by friends, all the way up to fully automatic weapons legally owned by friends. "We fire high power rifles. "And shotguns. I like trap over skeet, but I've shot both. I haven't done this new sporting clays stuff. It's very popular. I keep hearing about it, but I have yet to shoot it. "I've fired-owned by various members of my family-AR-15's, H-Bars, the M-1A (which is the semi-automatic version of the M-14) and the Garand, which was the piece that I was trained with. When I went into the service, that was the standard issue. "I guess you would call it the main battle rifle now to try to distinguish it from an assault weapon. Of course, I understand a true assault weapon is one capable of fully automatic fire with the flip of a selector switch. "You name it, and I've probably fired it."
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