Buying guns as a fellon

[drewmitch44]

How long do you have to wait to try to purchase a gun when you are a convicted fellon? I have a old friend that im not really friends with anymore that had a bad drug addiction and years and years ago he robbed a store for drug money. Well i just heard through other friends of mine that this guy has quite a collection of guns that he uses for hunting. I mean the guy really does duck and dove hunt so im not worried that he uses them for misuse, but i just thought you could not buy a gun anymore with a felony charge or numorious charges. Armed robery and drug charges and what not. I know the guy is not misuseing the guns but i just didnt know what the federal law was????

 

[tashasdaddy]

Re: Buying guns as a fellon

not suppose to be in possession of a gun. even one in the house, that belongs to someone else. is my understanding.

 

[RubberFrog]

Re: Buying guns as a fellon

Felon's can never own guns. He must have bought them all private party.

 

[triumphrick]

Re: Buying guns as a fellon

Some states will allow to have a record expunged and forgiveness for previous crimes. It can take about ten years to show the courts that you no longer are a serious threat to society and those felonies can be sealed. You are asking the courts to withdraw your plea and to have your felony conviction expunged. I would assume your friend has rehabilitated and has changed his life. Good for him.

 

[boatradioman]

Re: Buying guns as a fellon

he probably bought them before his conviction.I am sure he would get in trouble if the whoever surpervises him or the cops would find out.

 

[SooLineRob]

Re: Buying guns as a fellon

I didn't stay at a Holiday Inn Express last night, so I don't know the legalese involved. But I do know...

A guy that is a convicted felon, did his time (for dealing), quit screwing around, got his act together, and is allowed to own hunting firearms only; NO PISTOLS. His lawyer and the judge got together after his release and probation period and put it in writing he could own rifles and shotguns with magazines/capacities of 5 rounds or less.

 

[bomar76]

Re: Buying guns as a fellon

I didn't stay at a Holiday Inn Express last night, so I don't know the legalese involved. But I do know...

A guy that is a convicted felon, did his time (for dealing), quit screwing around, got his act together, and is allowed to own hunting firearms only; NO PISTOLS. His lawyer and the judge got together after his release and probation period and put it in writing he could own rifles and shotguns with magazines/capacities of 5 rounds or less.

NOT true.....and I have been an FFL holder for many years.
A felon is under disabilty (cannot own or posess any firearms of any type) for life.
An expungement is not valid in the eyes of the BATF either, once a conviced felon (and some misdemeanors qualify also) always a convicted felon.
I have a letter from the BATF on this.

 

[triumphrick]

Re: Buying guns as a fellon

If you want the law, I can quote the law. Just thought I'd respond in a friendly manner not full of legaleze. I volunteer in the state of Florida and work with people whose rights are being and have been restored. It is a two step process, that in Florida can take up to ten years. Once restrored, there will be no record of that event ever having happened. Consequently, you will have restored to you your second amendment rights. And for the gentleman from Ohio, with a letter, I will direct you to Ohio statutes 2953.32; 2953.33.
You may or may not be enlightened.

 

[CATransplant]

Re: Buying guns as a fellon

I was going to ask what kind of felony, but see that it was answered. Armed robbery? Do the crime; face the consequences. I'm sorry, but I'm not all that excited about someone who did time for armed robbery ever getting the right to own firearms again.

Other felonies, that don't involved armed force, I don't have problems with restoration of firearm rights, but armed robbery? Nope. Forget it.

Has this guy reformed himself? Yes? Good for him. And yet, he's committing another felony by owning the firearms he already has. If he's caught, he'll be doing time again, most likely.

Firearms are a right here in the USA. But when you commit a felony, you give up a lot of rights. In most states, you can't vote, either, or hold public office, in many cases. Sorry 'bout that. It's the risk you take when you break the law.

Armed felonies? No way. No thanks.

 

[Kenneth Brown]

Re: Buying guns as a fellon

Lots of misinformation. My dad has a felony conviction from '82. He recieved 7 years prison, then it was probated, and unknowst to him it was ran as deffered adjudacation. He has had his concealed handgun liscense for the last 8 years. Seems to me that if he cannot possess firearms then the govt screwed up in giving him a liscense. He has since bought 5-6 long guns and shotguns along with 4-5 pistols.

 

[bomar76]

Re: Buying guns as a fellon

And for the gentleman from Ohio, with a letter, I will direct you to Ohio statutes 2953.32; 2953.33.
You may or may not be enlightened.

Bad news for you, but OHIO law doesn't have a damn thing to do with the BATF...it's Federal....again, once a disabled felon, always a disabled felon.

 

[bhammer]

Re: Buying guns as a fellon

Man, This is about as bad as an oil thread or tabs or, you name it.. So much misinformation and half truths and the list goes on.... The best site that lays it out is here: http://www.williamslawonline.com/customfourpage.shtml

It is primarly NC law but deals with Federal law.

In a nutshell, there are SOME felony convictions and you can still own a weapon. Some states have the ability to regain your rights as well and it IS federally recognized (in the state). Also, the ATF has the process to restore your rights.... Albeit, Congress removed funding so the application process gets returned. I have a neighbor that just recently regained his rights through the ATF method but he is also a very large contributer to a political campaign.


1. No guns for felons. Most of us are familiar with the rule that a convicted felon cannot possess a gun. The federal rule is found in one of the main firearm statutes, 18 U.S.C. ? 922(g)(1). It says that anyone ?who has been convicted in any court of a crime punishable by imprisonment for a term exceeding one year? is barred from possessing a gun. The only felonies that are not covered by the federal gun ban are 1) those ?pertaining to antitrust violations, unfair trade practices, restraints of trade, or other similar offenses relating to the regulation of business practices,? per 18 U.S.C. ? 921(a)(20)(A); and 2) felony convictions from foreign countries, per Small v. United States, --- U.S. ---, 2005 WL 946620 (April 26, 2005).

 

[sunaj]

Re: Buying guns as a fellon

I don't believe that is correct, some ex felons can petition the court to own firearms, though I suppose this does not apply to all felons, and may be purely discretionary by the court

 

[SooLineRob]

Re: Buying guns as a fellon

NOT true.....and I have been an FFL holder for many years.
A felon is under disabilty (cannot own or posess any firearms of any type) for life.
An expungement is not valid in the eyes of the BATF either, once a conviced felon (and some misdemeanors qualify also) always a convicted felon.
I have a letter from the BATF on this.

OK then ... Here's the rest of the story. The BATF and State authorities did in fact "raid" by buddy's house when he tried to sell a used shotgun. How they got to his house is another CREEPY story in itself for another time. The BATF knew he was a felon, confiscated all his rifles, shotguns, and magazines and took his "legalese" paperwork. Two weeks later, his firearms and paperwork were returned to him.

bomar76, I realize you know the law as a FFL holder and I'm not trying to say otherwise; however I know a convicted felon that purchased rifles and shotguns, had them confiscated by the ATF, and subsequently returned to him. I recall the "legalese" addressed how he was to answer the questionaire during the background check, and his related paperwork spelled out the terms and conditions of purchasing/owning/possessing hunting firearms only. He WAS investigated, cleared of any wrongdoing, and given back his guns.

 

[WizeOne]

Re: Buying guns as a fellon

Don't know the ins and outs of it all but apparently, after 30+ years, G Gordon Liddy still claims that all of his firearms are titled to his wife.

..and his was not a crime of violence.

 

[waterinthefuel]

Re: Buying guns as a fellon

NOT true.....and I have been an FFL holder for many years.
A felon is under disabilty (cannot own or posess any firearms of any type) for life.
An expungement is not valid in the eyes of the BATF either, once a conviced felon (and some misdemeanors qualify also) always a convicted felon.
I have a letter from the BATF on this.

Sorry, but you are not correct, at least not for the entire nation. Three years after you are released from probation you can have a gun in Michigan.

THE MICHIGAN PENAL CODE (EXCERPT)
Act 328 of 1931

750.224f Possession of firearm by person convicted of felony; circumstances; penalty; applicability of section to expunged or set aside conviction; ?felony? and ?specified felony? defined.
Sec. 224f.
(1) Except as provided in subsection (2), a person convicted of a felony shall not possess, use, transport, sell, purchase, carry, ship, receive, or distribute a firearm in this state until the expiration of 3 years after all of the following circumstances exist:
(a) The person has paid all fines imposed for the violation.
(b) The person has served all terms of imprisonment imposed for the violation.
(c) The person has successfully completed all conditions of probation or parole imposed for the violation.
(2) A person convicted of a specified felony shall not possess, use, transport, sell, purchase, carry, ship, receive, or distribute a firearm in this state until all of the following circumstances exist:
(a) The expiration of 5 years after all of the following circumstances exist:
(i) The person has paid all fines imposed for the violation.
(ii) The person has served all terms of imprisonment imposed for the violation.
(iii) The person has successfully completed all conditions of probation or parole imposed for the violation.
(b) The person's right to possess, use, transport, sell, purchase, carry, ship, receive, or distribute a firearm has been restored pursuant to section 4 of Act No. 372 of the Public Acts of 1927, being section 28.424 of the Michigan Compiled Laws.
(3) A person who possesses, uses, transports, sells, purchases, carries, ships, receives, or distributes a firearm in violation of this section is guilty of a felony, punishable by imprisonment for not more than 5 years, or a fine of not more than $5,000.00, or both.
(4) This section does not apply to a conviction that has been expunged or set aside, or for which the person has been pardoned, unless the expunction, order, or pardon expressly provides that the person shall not possess a firearm.
(5) As used in this section, ?felony? means a violation of a law of this state, or of another state, or of the United States that is punishable by imprisonment for 4 years or more, or an attempt to violate such a law.
(6) As used in subsection (2), ?specified felony? means a felony in which 1 or more of the following circumstances exist:
(i) An element of that felony is the use, attempted use, or threatened use of physical force against the person or property of another, or that by its nature, involves a substantial risk that physical force against the person or property of another may be used in the course of committing the offense.
(ii) An element of that felony is the unlawful manufacture, possession, importation, exportation, distribution, or dispensing of a controlled substance.
(iii) An element of that felony is the unlawful possession or distribution of a firearm.
(iv) An element of that felony is the unlawful use of an explosive.
(v) The felony is burglary of an occupied dwelling, or breaking and entering an occupied dwelling, or arson.

History: Add. 1992, Act 217, Imd. Eff. Oct. 13, 1992

 

[beerfilter]

Re: Buying guns as a fellon

It seems to me , that , there are a lot of States' criminal codes that either absolutely deny , or , conditionally allow , the possession of firearms by convicted felons .

I'd be quite interested to know what , if any , FEDERAL statutes specifically deny 2nd amendment rights to convicted felons ?

" NOT true.....and I have been an FFL holder for many years.
A felon is under disabilty (cannot own or posess any firearms of any type) for life.
An expungement is not valid in the eyes of the BATF either, once a conviced felon (and some misdemeanors qualify also) always a convicted felon.
I have a letter from the BATF on this. "

The BATF is a law enforcement agency , so , unless they can tell you the actual code that applies , I would reply to such a letter with specific directions , probably extremely graphic in nature !
They are paid to enforce the laws , NOT to make their own , or , interpret those that actually exist .
THAT is the sole function of the Judiciary branch of our government .

I have little doubt that you do have such a letter , such is the BATF ( WACO , RUBY RIDGE , ETC... ) .

Of course , I could be wrong regarding Federal statutes , there MIGHT be something .

Of course IF there is such a law , AND , our rights are inalienable and endowed by our Creator , that means that NO court of man or the BATF has the right to remove them .

Hmmmmm .

 

[ricksrster]

Re: Buying guns as a fellon

In NY a one time felon can apply for a Relief of Disabilities. For 2 or more felonies there is another process a person has to go through by the Parole dept. Yes it is possible for a felon to get his rights back.
In NY he can get his right to fire arms but is still ineligible to hold public office. A judge can restore some rights and deny others.

 

[i12flytoday]

Re: Buying guns as a fellon

Bad news for you, but OHIO law doesn't have a damn thing to do with the BATF...it's Federal....again, once a disabled felon, always a disabled felon.

This isn't true AT ALL. For example, in NV (the last place I had do deal with a client with this type of stuff) the conviction isn't just sealed. It is actually "deemed to have never happened." The state actually sends the paperwork to the FBI and even the arrest no longer shows up in NICS. The reason this is important is because if the conviction was not in Federal court, then it has the same effect of a conviction that was overturned on appeal. This only applies to certain felonies and after a certain period of time. But the statement "once a disabled felon, always a disabled felon" and "OHIO law doesn't have a damn thing to do with the BATF" are substantially without merit. Under this logic, a person who is wrongfully convicted and cleared at a later time would still be barred from possessing a firearm. Also, in many states, the Judge that originally entered the certification of conviction can withdraw that certification at any time, even after the Judge retires. This has the same effect as Nevada's law as in the conviction is deemed to have never happened when a Judge does that. It's VERY rare, but it's on the books. Once the state says that it never happened, you can legally answer NO on prior felony convictions. This goes for employment law as well. A felon that goes through the proper process can legally answer that they have no convictions. If an employer fires this person for lying on their application, they can sue for damages. Most applications will actually state that you do not have to list offenses that have been expunged.

In the future, it would be wise to look into the actual laws regarding this type of stuff rather than a "letter" from the BATF. Nothing in this country's laws, especially the gun laws, is cut and dry.

I will state that I am in no way saying that I agree with this policy or procedure... but stating something in absolute in a certain way when it clearly isn't is quite dangerous. It all depends on the state and how they report information to the FBI and NICS. One that will really boggle your mind is that in NV, again, the state I have experience with, there is more than one person that was once convicted of a Felony and is now a police officer. In fact, if you call the Las Vegas Metro Police, they will be more than happy to tell you that if it has been cleared up properly, they can not bar you from employment based on that.

 

[SpinnerBait_Nut]

Re: Buying guns as a fellon

Let's stick with actual facts from the state you reside in please.
It varies from state to state I am sure, so this stuff that is nationwide don't cut it.
If you know the laws in your state, post or quote the statue, not just saying you know.
As has been said, misinformation on this can and would be dangerous.
Thanks