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Posted: 3/22/2006 1:42:15 PM EDT
[Last Edit: 3/22/2006 7:17:44 PM EDT by books]
I've been reading a post about a guy who had his 1911 confiscated due to one of his friends buddies being a felon and out target shooting. Here's my related question.

I'm definitely aware that Felons are prohibited from even touching a firearm. My question is how about people that are ineligible from buying a firearm, like those that were convicted of crimes punishable by imprisonment for over one year (non-felons), except state misdemeanors punishable by two years or less, or even people that have had a restraining order against them sometime in their past.

Are the authorities going to come down on you if you own firearms and are living in a house with someone that is not a felon, however, simply ineligible from buying firearms?? Are you breaking the law if you take them out target shooting???
Link Posted: 3/22/2006 8:07:05 PM EDT

Originally Posted By books:
I've been reading a post about a guy who had his 1911 confiscated due to one of his friends buddies being a felon and out target shooting. Here's my related question.

I'm definitely aware that Felons are prohibited from even touching a firearm. My question is how about people that are ineligible from buying a firearm, like those that were convicted of crimes punishable by imprisonment for over one year (non-felons), except state misdemeanors punishable by two years or less, or even people that have had a restraining order against them sometime in their past.

Are the authorities going to come down on you if you own firearms and are living in a house with someone that is not a felon, however, simply ineligible from buying firearms?? Are you breaking the law if you take them out target shooting???



The definition of a felony is any offense punishable by a year or more in prison, so your question does not make sense.

My advice would be not to associate with criminals of any kind, then you don't have to worry about what happens if you are caught associating with them.
Link Posted: 3/22/2006 8:12:44 PM EDT
In my state, it comes down to the definition and proof of possession. Sounds like the story you relayed is pretty cut and dry with that regard.

Your question is better answered by a prosecuting or district attorny in your state. Everyone here tries to help but sometimes we (me too) don't really know the facts pertaining to areas outside of our little domains.

Reasonably thinking I would hope your guns are safe. And...its always a good idea to pick your friends, roommates, etc. Guilt by association and all that.

Good Luck and be safe,

Voodoo
Link Posted: 3/22/2006 11:06:17 PM EDT

Originally Posted By books:
I've been reading a post about a guy who had his 1911 confiscated due to one of his friends buddies being a felon and out target shooting. Here's my related question.

I'm definitely aware that Felons are prohibited from even touching a firearm. My question is how about people that are ineligible from buying a firearm, like those that were convicted of crimes punishable by imprisonment for over one year (non-felons), except state misdemeanors punishable by two years or less, or even people that have had a restraining order against them sometime in their past.

Are the authorities going to come down on you if you own firearms and are living in a house with someone that is not a felon, however, simply ineligible from buying firearms?? Are you breaking the law if you take them out target shooting???



If a person receives a sentence of more than a year in jail, it is a felony by federal standards. Your state can call it anything they want but it is the length of the sentence that counts, not what you state names it. I had a meeting yesterday with an Assistant US Attorney and a couple of BATFE agents about filing cases and that exact question was brought up.

That does not apply if the person was sentenced to more than a year but got probation AND the record was cleared after the probation was served. I think some states call it unadjudicated or deferred probation. If a person is serving unajudicated probation and obtains a firearm, it is also against the law since they are still considered under indictment until their probation clears. If it is straight probation, then it is counted as a final conviction.
Link Posted: 3/23/2006 6:14:48 AM EDT
Basically, this applies to a close friend of mine that was charged with a misdemeanor years ago in Pa and only received 3 years probation and some comm. service time (I'm sure that the maximum sentance was time in jail). I don't know exactly what the charge was but I do know that he recently tried to buy a long gun and he was turned down. Now I don't understand how this can be seen as a felony if a genuine felon tries to purchase a legal firearm at an FFL, he is immediately arrested?

Now I was thiking of having this friend be my roommate. Do I have to get my firearms out of my place? Or can I just lock them up?
Link Posted: 3/23/2006 12:14:33 PM EDT
[Last Edit: 3/23/2006 12:14:50 PM EDT by ColtRifle]

Originally Posted By books:
Basically, this applies to a close friend of mine that was charged with a misdemeanor years ago in Pa and only received 3 years probation and some comm. service time (I'm sure that the maximum sentance was time in jail). I don't know exactly what the charge was but I do know that he recently tried to buy a long gun and he was turned down. Now I don't understand how this can be seen as a felony if a genuine felon tries to purchase a legal firearm at an FFL, he is immediately arrested?

Now I was thiking of having this friend be my roommate. Do I have to get my firearms out of my place? Or can I just lock them up?




If he got three years probation then he got charged with a felony. What was the charge?
Link Posted: 3/23/2006 12:39:30 PM EDT
[Last Edit: 3/23/2006 12:49:08 PM EDT by books]
No, it was a misdemeanor and I think it was for 'Simple Assault.' I even saw his background check first hand that he had to give his work.
Link Posted: 3/23/2006 1:40:30 PM EDT
[Last Edit: 3/23/2006 1:41:37 PM EDT by ARrrg]
You want a roomie who has a conviction of assault?

I think MajorKong offers good, simple advice.

The fact that you're making excuses for this friend seems to suggest you'll choose to ignore the advice.

Some folks who get in trouble with the law learn from the experience. Others don't. And THOSE folks have a knack of continually skirting the edge of breaking the law, mooching (and/or stealing) from friends and relatives, and just generally screwing up the lives of their buddies for as long as the association exists -- it's just one crisis after another.hinking.gif

I don't know what kind of buddy you have. For your sake, I hope it's the former.
Link Posted: 3/23/2006 1:55:17 PM EDT
Believe me, I wouldn't be defending this guy if I thought there was a possibility of any of this happening again. This conviction happened years ago and I KNOW nothing is going to happen. However, I want to adhere to the law no matter what and not jepordize anyone involved. If I have to either not roommate with him, or store my rifles somewhere else, so be it.. But if I can get away with locking them up I'd like to have that option.
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