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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

Originally Posted by Ghost55

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

Originally Posted by excon

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

Originally Posted by Ghost55

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

Originally Posted by Ghost55

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

Originally Posted by J_9

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

Originally Posted by JudyKayTee

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

Originally Posted by JudyKayTee

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

Originally Posted by JudyKayTee

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

Originally Posted by JudyKayTee

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

Originally Posted by JudyKayTee

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 is as single piece containing the bullet, the casing, the primer, and the powder. :)

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.