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Ghost55
Jun 4, 2012, 06:50 AM
My door was kicked in by the drug task force about 5 months ago . They were looking for drugs . They didn't find any . They did find two handguns . I am a convicted felon who is not suppose to be around a weapon . My girlfriend told the agents the guns were hers . My girlfriend was not charged I was . I was charged with felon going armed . I have 3 consecutive probation sentences I was trying to complete . Seeing that I didn't actually get caught with either of the weapons on my person but there was one of the weapons in a drawer that contained my clothing is there any way I might be able to get this charge dismissed ?

JudyKayTee
Jun 4, 2012, 06:58 AM
No. Were the guns registered? If the Task Force decides to come down hard I would expect your girlfriend to be charged, also, perhaps with interfering.

Fr_Chuck
Jun 4, 2012, 06:59 AM
Not a chance on this earth. And the probation violation is the least of your worries, the new charge is.

I had a close family friend, they had a rusted non firing shot gun on the wall, he got 10 years for it.

The guns just has to be in the house, it does not matter who they belong to, they can be her guns, that part does not matter,

Where the guns were does not matter, they could all have been in her underwear drawer. Unless they were in a safe with only her having access. *** but even there they may try to make a case.

You are looking at some serious prison time, you need the best attorney you can afford.

excon
Jun 4, 2012, 07:00 AM
is there any way I might be able to get this charge dismissed ?Hello G:

Dismissed?? Nahh... Reduced?? Maybe, if you have a good lawyer.

excon

JudyKayTee
Jun 4, 2012, 07:05 AM
I notice the careful language - there were two guns, the girlfriend said they were hers.

Ghost55
Jun 4, 2012, 07:23 AM
Hello G:

Dismissed???? Nahh... Reduced???? Maybe, if you have a good lawyer.

excon What do you think this new charge may carry for a felon in my situation ? With this being the 3rd felony that will be added to my record . The first two were drug charges ?

Ghost55
Jun 4, 2012, 07:26 AM
What do you think this new charge may carry for a felon in my situation ? With this being the 3rd felony that will be added to my record . The first two were drug charges ? In the state of TN.

J_9
Jun 4, 2012, 07:30 AM
In the state of TN.

You're screwed here in TN. Here in TN we do not register guns, so you can throw that idea in the trash. You are a felon and not to have guns in your place of habitation, doesn't matter if the girlfriend said the guns were hers or not. You are not to be living in a home where there are guns... period. There were 2 guns after a felony drug charge. Bad choice.

JudyKayTee
Jun 4, 2012, 07:41 AM
You're screwed here in TN. Here in TN we do not register guns, .


Another question that's all about location, location, location.

J_9
Jun 4, 2012, 08:04 AM
Another question that's all about location, location, location.

Yup, I can buy a gun and give it as a gift. There is no registration whatsoever.

AK lawyer
Jun 4, 2012, 09:17 AM
I am not understanding what the lack of a registration requirement has to do with anything. Is the suggestion that if the GF had registered the guns in her name OP could have a better case that they were hers? I don't see that it matters. They were still in his place of residence.

But, JudyKayTee, do you really believe GF can be charged with something? I wonder.

On the other hand, if OP can prove he didn't know they were there (along with his clothes:not a likely story), I can see that as a possible defense.

JudyKayTee
Jun 4, 2012, 09:25 AM
I was thinking along these lines - in NY guns are registered. Under these circumstances the girlfriend would be impeding an investigation IF the guns were not hers. I don't see that it makes a better or worse case for HIM. I see the statement causing a problem for HER.

Yes, I really believe that or I wouldn't have posted it.

There is no tolerance for guns and felons in NY. I realize the OP is not in NY. "Here" it's YOUR responsibility as a felon to know if the people you are hanging around with are felons and if there are firearms "around."

I can't imagine asking but it's what is expected.

AK lawyer
Jun 4, 2012, 09:50 AM
I was thinking along these lines - in NY guns are registered. Under these circumstances the gf would be impeding an investigation IF the guns were not hers. I don't see that it makes a better or worse case for HIM. I see the statement causing a problem for HER.

Yes, I really believe that or I wouldn't have posted it.

There is no tolerance for guns and felons in NY. I realize the OP is not in NY. "Here" it's YOUR responsibility as a felon to know if the people you are hanging around with are felons and if there are firearms "around."

I can't imagine asking but it's what is expected.

We don't know that the GF is a felon. If, hypothetically, she were in NY, she could be in trouble if she didn't have a permit. But are you suggesting that such a permit would prohibit her from living with a felon (if she desired to keep the permitted weapons in the residence)?

JudyKayTee
Jun 4, 2012, 09:55 AM
If he is prohibited from being "around" guns, yes, if they were in NY and the gun was in the household, yes, he's in violation, whether she has a permit.

If the guns are NOT registered to her and she says they are, she's in trouble.

J9 is the expert. Let's see if I can find her.

AK lawyer
Jun 4, 2012, 10:45 AM
If he is prohibited from being "around" guns, yes, if they were in NY and the gun was in the household, yes, he's in violation, whether or not she has a permit. ...

Clearly. It's federal law. So one doesn't even have to refer to state law to know that is true.

Unless, of course, the "made before 1898, non-center fire cartidge" exception applies.

JudyKayTee
Jun 4, 2012, 11:03 AM
Is that muzzle loaders?

AK lawyer
Jun 4, 2012, 11:47 AM
Is that muzzle loaders?

Usually. However it is conceivable that a firearm could be a breach-loader but be fired with a separate cap (or even a flintlock).

And, without looking it up, some cartridges are rim-fire. Without looking it up, I am not certain about them.

JudyKayTee
Jun 4, 2012, 01:06 PM
I am familiar with "put the bullets here and pull this."

Other than that - not so much.

AK lawyer
Jun 4, 2012, 01:53 PM
I am familiar with "put the bullets here and pull this."

Other than that - not so much.

Unless it is a muzzle-loader, you don't handle the bullets separately: The cartridge (http://en.wikipedia.org/wiki/Cartridge_(firearms)) is as single piece containing the bullet, the casing, the primer, and the powder. :) http://upload.wikimedia.org/wikipedia/commons/thumb/7/7f/Naboj23_mm.jpg/100px-Naboj23_mm.jpg

Sorry, but this was drilled into me by a number of firearms instructors, even more pedantic than I am.

JudyKayTee
Jun 4, 2012, 02:02 PM
I had to take the pistol course to get my license. I then immediately forgot everything I learned.

Fr_Chuck
Jun 4, 2012, 02:06 PM
Also the did not say if they are trying it under state law, or if they have turned it over to the Feds.

But just having guns in he home, does not matter who they belong to, will convict them, Does not matter if there are bullets in the gun and does not matter if the gun is is workable condition at the moment, as long as it can be workable.

I saw one of the best criminal attorneys fight that one in MO but in Federal Court.. They tried hard to get a drug dealer but never could, so they got him on a gun possession case, turned over to the Feds and he is doing 10 years as we speak ( may parole out at 7 years) This as noted before was for a shotgun that was rusted shut ( but could have been cleaned and used with a lot of work) and there were no shells in the home.

But in TN, this person is gone, he needs the best lawyer he can get, and hope for a plea deal.