convicted felon and firearms

L

lashlaruhe

New member
Is it legal for a convicted felon (embezelment), off parole for over 1 year to go shooting, hunting or own a firearm???

Step daughter wants to go quail hunting with me and some informal target shooting. Don't want her or me to get into trouble.

Thanks
 
The short answer: no. Not unless that person has had his or her gun rights restored at the federal level. It does not matter how long he or she has been off of parole.
United States Code Annotated said:
(g) It shall be unlawful for any person—

(1) who has been convicted in any court of, a crime punishable by imprisonment for a term exceeding one year; . . . .

to ship or transport in interstate or foreign commerce, or possess in or affecting commerce, any firearm or ammunition; or to receive any firearm or ammunition which has been shipped or transported in interstate or foreign commerce.

18 USC 922(g)
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Not only can't she go hunting or target shooting with you, she can't even (legally) touch a firearm -- any firearm. Further, if she lives in your house or spends a significant amount of time there, ALL firearms much be locked up so that she doesn't have access to them. If she has access, even if she doesn't actually touch them she could be charged with "constructive possession" -- which is (Spats, correct me if I screw this up) legalese for "She could access a gun any time she chose."
 
Aguila Blanca said:
...Further, if she lives in your house or spends a significant amount of time there, ALL firearms much be locked up so that she doesn't have access to them. If she has access, even if she doesn't actually touch them she could be charged with "constructive possession" -- which is (Spats, correct me if I screw this up) legalese for "She could access a gun any time she chose."
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Plus, the guy who lawfully possesses the guns in his home can be prosecuted for aiding and abetting the unlawful possession of a gun by a prohibited person.
 
Kilimanjaro, it's extremely long and difficult.

Much more of an issue than it should be. There is no reason, that after a person has paid their debt to society for a non-violent crime, a person should not have their rights restored.

It sucks, because it's like everyone who has ever committed a felony is lumped together. As we know, and as the legal system knows, that is totally bogus...

We gotta change this. :/

Sorry, just wanted to throw my 2-cent rant in, since this is dead on with a close family member. :(
 
Cnon said:
Not unless that person has had his or her gun rights restored at the federal level.
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I've never heard of the above happening.
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You haven't heard of it happening because, even though the law is on the books, within recent memory the Congress has expressly chosen to not fund that program when enacting the federal budget.
 
Aguila Blanca said:
Cnon said:
Spats McGee said:
Not unless that person has had his or her gun rights restored at the federal level.
Click to expand...
I've never heard of the above happening.
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You haven't heard of it happening because, even though the law is on the books, within recent memory the Congress has expressly chosen to not fund that program when enacting the federal budget.
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AB has hit the nail on the head, which makes this:
kilimanjaro said:
So, contact your attorney to see what restoration of rights will run you. Not cheap, but doable.
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kind of a non-starter. It may be "doable" at the state level, but not at the federal level.
 
If a person is convicted of a non-violent felony, I understand it is still illegal for them to possess or have access to a firearm. What are some legal ways they could defend their home and family? Pepper spray,etc., knife, club, bat, taser-type device, or any other. I have a family member and a few not so close friends in this situation. I would like to discourage them from any illegal activity, especially the family member since I know he is trying to get himself straightened out from stupid youthful choices. He lives in a bad neighborhood because of not being able to get a lease in a decent neighborhood due to his felony conviction.

We are talking about legal in the state of Texas if that makes any difference. Thanks for any suggestions.
 
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http://codes.ohio.gov/orc/2923.14

A) Any person who is prohibited from acquiring, having, carrying, or using firearms may apply to the court of common pleas in the county in which the person resides for relief from such prohibition.

(B) The application shall recite the following:

(1) All indictments, convictions, or adjudications upon which the applicant's disability is based, the sentence imposed and served, and any release granted under a community control sanction, post-release control sanction, or parole, any partial or conditional pardon granted, or other disposition of each case, or, if the disability is based upon a factor other than an indictment, a conviction, or an adjudication, the factor upon which the disability is based and all details related to that factor;

(2) Facts showing the applicant to be a fit subject for relief under this section.

It goes on & on but I doubt any judge is going to grant releif from disability with the current anti-gun crowd making noise.
This on the Ohio level only of course.
 
I don't know any felons getting there gun rights back but after a period of good behavior it should not be hard for a non violent felon to get there record expunged.

Record expungedment would be the avenue best taken.make your court case about finding employment in a tough economy,don't mention guns or hunting.
The government wants employed people because employed people don't burden the government,so a judge might be sympathetic to a young non violent offender having employment difficulties.

Its doubtful that a petition for gun rights reinstatement would fly in this highly anti gun climate
 
green MTman said:
I don't know any felons getting there gun rights back but after a period of good behavior it should not be hard for a non violent felon to get there record expunged.
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I agree and I disagree.

I don't think it's right that any non-violent ex-felon, having "paid his (her) debt to society," should be deprived of the right to self defense for the rest of his (her) life. However, I am also not in favor of automatically erasing all record that said person committed a serious (albeit non-violent) crime. IMHO, the record should live on, but should not be a disqualifier for weapons possession.

Of course, that makes it more difficult for the people who insist on requiring licenses/permits for the exercise of a constitutional right, because then they couldn't just say, "Felon -- sorry." They might actually have to read a bit, and think a bit -- which is apparently so difficult for public administrators that even such highly educated people as school principals and superintendents find it preferable to adopt "zero tolerance" (which means zero thought) rules.
 
@aguila blanca

Your point is good.record expungement is never taken lightly by the courts and I was referring to current record expungement legal precedent, not an idea of having more expungements,or the philosophical idea of record expungement.

Record expungement can happen in our court system and is ruled on by a judge carefully based on all factors of the seriousness of the crime,time of good behavior sense the crime and likelyhood of reoffense. all these factors are seriously considered before any judge hits the reset button on someone's past.

However DA's,judges,probation officers and state legislates are coming to the belief that giving second chances to non violent offenders decreases unemployment and criminal recitivism in the long term.although there may be no excuses for crime,lack of economic opportunity is a driving force behind many types of crime.even conservative judges are taking that into consideration
 
There is a question on the Federal purchase form that asks if you've EVER been convicted of a felony. Even if the felony is expunged you'd still have to answer yes, thereby blocking the sale.
On another note, if a convicted felon shot up a school or post office, because of a change in the law, we'd have gun laws similar to the UK.
 
I thought Federal laws allow felons to have black powder guns? Of course, some States consider black powder guns to be in the same class as firearms.
 
A man purchased a handgun from us last month and when he completed the form 4473 he'd marked yes to having been convicted of a felony.
I told him the transaction stopped here because he was a prohibited person.
He said his rights had been restored and insisted he was allowed to possess a firearm, so I ran the check and he passed without delay.
The instructions in the 4473 state that a felony conviction does not necessarily prohibit the transfer or a firearm.
So, It appears you can get your right to keep and bear arms restored.
 
So, drunk drivers don't cause any harm to society? I am sorry, but I have no sympoty for them. Did you know there are countries where your first DUI is literally your last.
 
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