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    garyr01212's Avatar
    garyr01212 Posts: 1, Reputation: 1
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    #1

    Jun 26, 2008, 11:18 PM
    Handgun Possession Law
    My wife bought a gun (shotgun) for personal protection and protecting her livestock from being killed by predators. I am an ex-convict from some stupid stunts 35 years ago, can I get in trouble from her having this in our home? She also wants a 22 Hornet, both are single shot.
    rsain2004's Avatar
    rsain2004 Posts: 207, Reputation: 6
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    #2

    Jun 27, 2008, 12:56 AM
    Perhaps community property laws are related to your question... I don't know... good luck...
    J_9's Avatar
    J_9 Posts: 40,277, Reputation: 5644
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    #3

    Jun 27, 2008, 01:41 AM
    If you are in the US, then yes, you could very well get in trouble for having a firearm in your home. If it is in your home, it is considered in your possession and felons are not allowed to be in possession of a firearm.
    Gem_22205's Avatar
    Gem_22205 Posts: 976, Reputation: 129
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    #4

    Jun 27, 2008, 06:25 AM
    The state you reside in is very crucial in answering your question with the most accurate information. Certain states, the answer would be, "NO", while in other states it would be permitted.

    You may wish to check into having your Rights restored in the state of residence. In most States this process is done in the Court building where you were convicted. You can check online to see if you can download an application for Executive Clemency or Restoration of Rights.

    Any felon is not allowed to own or poses a firearm. "Reasonable" is the key word with most law issues. If you keep your firearm away from the felon reasonably. Basically, you will need to take extra security steps to keep with the letter of the law.

    Here is what Bureau Of Alcohol, Tobacco, and Firearms says about this issue. You can find it on BATF Form 4473 Question 12.C Notice 6, Exception 1.

    A person who has been convicted of a felony, or any other crime, for which the judge could have imprisoned the person for more than one year, or who has been convicted of a misdemeanor crime of domestic violence, is NOT prohibited from purchasing, receiving, or possessing a firearm if: (1) under the law where the conviction occurred, the person has been pardoned, the conviction has been expunged or set aside, or the person has had civil rights (the right to vote, sit on a jury, and hold public office) restored AND (2) the person is not prohibited by the law where the conviction occurred from receiving or possessing firearms. Persons subject to this exception should answer "no" to 12 C. or 12i, as applicable. A person who has been convicted of a misdemeanor crime of domestic violence also is NOT covered by the Prohibition unless: (1) the person was represented by a lawyer or gave up the right to a lawyer: and (2) if the person was entitled to a jury, was tried by a jury, or gave up the right to a jury trial. Persons subject to this section should answer "no" to 12i.

    So as you can see, if the state and court of conviction has restored your right to own a firearm, then your rights as far as the Federal Government is concerned have been restored. There is a exception to this... If the state you live in makes a distinction between restoring your right to rifle's but not handguns, then only your right to a rifle or shotgun has been restored and it will still be illegal to possess a handgun.
    excon's Avatar
    excon Posts: 21,482, Reputation: 2992
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    #5

    Jun 27, 2008, 07:02 AM
    Hello gary:

    There's the law. And, then there's what the government DOES about the law.

    In my view, which is admittedly a minority view, your wife didn't give up her 2nd Amendment rights when YOU got convicted. I believe that if you got busted, that defense would prevail.

    Correction... That defense SHOULD prevail.

    excon
    J_9's Avatar
    J_9 Posts: 40,277, Reputation: 5644
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    #6

    Jun 27, 2008, 07:03 AM
    Quote Originally Posted by Gem_22205
    Certain states, the answer would be, "NO", while in other states it would be permitted.
    I am sorry, but that is an incorrect statement. The laws are federal laws, not state by state when it comes to a felon in possession of a firearm.

    The form 4473 must be filled out by every person who purchased a firearm in the United States, no matter what state you reside in. This is a form that is a publication of the ATF, currently known as the BATFE (Bureau of Alcohol, Tobacco, Firearms & Explosives). It is a Federal form, not a State form.

    So, if the OP resides in the United States, and there is a firearm in the home, he is in possession of a firearm. Period.
    George_1950's Avatar
    George_1950 Posts: 3,100, Reputation: 236
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    #7

    Jun 27, 2008, 07:22 AM
    Here is an interesting site: Gun Control laws - Information on the law about Gun Control

    And another: Can a Convicted Felon Ever Possess a Firearm?
    J_9's Avatar
    J_9 Posts: 40,277, Reputation: 5644
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    #8

    Jun 27, 2008, 07:24 AM
    JudyKayTee agrees: Right, and it's been asked and answered before - and you would know!
    Thank you Judy. I wish to show everyone that I understand gun laws. Also, please understand that by posting the next two links I am NOT advertising, as this is a family business that my husband and I own, but just showing that I do, in fact know gun laws.

    This first link is my husband's "office". Notice the black bag on the counter on the left. It's his "man purse." Also, notice the Orange Gatoraid, his vice. He is a master gunsmith.

    B - Right - On - Arms

    Now for the second link. Again, not even attempting to advertise, but only showing you that I have knowledge in this area. This is our showroom.

    Brighton Arms Show Room
    J_9's Avatar
    J_9 Posts: 40,277, Reputation: 5644
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    #9

    Jun 27, 2008, 07:32 AM
    Quote Originally Posted by George_1950
    There are laws that govern gun control from state to state. However, convicted felons cannot possess firearms, or have them in their residence. Having a felony expunged is possible, but not as easy as one would think.

    Every state has their own "laws." However, a felony is federal and not state.

    Felons can possess black powder guns, otherwise known as muzzleloaders, they can also possess a bow and arrow and/or a cross bow. However, a firearm such as a shotgun, rifle, revolver or pistol are not permissible in ANY state of the union.
    excon's Avatar
    excon Posts: 21,482, Reputation: 2992
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    #10

    Jun 27, 2008, 07:35 AM
    Hello J:

    Where is a damn moderator when you need one? Oh, YOU'RE a moderator... Never mind.

    I love guns. I come from the west where we grew up with 'em. My dad taught me to shoot in my cradle. I went to Vietnam as a distinguished marksman.

    I love your store. I'd love to visit. However, until then, would you send me one of those little teeny .45's that bobby wants? I promise I won't tell where I got it.

    excon
    J_9's Avatar
    J_9 Posts: 40,277, Reputation: 5644
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    #11

    Jun 27, 2008, 07:41 AM
    Quote Originally Posted by excon
    However, until then, would you send me one of those little teeny .45's that bobby wants? I promise I won't tell where I got it.

    excon
    You mean a straw purchase? I could make it look like a needle in a haystack!! :p
    George_1950's Avatar
    George_1950 Posts: 3,100, Reputation: 236
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    #12

    Jun 27, 2008, 07:42 AM
    Gary asked, and my guess is that he should do whatever is necessary to have his rights restored and not placed in the hands of a rookie cop, who gets a 'tip' that Gary is shooting prairie dogs in bumpkin, Texas. Get your rights restored and hang your certificate on the wall, especially the right to vote. If being a convicted felon meant I didn't have to pay taxes, I'ld get in line. But that's not the way it works.
    George_1950's Avatar
    George_1950 Posts: 3,100, Reputation: 236
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    #13

    Jun 27, 2008, 07:48 AM
    On a somewhat related matter: CBSNews.com: Print This Story
    rsain2004's Avatar
    rsain2004 Posts: 207, Reputation: 6
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    #14

    Jun 27, 2008, 09:06 AM
    Immortal last words of Socrates:

    "I drank what!?"
    twinkiedooter's Avatar
    twinkiedooter Posts: 12,172, Reputation: 1054
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    #15

    Jun 27, 2008, 09:18 AM
    George - you got to be kidding me about that news story. Now I am thoroughly convinced we have the Three Stooges on the Supreme Court bench... What were they drinking when they made that ruling and decision? Certainly not Excon's koolaid.
    twinkiedooter's Avatar
    twinkiedooter Posts: 12,172, Reputation: 1054
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    #16

    Jun 27, 2008, 11:41 AM
    Ex- gee, what will they think of next? Mandatory roller skates for monkeys?

    But you'll have to get one of the Dillinger specials and they are antiques now and hard to find. But you'll find one I'm sure that fits your wants and "needs" just nicely.
    Fr_Chuck's Avatar
    Fr_Chuck Posts: 81,303, Reputation: 7691
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    #17

    Jun 27, 2008, 11:48 AM
    I placed my order for my tank today, figure it would be great for deer hunting.

    But to follow up on the original question if a felon is in the home, they can not have access to the gun, it would have to be locked in a safe that the felon does not have acess to. If the gun is unlocked, even if apart in non firing condition, they will arrest, I am helping with one case now, a 30 year old had a old single shotgun that was so rusted it could not even open. It was nailed to the wall as hanging he is sitting in federal lock up right now waiting for trial.
    rsain2004's Avatar
    rsain2004 Posts: 207, Reputation: 6
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    #18

    Jun 27, 2008, 10:32 PM
    The deer are younger and smaller this year... you'll need a B-1 bomber...
    J_9's Avatar
    J_9 Posts: 40,277, Reputation: 5644
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    #19

    Jun 28, 2008, 05:27 AM
    Quote Originally Posted by Fr_Chuck
    But to follow up on the orginal question if a felon is in the home, they can not have access to the gun, it would have to be locked in a safe that the felon does not have acess to. .
    It cannot even be in a safe on the property. It CANNOT be on the property at all.
    excon's Avatar
    excon Posts: 21,482, Reputation: 2992
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    #20

    Jun 28, 2008, 06:35 AM
    Quote Originally Posted by J_9
    It cannot even be in a safe on the property. It CANNOT be on the property at all.
    Hello again, J:

    From a gun shop owners perspective you are absolutely correct... However, from a real world perspective, the Padre is probably correcter...

    Remember when I said there's the law, and then there's what the cops DO about the law. They aren't the same thing.

    It would be my guess, that if a gun were discovered in the home of a felon, locked up in a gun safe, with a bill of sale in the wife's name, and the keys in HER pocket, assuming the visit wasn't related to violence, I'll BET the cops won't do anything about the gun.

    In my particular case, the cops, while looking for something else in my closet, moved my 30-30 Winchester Carbine rifle out of the way so they could see better. Then, they politely put it back. These were federal cops too, and I was a felon. Sure, they COULD have busted me for the gun...

    excon

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