voyager4520
New member
Yeah don't give him anything in return for the guns, just give him a pretty good present next Christmas, since that's what family does anyways, trade presents for the holidays.
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Family situation with firearms
- Thread starter MMABC
- Start date
Pardons can be granted by the governor of the state as well as the President of the United States (though I believe presidential pardons are only applicable to federal crimes). It is very rare to receive an actual pardon - usually the governor gives sentence commutations to people still in prison. Occasionally pardons are granted after sentence is served; these are mostly for people with....ahem....connections and I would find it exceptionally unlikely that the governor would pardon your brother for a forty year old conviction without expecting a *really* good explanation. Exactly why would your brother wait so long to request a pardon? That would be the first question asked. And if your answer is that he wants to legally own the guns he already illegally possesses, well...one doesn't need much imagination to conceive of the problems that would ensue.Tell me about this pardon business. How does that work? Any ideas on how much that would cost or the likelihood of success? It's a long story, but you have no idea how much that conviction has wreaked havoc on his whole life.
Several folks here have suggested you do the sensible thing and call an attorney. That's EXACTLY what you should do, and promptly. There are several, severable issues here, not the least of which is indemnifying yourself against any crimes your brother may commit by his illegal possession of these firearms. In any case, you need to talk with a competent attorney, and do so as quickly as humanly possible - and I'd recommend against any further discussion of this on public message boards.
simonkenton
New member
I'd recommend against any further discussion of this on public message boards.
Me, too!
I sometimes wonder if the Feds monitor these boards.
If they do, and if a bored ATF agent read this thread, all he has to do is track you down, not hard to do with those big federal computers, and then track down your brother, and he has a nice 3-count federal felony indictment all wrapped up with a bow on it.
Me, too!
I sometimes wonder if the Feds monitor these boards.
If they do, and if a bored ATF agent read this thread, all he has to do is track you down, not hard to do with those big federal computers, and then track down your brother, and he has a nice 3-count federal felony indictment all wrapped up with a bow on it.
Singlesix1954
New member
This is an open foram with lots of LEOs on board. It is in print that would be admissable in court. You need a lawer today. I'm sorry about your situation but you need to protect yourself. If you tell your brother what you have learned here and explain that he could be in trouble deep, maybee he will do the right thing and give you the propety without any further dispute. This is not at all funny and I feel bad for both of you. Fact is he gave up his gun rights when he comitted a crime and you didn't. I understand the senament that goes with guns passed down. I have seen family tension at it's max because of this issue. I wish you the best of luck and ask you to post the outcome.
Your brother cannot have a firearm on him around him or near him practically now that he has a felony record.
He should immediately begun whatever legal means to get those firearms to you and away from him as soon as possible.
For protection,if he feels he needs some he could use pepper foam or pepper spray as well as knives as long as they are the right length for carry in his state and they must be carried in a belt sheath and NOT CONCEALED.
Even a lock back style knife in your pocket that is over length for the state laws you are in,can get you arrested.
For that matter any knife in your pocket,with the 'right' police officer responding and you with a bad attitude can get you arrested for a concealed weapons charge.
That's one of the great things about pepper foam or spray carried open in a belt holster.
Clearly,pepper foam or spray is not meant to kill anyone.
But you brother must understand that as a felon he is at a big disadvantage everytime he has dealings with the police so he needs to make sure he does not have any dealings with people that don't value their freedom and do stupid stuff.
Firearms are off his menu.
He needs to forget about them entirely.
He should immediately begun whatever legal means to get those firearms to you and away from him as soon as possible.
For protection,if he feels he needs some he could use pepper foam or pepper spray as well as knives as long as they are the right length for carry in his state and they must be carried in a belt sheath and NOT CONCEALED.
Even a lock back style knife in your pocket that is over length for the state laws you are in,can get you arrested.
For that matter any knife in your pocket,with the 'right' police officer responding and you with a bad attitude can get you arrested for a concealed weapons charge.
That's one of the great things about pepper foam or spray carried open in a belt holster.
Clearly,pepper foam or spray is not meant to kill anyone.
But you brother must understand that as a felon he is at a big disadvantage everytime he has dealings with the police so he needs to make sure he does not have any dealings with people that don't value their freedom and do stupid stuff.
Firearms are off his menu.
He needs to forget about them entirely.
First, he needs to find out if he is a felon...
don't assume. No matter what he, you, everybody on this list, even a lawyer and a judge thinks.... I'll tell you who will know for sure... the clerk of court where he was convicted.... they will have to dig through the paper records and find the final outcome of the proceeding...what he was convicted of and then actually check that violation against 'CURRENT' state law listings.... that's how it actually works
Here is the reason I say this... and this is a fact.
I was convicted in 1978 of a crime... drugs that could have gotten me 20-30 years in prison. (I served no time but paid a fine) Every one on the internet will tell you this is a felony and it was back then... Even a judge a few years ago told me it was and I could not serve on jury duty (thank goodness).. a lawyer told me it would take the governor to get this expunged.... the only folks who figured out it was now not a felony were SLED (sc law enforcement division) and later the clerk of court who tracked down the records so I could also get a Florida permit.
don't assume. No matter what he, you, everybody on this list, even a lawyer and a judge thinks.... I'll tell you who will know for sure... the clerk of court where he was convicted.... they will have to dig through the paper records and find the final outcome of the proceeding...what he was convicted of and then actually check that violation against 'CURRENT' state law listings.... that's how it actually works
Here is the reason I say this... and this is a fact.
I was convicted in 1978 of a crime... drugs that could have gotten me 20-30 years in prison. (I served no time but paid a fine) Every one on the internet will tell you this is a felony and it was back then... Even a judge a few years ago told me it was and I could not serve on jury duty (thank goodness).. a lawyer told me it would take the governor to get this expunged.... the only folks who figured out it was now not a felony were SLED (sc law enforcement division) and later the clerk of court who tracked down the records so I could also get a Florida permit.
voyager4520
New member
"I'd recommend against any further discussion of this on public message boards."
Why? I've probably already got 5 different surveillance devices planted in my body alone.
There's a thing here in Colorado, don't know if it's the same in Texas, but for all but the biggest felonies, you are no longer considered a felon 7 years after completing your sentence. That was a big issue in the last election we had because several state and county officials "didn't know about that either" and were telling people if they'd ever been convicted of a felony that meant they were a felon, and therefore couldn't vote, and a big investigation on voter intimidation ensued.
Why? I've probably already got 5 different surveillance devices planted in my body alone.
There's a thing here in Colorado, don't know if it's the same in Texas, but for all but the biggest felonies, you are no longer considered a felon 7 years after completing your sentence. That was a big issue in the last election we had because several state and county officials "didn't know about that either" and were telling people if they'd ever been convicted of a felony that meant they were a felon, and therefore couldn't vote, and a big investigation on voter intimidation ensued.
armsmaster270
New member
You should be able to get the guns without going through a dealer By having them go from your father to you and keeping your bro completely out of the transaction due to his conviction.
Stevie-Ray
New member
That's the way it should be everywhere, if not as soon as you complete your sentence. If you are to be looked upon only as a criminal, why are you being let out?There's a thing here in Colorado, don't know if it's the same in Texas, but for all but the biggest felonies, you are no longer considered a felon 7 years after completing your sentence.
Stevie Ray above is dead on......
Our government (God Bless It) has gotten to the point that 'we' are making more and more people second class citizens.
Don't get me wrong, there are some folks out there that should be denied the right to own a fire arm, also the right to vote. But this is a very small number, in my opinion. Heck a goodly number of those folks have never been convicted of a crime... they are just idiots. But it is way out of my ability to decide who these folks are and I refuse to think most politicians are any better.
Most 'felony' convictions, once you have paid your debt to society, should not preclude you from being a full citizen with all the rights there to.
Our government (God Bless It) has gotten to the point that 'we' are making more and more people second class citizens.
Don't get me wrong, there are some folks out there that should be denied the right to own a fire arm, also the right to vote. But this is a very small number, in my opinion. Heck a goodly number of those folks have never been convicted of a crime... they are just idiots. But it is way out of my ability to decide who these folks are and I refuse to think most politicians are any better.
Most 'felony' convictions, once you have paid your debt to society, should not preclude you from being a full citizen with all the rights there to.
If this happened over 40 years ago, I agree that he may be able to get the record expunged. He should definitely try it. As it sits right now, he is exacerbating a potential legal nightmare.
By the way, check out the laws in your state, but in some states, firearms transferred from father to son through an inheritance or estate administration do not require FFL transfers.
By the way, check out the laws in your state, but in some states, firearms transferred from father to son through an inheritance or estate administration do not require FFL transfers.
By the way, check out the laws in your state, but in some states, firearms transferred from father to son through an inheritance or estate administration do not require FFL transfers.
In most states, any firearms transactions between state residents do NOT have to go through an FFL. Pennsylvania does require handgun transfers between private parties to be conducted via FFL, but not long guns.
Inheritances are also exempt from Federal requirements for transfer via FFL, even if the inheritor is from out of state, but a couple of states would require the transfer to be done via FFL anyway.
I'm pretty glad I only have to deal with my sons and a wife, most of my family is gone, or, I don't have any contact with them and, I'm an only child. I discovered people passing in the family brings out the worst in people. When my mom was in bad shape, in a nursing home and close to passing, her sister and husband called. They wanted to come by and visit. (we live in Texas, they were coming from the east coast) They know my mom wasn't going to be around much longer and mentioned they might like a few things to remember her by. I actually liked them alot, I said sure, come on by, I had several little mementos picked out for them...
They drove all the way down here and arrived in thier Suburban...with a trailer. and a couple of thier daughters. I had already found a hotel for them. No...they told me they had planned on staying in my moms house. Uh..no. We met them at the house and they began asking what we wanted for various furniture scattered around the house. The daughters were picking and choosing what they thought would look nice in thier houses.
After a short and awkward visit, they went back for the east coast with the same empty trailer and nothing to show for it except a hotel bill.
You're brother is being an ass. He knows he shouldn't have the guns. He got everything else in your dads estate. Knowing he shouldn't have the guns, and NOT giving them to you is stupid. If you really want the guns, make him a solid cash offer, and, if it doesn't work, walk away. Assume those guns will wind up in a pawn shop in a few years.
They drove all the way down here and arrived in thier Suburban...with a trailer. and a couple of thier daughters. I had already found a hotel for them. No...they told me they had planned on staying in my moms house. Uh..no. We met them at the house and they began asking what we wanted for various furniture scattered around the house. The daughters were picking and choosing what they thought would look nice in thier houses.
After a short and awkward visit, they went back for the east coast with the same empty trailer and nothing to show for it except a hotel bill.
You're brother is being an ass. He knows he shouldn't have the guns. He got everything else in your dads estate. Knowing he shouldn't have the guns, and NOT giving them to you is stupid. If you really want the guns, make him a solid cash offer, and, if it doesn't work, walk away. Assume those guns will wind up in a pawn shop in a few years.