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-   -   Felons and guns (https://www.askmehelpdesk.com/showthread.php?t=770720)

  • Oct 10, 2013, 05:48 AM
    excon
    Felons and guns
    Hello:

    It's clear that a felon CAN'T own a gun. If he applies, he'll be turned down. Some people think the act of applying when you're NOT eligible, is its own separate crime. I don't understand WHY that is. Can you splain that to me?

    excon
  • Oct 10, 2013, 06:02 AM
    smoothy
    Simple for the very same reason that trying to rob a bank is a crime... even if you don't get a dime. Did you actually rob it if you go away with nothing? It doesn't matter the attempt to commit a crime shows intent. Its an action then and not a thought.

    Falls under the same umbrealla of conspiracy to commit a crime.
  • Oct 10, 2013, 06:04 AM
    excon
    Hello smoothy:

    That response makes NO sense whatsoever.

    excon
  • Oct 10, 2013, 06:05 AM
    smoothy
    Quote:

    Originally Posted by excon View Post
    Hello smoothy:

    That response makes NO sense whatsoever.

    excon

    Take a few more minutes and think about it some.
  • Oct 10, 2013, 06:08 AM
    excon
    Hello again, smoothy:

    Nahhhh.. I can spot nonsense right off the bat.

    excon
  • Oct 10, 2013, 06:17 AM
    smoothy
    I guess you don't believe in Conspiracy laws either... because that's exactly the same thing... only with two or more people,

    Article 105 - NYS Penal Law - Conspiracy

    That's just New Yorks as an example. Planning to commit a crime is also a crime.
  • Oct 10, 2013, 06:17 AM
    J_9
    The laws vary by state excon. In some states a felon may possess an "antique" firearm as defined under federal law. In some states blackpowder/muzzleloaders are legal for felons to purchase.
  • Oct 10, 2013, 06:28 AM
    speechlesstx
    I didn't know this was an issue so no I can't 'splain it to you. Perhaps you can expand on the reason you ask.
  • Oct 10, 2013, 06:34 AM
    excon
    Hello again, J:

    Thanks, but that doesn't answer my question. It's a federal law that I'm asking about.. My question stems from the right wings refusal to expand background checks. They ask, why should we DO that, when we don't prosecute those felons who applied and got turned down...

    My question is WHY is simply applying a crime? The law on WHAT exactly constitutes a felony record, IS evolving. In MY particular case, I MAY or MAY not be eligible to own a firearm. My felony's are OLD. My civil rights have been restored, in terms of VOTING. I truly don't KNOW if I'm eligible to own a gun, or not. Filling out an application would BE the way I'd determine whether I was or not.

    WHY, would doing THAT, be a crime?? It makes NO sense to me.

    excon
  • Oct 10, 2013, 06:37 AM
    J_9
    Applying isn't a crime. The felon just gets turned down, he/she doesn't get arrested for simply filling out the Form 4473.

    I've turned down a ton of felons who have come into the shop (when we owned one), but none were arrested unless a straw purchase was attempted.
  • Oct 10, 2013, 06:39 AM
    NeedKarma
    Has Obama taken your guns yet?. or all your ammo?
  • Oct 10, 2013, 06:40 AM
    J_9
    Quote:

    Has Obama taken your guns yet?. or all your ammo?
    Not yet, but it's pretty expensive now.
  • Oct 10, 2013, 06:49 AM
    speechlesstx
    Quote:

    Originally Posted by excon View Post
    Hello again, J:

    Thanks, but that doesn't answer my question. It's a federal law that I'm asking about.. My question stems from the right wings refusal to expand background checks. They ask, why should we DO that, when we don't prosecute those felons who applied and got turned down.

    Again, you'll have to point out who is making this argument because I haven't seen it.
  • Oct 10, 2013, 06:55 AM
    excon
    Hello again, J:
    Quote:

    Applying isn't a crime. The felon just gets turned down, he/she doesn't get arrested for simply filling out the Form 4473.
    Well, THAT makes sense.. But, it doesn't jibe with right wing talking points.
    Quote:

    South Carolina lawmakers asked the Department of Justice on Thursday why it wasn’t prosecuting more felons and fugitives who fail background checks while trying to purchase a gun.

    Sen. Lindsey Graham (R-S.C.) and Rep. Trey Gowdy (R-S.C.) said instead of Congress passing gun-control legislation that limits Second Amendment rights, U.S. Attorney General Eric Holder should be enforcing current laws that punish felons and fugitives trying to buy guns.
    Some people think applying IS a crime. I want to know WHY?

    Excon
  • Oct 10, 2013, 07:03 AM
    speechlesstx
    Quote:

    Originally Posted by excon View Post
    Hello again, J:
    Well, THAT makes sense.. But, it doesn't jibe with right wing talking points. Some people think applying IS a crime. I wanna know WHY?

    excon

    I think your paper is distorting the issue, it's not about applying being illegal but lying when you apply or having a warrant out when applying and not being prosecuted.
  • Oct 10, 2013, 07:16 AM
    excon
    Hello again, Steve:

    That's a nice soft tender face you put on it. I ain't buying it for a minute. Smoothy BELIEVES what THEY believe. Let me clue you in on cop thinking... It goes like this...
    Quote:

    If felons can't own guns, and a felon applies, he's LYING
    I AM glad to hear that neither you or J believe a felon should be prosecuted for simply applying...

    So, when the gun debate returns, can I count on you to debunk THAT argument when it rears its ugly head?? People like smoothy WILL absolutely keep it alive.

    Excon
  • Oct 10, 2013, 07:20 AM
    J_9
    Okay, tell me why you, or anyone thinks a felon should be prosecuted for applying. The courts are tied up as it is. The jails are full. When the check comes back denied, just move on.

    Now, not all felons are as upstanding as you. I've run into quite a few straw purchases. That's where it gets tricky. I even had a "friend" whose husband was a felon ask me if I would look the other way if she applied for the firearm.
  • Oct 10, 2013, 07:24 AM
    speechlesstx
    Quote:

    Originally Posted by excon View Post
    Hello again, Steve:

    That's a nice soft tender face you put on it. I ain't buying it for a minute. Smoothy BELIEVES what THEY believe. Lemme clue you in on cop thinking... It goes like this...I AM glad to hear that neither you or J believe a felon should be prosecuted for simply applying...

    So, when the gun debate returns, can I count on you to debunk THAT argument when it rears its ugly head??? People like smoothy WILL absolutely keep it alive.

    excon

    I see no reason to validate that argument for a second, it is not a crime to apply that I know of.
  • Oct 10, 2013, 07:27 AM
    J_9
    No, it's not a crime to apply. All that will happen is that the applicant will get denied and given a form to appeal. Now, if there is an active warrant against the applicant, that's a whole 'nother ball game.
  • Oct 10, 2013, 07:27 AM
    excon
    Hello again, J:
    Quote:

    Okay, tell me why you, or anyone thinks a felon should be prosecuted for applying.
    I don't think they should. That's why I asked the question. But, plenty of right wingers think they should.

    Excon

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