Hello, right now I am waiting on a charge of disability to own firearms. I am a convicted felon and I am not allowed to own a firearm. The thing is that my wife owns several and keeps them locked in a safe that I do not have the key to. The question is, can they really charge me with this?

The simple answer is - yes. The "usual" wording is that a felon cannot own a firearm or reside in a home which contains a firearm, secured or unsecured. I believe this is Federal Law, not State Law.

Felons who were visiting a home, Police showed up, firearm in home, felon (visiting) arrested on more than one occasion.

Judy is correct. Firearms must not be kept in the residence of a convicted felon, whether in a safe or not.

Yes, in fact the firearm does not even have to be working,
My family member is doing 5 years on a federal charge of felon with a firearm. The gun was a old single shot shot gun that was rusted shut and could not have even been opened and loaded

yes, in fact the firearm does not even have to be working,
My family member is doing 5 years on a federal charge of felon with a firearm. The gun was a old single shot shot gun that was rusted shut and could not have even been opened and loaded

More proof that our system of government isn't working any more. Most everyone who gets elected to Congress votes as of he or she is mentally handicapped.

The question is, can they really charge me with this?Hello thompson:

Well, of course, they can and they did. The question is, can you beat it? I'll bet you can, especially if it's NOT the feds who are prosecuting you, and it doesn't sound like it is. Their charge would be "felon in possession of a firearm". This "disability" thing sounds VERY state law.. I don't know.. Maybe the search was illegal. What were they looking for? Did they have a warrant?

Plus, your wife has a Constitutional right to own a gun, and you have a Constitutional right to live with her. The fact that you don't have access is key too. I don't know how this will turn out... But, I don't think it's as black and white as my compatriots do, though.

You need a good lawyer.

excon

Well, thanks and I guess that the real question would come down to, what is access to firearms? Did the ATF mislead me? I did not get anything in writing. I mean I am scared that I will loose years of my life for something like this.

Well, thanks and I guess that the real question would come down to, what is access to firearms? Hello again, thompson:

No, that ISN'T the real question. I mentioned the REAL question, which is, HOW did they discover that you had the gun?? If the search was illegal, then it doesn't matter if you slept with the guns under your pillow.

I don't know if the ATF mislead you. What did they say?

excon

Yes, and again is it state or local court and police or are the Feds doing this. In Federal Court there is less need to meet some specific requirements that may be present.

Thus the reason the locals gave it to the Feds in my family members case. He had betten charges twice by the locals so they called in the Feds since they wanted him bad enough. ** He was not a choir boy and deserves morally to be in prison, **

But a good attorney fighting constitutional and civil rights law may get you off, but you will need a large check book.
Sadly the CLU does not represent PRO gun cases that I know of.

All right, the ATF told me that as long as I did not have access to them it would be all right. They said that as long as they were locked in a safe and I did not have access to the key or the combination then I would not have access to them. "As long as you can not run and pick it up you do not have access to the firearms."
Here is what happened. My wife and I had an argument. The kids and I left to go to my grandmother's house for a little bit to let things cool down. I went to go back home to pick up some clothes for my kids and I. When I got to the water (for about a month out of the year the only way to and from my home is by boat) there were sheriff cars and firetrucks and boats in the water. I knew a couple of the firefighters and they told me that I was on the other side of the water with my wife and kids at gunpoint. I believe that her father called the sheriff's department and told them this is what happened. He does not like me one little bit. Anyway, I waited for the deputys to come back to the where I was and they arrested me on a felony demestic violence charge. Six hours later they gave me papers on the firearm charge. I have no prior domestic charges, so that was wrong. 3 days later the judge dismissed the domestic violence case. Now I am being told that they are waiting on the grand jury to meet so they can serve me an indictment. They more or less bullied my wife to let them in the house and made her open the safe so they could take the firearms. They told her is was what they had to do and she had no choice. It was for the safety of the house. So, here I am waiting to get arrested for something I think I should not even have to worry about. To make matters worse my father, before his passing, was in a fight with the deputy that arrested me and there is a bit of bad blood that way since his lawyer got him out of the trouble of hitting a deputy.
Here is an example of how this town is. I have a criminal damaging charge against me for breaking my own windshield. That was three years ago. That should sum up how they work here.
Sorry about any spelling.

I trust you will retain legal counsel and let us know how this works out. In the meantime J9 is the expert and she's not here.

Federal Law trumps State Law - I don't understand why the arresting agency makes a difference. Hopefully J9 will let us know.

Interestingly domestic violence, even as a misdemeanor, prohibits a person from having a firearm in his/her house.

This is a good site - it's privately sponsored and addresses one State but gives a comprehensive rundown of Federal Law. http://www.williamslawonline.com/Press-Room/Top-10-Things-Know-About-Federal-Gun-Law.shtml

It might help me to know your location. Once I know that, I will talk about this to my husband who is the actual firearms expert.

... Now I am being told that they are waiting on the grand jury to meet so they can serve me an indictment. They more or less bullied my wife to let them in the house and made her open the safe so they could take the firearms. They told her is was what they had to do and she had no choice.
...
Here is an example of how this town is. ...

Suggests to me that OP is facing state, not federal charges. Thus it may be that what others said on page 1 of this thread (gun locked in safe, or gun broken etc. not a defense) may not apply. Also, if he can establish that the ATF told him it's OK as long as they are locked away, and that the local officers forced the wife to open the safe, he should be able to beat the charges (if the GJ even returns an indictment).

Thompson, be sure to let us know please.

They more or less bullied my wife to let them in the house and made her open the safe so they could take the firearms. They told her is was what they had to do and she had no choice. Hello again, thompson:

Sounds like an illegal search to me.

excon

I am questioning the word "disability." Does OP mean INability?

Ok, I was indicted on a 3rd degree felony of disability to own firearms. I am facing charges against state law. I have come to find out that when I completed my probation for my felony that I was restored all of my civil rights. However, they have not dismissed the charges yet. The way I understand it is even if I had access it should not matter anyway and they are wasting time and money pursuing this matter. Now, it seems to me that I need to find an attorney that is not afraid to sue the sheriff's department or the county however that works. The way I see I was wrongfully arrested 2 times with $10,000 bond each time with no 10% option. What do you guys think?

I think you were asked "what State" so an expert who is married to a actual firearms dealer could ask him and check the law for you.

I think you should answer her.

You feel strongly that you have been mistreated. Find an Attorney who agrees with you.

I live in Ohio.

Now, it seems to me that I need to find an attorney that is not afraid to sue the sheriff's department or the countyHello again, t:

I agree. I also never met an attorney who was afraid to sue the sheriff. They have them in Ohio? What do they do? Sweep the floor of their empty office?

excon

Around here that pretty much sums it up. I live in a very crooked town. Here cases are decided over lunch and not in the courtroom.

Around here that pretty much sums it up. I live in a very crooked town. Here cases are decided over lunch and not in the courtroom.Hello again, t:

If your town doesn't follow the rules, then it doesn't matter WHAT the rules are. So, your problem isn't the RULES, it's your LOCATION... Here's the answer: MOVE!

excon

Hello again, t:

I agree. I also never met an attorney who was afraid to sue the sheriff. They have them in Ohio? What do they do? Sweep the floor of their empty office?

excon


Around here that pretty much sums it up. I live in a very crooked town. Here cases are decided over lunch and not in the courtroom.

I agree with Excon. It is my conviction that, whenever someone makes this "attorney afraid to cross swords with local powers-that-be" complaint, the real issue is one (or both) of two things:

the client doesn't have a legitimate case; or
there is no money in it.


If the money were there, and most lawyers are in the business of making money (There's nothing wrong with that.), you would have no problem finding an out-of-town lawyer to take the case.


... Now, it seems to me that I need to find an attorney that is not afraid to sue the sheriff's department or the county however that works. ...
How that works is that only after you are acquitted, you can look at suing the sheriff or the county.


... The way I see I was wrongfully arrested 2 times with $10,000 bond each time with no 10% option. ...

The amount or conditions of the bond were, I believe, set by the judge, not the sheriff.

Living in a small town myself I have to wonder if the OP isn't trying to use an attorney that actually represents the city. In my small town I used to work for the City Attorney.

Might be time to do some lawyer shopping and look beyond your town to a larger metropolis for another attorney.

... charge of disability to own firearms. ...



"2923.13 Having weapons while under disability.
(A) Unless relieved from disability as provided in section 2923.14 of the Revised Code, no person shall knowingly acquire, have, carry, or use any firearm or dangerous ordnance, if any of the following apply:

...
(2) The person is under indictment for or has been convicted of any felony offense of violence or has been adjudicated a delinquent child for the commission of an offense that, if committed by an adult, would have been a felony offense of violence.

(3) The person is under indictment for or has been convicted of any offense involving the illegal possession, use, sale, administration, distribution, or trafficking in any drug of abuse or has been adjudicated a delinquent child for the commission of an offense that, if committed by an adult, would have been an offense involving the illegal possession, use, sale, administration, distribution, or trafficking in any drug of abuse.
... (B) Whoever violates this section is guilty of having weapons while under disability, a felony of the third degree." Lawriter - ORC - 2923.13 Having weapons while under disability. (http://codes.ohio.gov/orc/2923.13)

I actually now have a "big shot" attorney. He himself seems shocked that this has not been dismissed.

What about orc 2967.16 where it says that I am restored all my civil rights?

Hello again, t:

That would be a great question for your big shot attorney.

excon

That is one of his main arguments... amongst other things

what about orc 2967.16 where it says that I am restored all my civil rights?

You mean this:


"...
(C) (1) Except as provided in division (C)(2) of this section, the following prisoners or person shall be restored to the rights and privileges forfeited by a conviction:

(a) A prisoner who has served the entire prison term that comprises or is part of the prisoner’s sentence and has not been placed under any post-release control sanctions;

(b) A prisoner who has been granted a final release by the adult parole authority pursuant to division (A) or (B) of this section;

(c) A person who has completed the period of a community control sanction or combination of community control sanctions, as defined in section 2929.01 of the Revised Code, that was imposed by the sentencing court.
..."

Perhaps "rights and privileges forfeited" means the same as "position of honor, trust, or profit", which in turn doesn't include the right to own a firearm. That's one possible way of interpreting it.