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Posted: 2/2/2006 5:34:15 PM EDT
Friend of mine (non gun owner) and I were talking yesterday and he asked about people with felonies cannot purchase them. Then he asked me an interesting question. i dont have the answer to it.

"If someone was to own firearms, then commits a white collar felony (embezzlement or whatever) and gets convicted, does he have to turn in what he has or do they confiscate it at the time of arrest?"

Link Posted: 2/2/2006 5:36:21 PM EDT
my uneducated guess is they are confiscated at time of arrest...


Link Posted: 2/2/2006 5:38:00 PM EDT
What guns?
Link Posted: 2/2/2006 5:39:59 PM EDT
Felony is a felony, white collar or not he loses his rights to own firearms. Remember that at tax filing time!
Link Posted: 2/2/2006 5:44:49 PM EDT

Originally Posted By GUNGUY1911:
Felony is a felony, white collar or not he loses his rights to own firearms. Remember that at tax filing time!



I know he loses that right, I just wanted to know ... When Mr Big (his boss) catches him and calls the authorities, do they arrest him, and go to his house and take his guns or do they wait until there is a conviction.

I know about AFTER they are out of prison... go to the gun store... do the NICS and "Sorry Charlie" but I wanna know, do the authorities remove them from the accused at the time of the arrest or wait?
Link Posted: 2/2/2006 5:44:59 PM EDT
He doesn't own any guns, he lost them all in a tragic accounting accident.
Link Posted: 2/2/2006 5:48:18 PM EDT
The authorities do not automatically confiscate them; it is his responsibility to transfer them to another party.
Link Posted: 2/2/2006 5:50:08 PM EDT
Link Posted: 2/2/2006 5:59:04 PM EDT
[Last Edit: 2/2/2006 6:03:02 PM EDT by DasRonin]
You are arrested (if this is federal)... taken to a U.S. Marshals office to be processed and for a first appearance. You are interviewed by pretrial services related to bond. (Most white colar will get a bond.) You are ordered to have all firearms removed from your house by someone other than you. It does not matter how many people live in the house or who owns the guns... they are ordered out of the house. You are released on bond, and supervised by pretiral services.

At this point you are not a convicted felon... you are innocent until proven guilty, BUT as a condition of your bond, no firearms where you live or in your possession during your court proceedings. None in the house you live in no matter who owns them. The "It's my wife's gun" will not fly and you could have your bond revoked and stay in custody until your case is settled by trial or guilty plea.

Guilty... no firearms for life. Once again if there is a gun in your house, the "It belongs to my wife or child" will not fly. You will be in constructive possession of a firearm. You can and will be charged with felon in possession of a firearm. No matter who owns the gun, it is taken as evidence and will later be destroyed after conviction.

If found not guilty... as soon as the jury delivers the not guilty finding to the judge at the end of the trial. You can again have your guns moved back into the house.

Unless somehow the gun was associated to the white colar crime, or some other reason to take it for evidence... it will not be taken as a rule when you are arrested. Of course if you are arrested from your car when you are stopped in traffic, and you are on your way home from shooting, the car will be towed and the weapons held to secure them from theft. If you are a licensed CCW, they will take it and your attorney can have it released to a family member since it is not evidence, as with all personal property. ...and of course you cannot CCW while on bond as a condition of your bond. State law will apply related to a not guilty finding at trial, and if it will effect your CCW afterwards because you were arrested for a felony.

That is the way it works in federal court.
Link Posted: 2/2/2006 6:01:57 PM EDT

Originally Posted By fossil_fuel:
He doesn't own any guns, he lost them all in a tragic accounting accident.



Link Posted: 2/2/2006 6:06:04 PM EDT
I heard that you can petition the court to restore your right to possess firearms. I would not bet on the validity of that statement based on the source I heard it from.

Is that true? Has anyone else ever heard of that?
Link Posted: 2/2/2006 6:06:14 PM EDT
Weapons that are not evidence will not be removed from your dwelling. At your initial appearance, you will be ordered not to posess weapons as a condition of your release. They may not mention what do do with your weapons. Call a friend (maybe the same one that is willing to pick your sorry ass up at 5 AM) and have them remove all weapons from the premises for you.
Link Posted: 2/2/2006 6:10:13 PM EDT
Ask G. Gordon Litty or Bill Fleming.
Link Posted: 2/2/2006 6:14:03 PM EDT
[Last Edit: 2/2/2006 6:17:18 PM EDT by npd233]
Upon conviction is when he loses the right to possess firearms. He may be prohibited from possessing firearms as a condition of bond. He can transfer them to family or friends for safekeeping, or to the local PD. If he gets convicted, he'll have to arrange to sell them off, and will have to have someone legally allowed to possess them take care of all the handling.
Link Posted: 2/2/2006 8:37:55 PM EDT
What Nppd22 said if you are convicted of certain crimes that prohibit you from owning firearms,you best not have any!!

As you know you cannot have a CCL if you live with or harbor people that cannot own such!!!

As seen on TV lately it seems many police should not have guns!

Bob
Link Posted: 2/2/2006 8:44:09 PM EDT
Yup, you can still own them, but you cannot possess them. They must be removed from your AO, but you can still be the owner of them.
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