cold dead hands
Moderator
It is against the law to deny the right of owning a gun to anyone who has no criminal record or history of severe mental illness even if they live with someone who does.
So... There is a husband and wife. They are regular suburbanites like so many of us are. The wife has a felony for marijuana possesion that she picked as a young dumb kid. Those years are in the past and she is doing her best to be a good mother and wife in the present.
Her husband likes to hunt. Come deer season he left extremely early in the morning to drive into the hills to camp and hunt with some buddies. He kisses the wife and kids good bye and they go back to sleep while hubby is well on his way to his weekend retreat.
The wife is startled awake. There is someone in the house. She knows it isn't her husband because wouldn't have returned so soon and he made sure he had everything and checked twice.
Hubby has .357 magnum S&W he keeps in his bedside drawer for home defense. She gets it out and quietly goes to investigate just in case it might be her husband since it has only been about half an hour since he left. Maybe he did forget something.
It isn't hubby. It is obviously an intruder. She points the gun at the invader and says "Who the $%^& are you and what the $$%^ are you doing in my house?''
The intruder appears to be going for a weapon. She shoots. The shot is good. One hit and the intruder drops, soon to die from the wound.
She dials 911 and trys to keep her children away from the body as they were awakened by the gunshot.
They police arrive and EMS hauls of the body. It turns out the perp was going for a mouse gun in his pocket. In the midst of all this it is discovered that she has a felony from years ago...
Is she arrested for being a felon in posession of a firearm? Are the kids removed and put in custody of child services since daddy is not there and wont be back for two days and there is no way to contact him?
Is daddy arrested upon his return for arming a known felon? Is he arrested for not preventing a known felons access to firearms?
Is a mother's previous transgressions with the law going to ruin her life for good or will the law bend in the name of protecting the basic right to self defense?
My point you might as ask... everyone has a right to defend themselves. That means everyone from the crack dealer on the corner to the President.
Regardless of your criminal past you should still be able to maintain a firearm in your dwelling.
I say that if you get caught with it outside of your home (other than being able to prove you were going to or returning from a range) it is jail time. No questions asked, off to jail for a long while.
Anyway, I really want to know what the law would about the situation I described. What happens to the woman and her family after the shooting?
So... There is a husband and wife. They are regular suburbanites like so many of us are. The wife has a felony for marijuana possesion that she picked as a young dumb kid. Those years are in the past and she is doing her best to be a good mother and wife in the present.
Her husband likes to hunt. Come deer season he left extremely early in the morning to drive into the hills to camp and hunt with some buddies. He kisses the wife and kids good bye and they go back to sleep while hubby is well on his way to his weekend retreat.
The wife is startled awake. There is someone in the house. She knows it isn't her husband because wouldn't have returned so soon and he made sure he had everything and checked twice.
Hubby has .357 magnum S&W he keeps in his bedside drawer for home defense. She gets it out and quietly goes to investigate just in case it might be her husband since it has only been about half an hour since he left. Maybe he did forget something.
It isn't hubby. It is obviously an intruder. She points the gun at the invader and says "Who the $%^& are you and what the $$%^ are you doing in my house?''
The intruder appears to be going for a weapon. She shoots. The shot is good. One hit and the intruder drops, soon to die from the wound.
She dials 911 and trys to keep her children away from the body as they were awakened by the gunshot.
They police arrive and EMS hauls of the body. It turns out the perp was going for a mouse gun in his pocket. In the midst of all this it is discovered that she has a felony from years ago...
Is she arrested for being a felon in posession of a firearm? Are the kids removed and put in custody of child services since daddy is not there and wont be back for two days and there is no way to contact him?
Is daddy arrested upon his return for arming a known felon? Is he arrested for not preventing a known felons access to firearms?
Is a mother's previous transgressions with the law going to ruin her life for good or will the law bend in the name of protecting the basic right to self defense?
My point you might as ask... everyone has a right to defend themselves. That means everyone from the crack dealer on the corner to the President.
Regardless of your criminal past you should still be able to maintain a firearm in your dwelling.
I say that if you get caught with it outside of your home (other than being able to prove you were going to or returning from a range) it is jail time. No questions asked, off to jail for a long while.
Anyway, I really want to know what the law would about the situation I described. What happens to the woman and her family after the shooting?