need some help from my illinois buddies

[ARCHIVED THREAD] - need some help from my illinois buddies

Posted: 2/1/2006 2:22:18 PM EDT

my buddy married a gal that has a felony on her record. can he buy and own a gun in his house or is that a violation? thanks for any info.....

jake

Posted: 2/1/2006 2:59:53 PM EDT

[#1]

i'm afraid he is going to have to let her go.

Posted: 2/1/2006 5:38:45 PM EDT

[#2]

I don't know. He's not a felon and he is legally allowed to have one so there shouldn't be a problem there. The problem might come when she's the only one in the house and there are guns in the house and what might be considered "possesion".

Since I don't really know and I'm thinking out loud, I'll be quiet now.

WIZZO

Posted: 2/1/2006 5:39:35 PM EDT

[#3]

whenever I've heard about situations like this, my understanding is it's his house, but she can't ever TOUCH any guns/ammo, just what I've heard

Posted: 2/1/2006 8:53:45 PM EDT

[#4]

Quoted:
I don't know. He's not a felon and he is legally allowed to have one so there shouldn't be a problem there. The problem might come when she's the only one in the house and there are guns in the house and what might be considered "possesion".

Since I don't really know and I'm thinking out loud, I'll be quiet now.

WIZZO

You can't be in possession if you don't have access...he should have a gun locker/safe and be the only one with a key accessible.

I am not a lawyer, nor have I stayed at a Holiday Inn. Just an observation.

Posted: 2/2/2006 3:21:08 AM EDT

[#5]

Quoted:
my buddy married a gal that has a felony on her record. can he buy and own a gun in his house or is that a violation? thanks for any info.....

jake

What's the felony?

Posted: 2/2/2006 3:53:15 AM EDT

[#6]

What I think I know, based on real life:

Your buddy can purchase and possess firearms but he had better not leave them laying around. If his wife is on probation or supervision of some kind, it is a little trickier. If his wife is a bank robber then it may not be a good idea.

Posted: 2/2/2006 6:57:09 AM EDT

[#7]

Disclaimer: This is NOT legal advice, it is merely information. No exhaustive research has been done and I am only providing what information I found in a few minutes (which may or may not apply depending on who -- the Feds or the State -- were to bring charges and what jurisdiction's law would apply). Best advice would be to visit a lawyer versed in these issues.

U.S. v. Sianis, 275 F.3d 731, C.A.8 (Neb.),2002.

"Constructive possession of the firearm is established where the suspect 'has dominion over the premises where the firearm is located, or control, ownership, or dominion over the firearm itself.' " United States v. Lapsley, 263 F.3d 839, 841-42 (8th Cir.2001) (quoting United States v. Boyd, 180 F.3d 967, 978 (8th Cir.1999)). Additionally, "the possession need not be exclusive, but may be joint." Ortega v. United States, 270 F.3d 540, 545 (8th Cir.2001) (internal quotations omitted).

In this case, the firearm at issue was found in a bedroom that Sianis shared with his wife, and as such, he contends *734 that the gun belonged to her. First of all, "ownership is irrelevant to the issue of possession." United States v. Boykin, 986 F.2d 270, 274 (8th Cir.), cert. denied, 510 U.S. 888, 114 S.Ct. 241, 126 L.Ed.2d 195 (1993). Furthermore, the evidence suggests otherwise. Sianis led officers to the gun, which was located in one of Sianis's drawers containing only his wearing apparel. Sianis's knowledge of the location of the gun in one of his drawers sufficiently implies that he constructively possessed the gun. See Boyd, 180 F.3d at 978 ("[C]onstructive possession can be established by a showing that the firearm was seized at the defendant's residence." (internal quotations omitted)); Boykin, 986 F.2d at 274 (holding § 922(g) conviction may be based on constructive possession of firearm shown by seizure of firearm at defendant's residence). Moreover, Sianis admitted in his petition to enter a guilty plea that the gun was found in his bedroom in his sock drawer. We conclude Sianis constructively possessed the firearm.

U.S. v. Boykin, 986 F.2d 270 C.A.8 (Minn.),1993.

1. Felon in Possession Charge
Boykin contends that the government did not present sufficient evidence that he possessed the firearms found in the search of his home, and therefore did not prove that he violated 18 U.S.C. § 922(g) by being a felon in possession of a firearm.

A conviction for violating § 922(g) may be based on constructive or joint possession of the firearm. See United States v. Woodall, 938 F.2d 834, 837-38 (8th Cir.1991). Constructive possession of the firearm is established if the person has dominion over the premises where the firearm is located, or control, ownership, or dominion over the firearm itself. See id. at 838. Constructive possession can be established by a showing that the firearm was seized at the defendant's residence. United States v. Apker, 705 F.2d 293, 309 (8th Cir.1983), cert. denied, 465 U.S. 1005, 104 S.Ct. 996, 79 L.Ed.2d 229 (1984).

The evidence introduced at trial demonstrated that the house where the firearms were seized was Boykin's residence, and Boykin admitted at the time of his arrest that he lived in that house. Boykin's personal belongings were in the bedroom where the firearms were located, and at trial, Boykin's daughter referred to the bedroom in a manner indicating that Boykin and his wife shared it. Boykin's wife claimed to own the firearms; however, ownership is irrelevant to the issue of possession. United States v. Hernandez, 972 F.2d 885, 887 (8th Cir.1992). We find that the evidence was sufficient to establish constructive possession and supports the jury's verdict on this charge.

Edited to add: Out of all the advice posted, I think Dawg180's advice is best. It is harder to argue someone has dominion over a gun safe if it requires a key (as opposed to a combination) and the only keys were in the possession of somebody else. Again, I would recommend checking with a lawyer who can do the exhaustive research and give you a definitive answer.

Oh, and BTW, I stayed at a Holiday Inn last night. J/K.

Posted: 2/2/2006 8:08:25 AM EDT

[#8]

Quoted:

What's the felony?

+1

Posted: 2/2/2006 3:55:02 PM EDT

[#9]

Tell your friend to buy a gun safe. Lock 'em up.

Posted: 2/3/2006 1:07:36 PM EDT

[#10]

This brings to mind an interview with G Gordon Liddy awhile back.

He was asked since he was a felon, did he still own guns?

He responded something to the effect of..."I don't own or posses any guns, but my wife is armed to the teeth!"

Posted: 2/3/2006 5:50:39 PM EDT

[#11]

Don't marry a felon. Problem solved.

Posted: 2/4/2006 6:38:25 AM EDT

[#12]

Quoted:
This brings to mind an interview with G Gordon Liddy awhile back.

He was asked since he was a felon, did he still own guns?

He responded something to the effect of..."I don't own or posses any guns, but my wife is armed to the teeth!"

see i'd heard that. and i was saying the same thing. the deal is i'm trying to get him to buy a gun and go shootin'/home defense. but, she says she can't be around 'em. but i said that his second amendment rights can't be compromised because of her. and for those that need to know, it was a drug charge about 4 years ago and she has been clean since. the dcfs threatened to take her kid and so she cleaned up. i believe her cuz we party all the time together and i'd know. i grew up around that shit and i've kinda got a nose for it. plus she'd tell me. but that's irrevelant. i still think he can own a pistol or something and not be violating. but i'm now a lawyer. thanks guys.

jake

Posted: 2/4/2006 7:28:25 AM EDT

[#13]

Quoted:
Quoted:
This brings to mind an interview with G Gordon Liddy awhile back.

He was asked since he was a felon, did he still own guns?

He responded something to the effect of..."I don't own or posses any guns, but my wife is armed to the teeth!"

see i'd heard that. and i was saying the same thing. the deal is i'm trying to get him to buy a gun and go shootin'/home defense. but, she says she can't be around 'em. but i said that his second amendment rights can't be compromised because of her. and for those that need to know, it was a drug charge about 4 years ago and she has been clean since. the dcfs threatened to take her kid and so she cleaned up. i believe her cuz we party all the time together and i'd know. i grew up around that shit and i've kinda got a nose for it. plus she'd tell me. but that's irrevelant. i still think he can own a pistol or something and not be violating. but i'm now a lawyer. thanks guys.

jake

His best bet might be to just keep it "off property" i.e. not in his own house.

Hey, you are a good friend, he could keep it at yoru place, right?

[ETA] and before someone makes a smartass comment about "well he shouldn't have married an ex-junkie" or some nonsense like that, realize that if HB2414 were to pass we would all be felons too. Once upon a time, after you had served your time and paid off your debt to society you were considered a full fledged member of society again. Sadly, these days it is not the case. You have to go around with a "Red Letter" for the rest of your life.

This is how they sneak gun control up on us...one small step at a time. First it is ex-felons, then things like "metal health in the last five years," "Domestic abuse," and so on...one day it may be "any felony or misdameanor on your record" and then they got us all.

Posted: 2/5/2006 6:23:50 AM EDT

[#14]

Quoted:
Quoted:
Quoted:
This brings to mind an interview with G Gordon Liddy awhile back.

He was asked since he was a felon, did he still own guns?

He responded something to the effect of..."I don't own or posses any guns, but my wife is armed to the teeth!"

see i'd heard that. and i was saying the same thing. the deal is i'm trying to get him to buy a gun and go shootin'/home defense. but, she says she can't be around 'em. but i said that his second amendment rights can't be compromised because of her. and for those that need to know, it was a drug charge about 4 years ago and she has been clean since. the dcfs threatened to take her kid and so she cleaned up. i believe her cuz we party all the time together and i'd know. i grew up around that shit and i've kinda got a nose for it. plus she'd tell me. but that's irrevelant. i still think he can own a pistol or something and not be violating. but i'm now a lawyer. thanks guys.

jake

His best bet might be to just keep it "off property" i.e. not in his own house.

Hey, you are a good friend, he could keep it at yoru place, right?

[ETA] and before someone makes a smartass comment about "well he shouldn't have married an ex-junkie" or some nonsense like that, realize that if HB2414 were to pass we would all be felons too. Once upon a time, after you had served your time and paid off your debt to society you were considered a full fledged member of society again. Sadly, these days it is not the case. You have to go around with a "Red Letter" for the rest of your life.

This is how they sneak gun control up on us...one small step at a time. First it is ex-felons, then things like "metal health in the last five years," "Domestic abuse," and so on...one day it may be "any felony or misdameanor on your record" and then they got us all.

you're right, i just don't think he should be unarmed and basically defenseless with two children because she made a mistake that she thoroughly realizes was a bad choice years ago. just seems goofy to me. that's who he wanted to marry. she's a good girl, i like her a lot. my wife likes her a lot, i just wish it was in a lovey feely way and they'd take pictures for me

. but OH NO, they won't do that because it's wrong.......bullshit. i'm against gay men, but i like lesbians.....as long as they're hot.......with big boobs

. hey, it's my thread damnit, and if i wanna be retarded then i will.........

jake

Posted: 2/6/2006 4:40:27 PM EDT

[#15]

Tell your friend to hire a lawyer for $1k and get her felony expunged.

Posted: 2/6/2006 4:56:28 PM EDT

[#16]

Quoted:
Tell your friend to hire a lawyer for $1k and get her felony expunged.

.............expunged............well, i'm kind of a dumbass and have no idea what that means. i'll take it as something like reversed, revoked, or repealed. anyway, i'll pass the word along. thanks.

jake

Posted: 2/7/2006 5:58:00 AM EDT

[#17]

Removed from her record making her no longer a felon.

Posted: 2/7/2006 8:30:54 AM EDT

[#18]

Quoted:
Tell your friend to hire a lawyer for $1k and get her felony expunged.

You can't expunge a Felony unless the Judge is your Brother. Go hire OJ's lawyer you might get it expunged.

Posted: 2/7/2006 7:22:51 PM EDT

[#19]

Quoted:
Quoted:
Tell your friend to hire a lawyer for $1k and get her felony expunged.

You can't expunge a Felony unless the Judge is your Brother. Go hire OJ's lawyer you might get it expunged.

haha, wasn't it judge ito or somethin'? he's not really a brother, minority yes, brother-no. but yeah, i see your point.

jake

[ARCHIVED THREAD] - need some help from my illinois buddies

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