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Posted: 12/1/2005 9:45:51 AM EDT
I am wondering if a felony Youthful Offender voids your right to own firearms. My oldest did something really dumb. No one was hurt just some BS property damage. The DA is throwing the book at them like they are big time crooks. Normally this would be handled outside of court "whats the damage, pay up" and its over. It seems the powers that bew want to score points, and are more interested in points than in justice for the property owner. The detective involved is a known weasel, and has never done anything in terms of bettering life in the comunity.

Yes I am pissed that people make so much to do over so little. Anyway the trial is costing about $20K the damages are about $800 and the property owner is still swinging in the breeze months later. We could have settled this that week. What a waste!
Link Posted: 12/1/2005 9:53:23 AM EDT
We don't "score points" for enforcing the laws or prosecuting the violators. If your son comitted a felony he should be punished severly. You should be on the side of Law Enforcement and the District Attorney. That would be a good learning lesson for your child. He needs to know that you love him and will support him, but that there are consequences to his actions.

Most crimes comitted by juveniles can be sealed when they turn 18. Some more serious (like if they kill there Mother and Father) stay with them forever. I hope your son learns a valuable lesson and quits breaking the law.
Link Posted: 12/1/2005 10:03:52 AM EDT
Originally Posted By sum-rifle:
We don't "score points" for enforcing the laws or prosecuting the violators.

Elected DAs sure do score points, and last time I looked they are elected in NY (and many other, if not all, places).
Link Posted: 12/1/2005 5:33:53 PM EDT

Originally Posted By skypilot:
I am wondering if a felony Youthful Offender voids your right to own firearms.



To answer just this question, it depends on what state your Son lives in. I'd say that he should NEVER count on living in MA if he wants to ever own guns, even if he becomes a saint for the rest of his life.

When it comes to gun permits here (needed to buy/possess), ALL records (sealed, juvie, etc.) are looked at. Any question and the person is deemed "not suitable" and denied, under MA laws. MGL C. 140 S. 131 makes ANY FELONY conviction a lifetime disqualifier in MA!
Link Posted: 12/1/2005 5:49:32 PM EDT
[Last Edit: 12/1/2005 5:49:44 PM EDT by ar15_rifleman]

Originally Posted By skypilot:
I am wondering if a felony Youthful Offender voids your right to own firearms. My oldest did something really dumb. No one was hurt just some BS property damage.




That's the problem. He should have known better.
Link Posted: 12/2/2005 1:29:32 AM EDT

Originally Posted By skypilot:
I am wondering if a felony Youthful Offender voids your right to own firearms. My oldest did something really dumb. No one was hurt just some BS property damage. The DA is throwing the book at them like they are big time crooks. Normally this would be handled outside of court "whats the damage, pay up" and its over. It seems the powers that bew want to score points, and are more interested in points than in justice for the property owner. The detective involved is a known weasel, and has never done anything in terms of bettering life in the comunity.

Yes I am pissed that people make so much to do over so little. Anyway the trial is costing about $20K the damages are about $800 and the property owner is still swinging in the breeze months later. We could have settled this that week. What a waste!



you need to find out if being "adjudicated as a youthful offender" counts as a felony "conviction" in NY. that would be key. You need to ask the atty... I'm no lawyer or LEO so I am not 100% sure how this all works....
Link Posted: 12/2/2005 4:18:18 PM EDT
In NYS if your son is convicted of the charge(s) and he is eligible for and found to be a "youthful offender" his conviction will be vacated and replaced with a youthful offender finding. All records associated with the arrest, prosecution and trial proceedings will be sealed from public access. After he successfully completes the sentence of the court he will not be barred from possessing firearms and a YOA is not a bar for the issuance of a NYS Pistol license.

S 720.35 Youthful offender adjudication; effect thereof; records.
1. A youthful offender adjudication is not a judgment of conviction
for a crime or any other offense, and does not operate as a
disqualification of any person so adjudged to hold public office or
public employment or to receive any license granted by public authority
but shall be deemed a conviction only for the purposes of transfer of
supervision and custody pursuant to section two hundred fifty-nine-m of
the executive law.
Link Posted: 12/4/2005 12:56:14 PM EDT
Sounds like RKBAR15 has the facts. My 2c ; (and I've been in your shoes as a Dad) 1st;Try to get over the being "pissed" . Your boy needs to see positive reactions even when bad things happen. BTW; I sure don't want that to come off sounding preachy. Hopefully, you'll know what I mean. And 2nd; Don't even think about beating yourself up about this. There'll be plenty of perfect people willing to step up and do that for you. Hang in there. Stay safe
Link Posted: 12/11/2005 7:59:22 AM EDT
[Last Edit: 12/11/2005 8:00:34 AM EDT by JLH3]
In Arizona he must petition the court to have his rights restored after completing probation, just like an adult.


Arizona Revised Statutes:

13-912.01. Restoration of civil rights; persons adjudicated delinquent

A. A person who was adjudicated delinquent and whose period of probation has been completed may have his right to possess or carry a gun or firearm restored by the judge who discharges the person at the end of his term of probation.

B. A person who was adjudicated delinquent and who has been discharged from probation, on proper application, may have his right to carry or possess a gun or firearm restored by the judge of the juvenile court in the county where the person was adjudicated delinquent or his successors. The clerk of the superior court shall process the application on the request of the person involved or the person's attorney. The applicant shall serve a copy of the application on the county attorney.

C. If the person's adjudication was for a dangerous offense under section 13-604, a serious offense as defined in section 13-604, burglary in the first degree, burglary in the second degree or arson, the person may not file for the restoration of his right to possess or carry a gun or firearm until the person attains thirty years of age. If the person's adjudication was for any other felony offense, the person may not file for the restoration of his right to possess or carry a gun or firearm for two years from the date of his discharge.



By the way, I bet the guy who had $800 worth of damge to his property doesn't think it was BS. And as far as the County/District Attorney worring about reelection? Unless you're in a jurisdiction of 25 people, I doubt he has anything to do with your kid's case. Or even knows it exists.
Link Posted: 12/31/2005 9:52:09 AM EDT
Seek deferred adjudication if possible. Settle with the property owner.
Link Posted: 1/4/2006 12:50:45 PM EDT
BUT be careful about approaching the property owner with cash...It looks like"here is $800.00,do we need to go to court? Some places have laws concerning 'tampering with a witness.' Just to be safe, have the lawyer look into restitution- avoid any contact with victim.
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