felony conviction?

J

jimfrompa

Inactive
a friend of mine is facing felony criminal charges. no one was hurt or endangered and no property was stolen or destroyed, but unfortunately that doesn't mean the law wasn't broken. he is a guy who enjoys hunting, shooting, and guns in general. he's generally a very law abiding citizen and someone who values his right to keep and bear arms. if convicted, will he ever be able to own a firearm again? is there any procedure to have one's rights restored at some point following a felony conviction?
 
I'm not shure how the laws are where you live, but by cousin has a felony on his record for stealing a safe out of a restraunt. His gun privlages are taken away for 5 or 7 years. (cant remember wich one)
 
Most states do have a procedure for the restoration of one's civil rights after a felony conviction. Talk to a competent lawyer.

The bad news is that it is generally difficult to do as it usually requires the signature of your state's Governor. This political person will have to be convinced that there is a reason to restore your friend's rights. Many governors will require some number of years to pass after release from prison to ensure the person has lived a clean life.
 
A pardon from the govenor just like Bill Ca said. Although, your friend may also be rewarded with something called "Probation before judgment" and if he succesfully completes his probation he will be found not guilty (I've heard that my state is the only one that does this though but I'm not sure). He will then be able to expunge his record latter. A not guilty for a "Probation before judgement" is the same as a not guilty in a normal situation. Tell him good luck, stay away from public defenders and to listen to his lawyer and not to be afraid to ask him questions. I have direct knowledge on this for reasons I am ashamed to admit.
 
Read the 4473 where it states that even if the charge was reduced if the charge COULD HAVE RESULTED in a term of imprisonment of over one year he is toast.

He needs to try to get the charge changed and reduced to a misdemeanor to preserve his rights. the best, of course, is to have no charges brought at all. Work on that one first.
 
Hi All-

Your friend might be in a heap of trouble. I've heard that California won't let paroled felons reside where they can even come into proximity of firearms owned by other people such as what would happen if they moved back in with parents or a spouse.

This means your buddy might have to avoid your house to stay out of trouble. I'm sure I could find the statute with a search, I'll post it to this thread when I find it.

~ Blue Jays ~
 
Thats tru for the entire country as far as I know. No one can reside at a residence where there are firearms legally if they're on probation or parole. Doing so can land the offender in jail or prison for 3 years. In Michigan if the offender is caught living with someone who has firearms in the home, everone goes to prison for 5 years. No ifs, ands, or buts.
 
jimfrompa,
felony criminal charges. no one was hurt or endangered and no property was stolen or destroyed
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I hate to say it, but I have to assume that your friend did not accidentally commit a felony. Regardless of his crime, as a citizen he is responsible for knowing and obeying the law. Ignorance is no excuse. You do not state his crime, but you assert that nobody was hurt or even endangered. It is hard to imagine what this harmless felony was.

he's generally a very law abiding citizen
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After managing to live over 50 very full and active years without breaking a law, I find it hard to make excuses for those who cannot. If your friend is convicted, he should loose his right to own firearms. If he did not want those rights jeopardized, he should not have commited a felony.

I would suggest he take up new hobbies.
 
In Michigan if the offender is caught living with someone who has firearms in the home, everone goes to prison for 5 years
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I have not heard anything about an ex-felon not being able to reside in a home where there are firearms present. An ex-felon can stand in a gun shop and look at anything he wants. he just can't touch a firearm. Looking is not a crime.

G. Gordon Liddy brags that he owns no firearms. his wife owns them all -- she just keeps some of them on his side of the bed. According to the above posts, he should be in prison and his wife, too. The feds would LOVE to have a high profile bust like that so why haven't they done it?

This is the type of law, if it exists, that we have been praying for! Here is a case of pure guilt by association removing a person's constitutional rights! This is the type of law we have hoped the antis would eventually be stupid enough to pass. This is the perfect platform for a Constitutional challenge to the Supreme Court because now we are not talking about a criminal having their rights suspended or eliminated but an innocent third party having theirs suspended or eliminated.

I hope such a law exists and that it will be challenged soon. It is the perfect path to the high court. Some blessings come in disguise. Unfortunately, I believe the laws have been grossly overstated.
 
I said if you're on probation or parole. This law has been on the books for a long time. It was just inforced by the Govenor!
 
Here in NH there's provisions to have certain convictions anulled by a judge. I'm not sure how it would affect the purchasing of firearms, though...

651:5 Annulment of Criminal Records. –
I. Except as provided in paragraphs V-VIII, the record of arrest, conviction and sentence of any person may be annulled by the sentencing court at any time in response to a petition for annulment which is timely brought in accordance with the provisions of this section if in the opinion of the court, after hearing, the annulment will assist in the petitioner's rehabilitation and will be consistent with the public welfare.
II. Any person whose arrest has resulted in a finding of not guilty, or whose case was dismissed or not prosecuted, may petition for annulment of the arrest record at any time in accordance with the provisions of this section.
III. Except as provided in RSA 265:82-c or in paragraphs V and VI, any person convicted of an offense may petition for annulment of the record of arrest, conviction and sentence when the petitioner has completed all the terms and conditions of the sentence and has thereafter been convicted of no other crime, except a motor vehicle offense classified as a violation other than driving while intoxicated under RSA 265:82, for a period of time as follows:
(a) For a violation, one year, unless the underlying conviction was for an offense specified under RSA 259:39.
(b) For a class B misdemeanor except as provided in subparagraph (f), 3 years.
(c) For a class A misdemeanor except as provided in subparagraph (f), 3 years.
(d) For a class B felony except as provided in subparagraph (g), 5 years.
(e) For a class A felony, 10 years.
(f) For sexual assault under RSA 632-A:4, 10 years.
(g) For felony indecent exposure or lewdness under RSA 645:1, II, 10 years.
IV. If a petition for annulment is denied, no further petition shall be brought more frequently than every 3 years thereafter.
V. No petition shall be brought and no annulment granted in the case of any violent crime, of any crime of obstruction of justice, or of any offense for which the petitioner was sentenced to an extended term of imprisonment under RSA 651:6.
VI. If a person has been convicted of more than one offense, no petition for annulment shall be brought and no annulment granted:
(a) If annulment of any part of the record is barred under paragraph V; or
(b) Until the time requirements under paragraphs III and IV for all offenses of record have been met.
VI-a. A conviction for an offense committed under the laws of another state which would not be considered an offense under New Hampshire law, shall not count as a conviction for the purpose of obtaining an annulment under this section.
VII. If, prior to disposition by the court of a petition for annulment, the petitioner is charged with an offense conviction for which would bar such annulment under paragraph V or VI(a) or would extend the time requirements under paragraphs III, IV and VI(b), the petition shall not be acted upon until the charge is disposed.
VIII. Any petition for annulment which does not meet the requirements of paragraphs III-VI shall be dismissed without a hearing.
IX. When a petition for annulment is timely brought, the court shall require the department of corrections to report to the court concerning any state or federal convictions, arrests or prosecutions of the petitioner and any other information which the court believes may aid in making a determination on the petition. The department shall charge the petitioner a fee of $100 to cover the cost of such investigation unless the petitioner demonstrates that he is indigent or he has been found not guilty or his case has been dismissed or not prosecuted in accordance with paragraph II. The court shall provide a copy of the petition to the prosecutor of the underlying offense and permit them to be heard regarding the interest of justice in regard to the petition.
X. Upon entry of an order of annulment:
(a) The person whose record is annulled shall be treated in all respects as if he had never been arrested, convicted or sentenced, except that, upon conviction of any crime committed after the order of annulment has been entered, the prior conviction may be considered by the court in determining the sentence to be imposed, and may be counted toward habitual offender status under RSA 259:39.
(b) The court shall issue the person a certificate stating that such person's behavior after the conviction has warranted the issuance of the order, and that its effect is to annul the record of arrest, conviction and sentence, and shall notify the state police criminal records unit and the arresting agency.
(c) In any application for employment, license or other civil right or privilege, or in any appearance as a witness in any proceeding or hearing, a person may be questioned about a previous criminal record only in terms such as "Have you ever been arrested for or convicted of a crime that has not been annulled by a court?"
XI. Nothing in this section shall affect any right:
(a) Of the person whose record has been annulled to appeal from the conviction or sentence or to rely on it in bar of any subsequent proceedings for the same offense; or
(b) Of law enforcement officers to maintain arrest and conviction records and to communicate information regarding the annulled record of arrest or conviction to other law enforcement officers for legitimate investigative purposes or in defense of any civil suit arising out of the facts of the arrest, or to the police standards and training council solely for the purpose of assisting the council in determining the fitness of an individual to serve as a law enforcement officer, in any of which cases such information shall not be disclosed to any other person.
XII. A person is guilty of a misdemeanor if, during the life of another who has had a record of arrest or conviction annulled pursuant to this section, he discloses or communicates the existence of such record except as provided in subparagraph XI(b).
XIII. As used in this section, "violent crime" means:
(a) Capital murder, first or second degree murder, manslaughter, or class A felony negligent homicide under RSA 630;
(b) First degree assault under RSA 631:1;
(c) Aggravated felonious sexual assault or felonious sexual assault under RSA 632-A;
(d) Kidnapping or criminal restraint under RSA 633;
(e) Class A felony arson under RSA 634:1;
(f) Robbery under RSA 636;
(g) Incest under RSA 639:2, or endangering the welfare of a child by solicitation under RSA 639:3, III; or
(h) Any felonious child pornography offense under RSA 649-A.
XIV. As used in this section, "crime of obstruction of justice" means:
(a) Tampering with witnesses or informants under RSA 641:5 or falsifying evidence under RSA 641:6; or
(b) Any felonious offense of obstructing governmental operations under RSA 642.
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Xavier, I would speculate drug charges of some sort.

jim, it depends (my kingdom for a one handed attorney or economist). :D If he is convicted of a felony (depending on the felony) he will be barred from possessing firearms or ammunition that have moved in interstate commerce by federal law, unless:

1. he is acquitted of the felonies at trial;
2. the charges are dismissed as a matter of law by the court;
3. the prosecution dismisses the charges;
4. he pleads to misdemeanors;
5. he is convicted, but pardoned;
6. he is convicted, but the convictions are vacated upon appeal;
7. he is convicted, but convictions are set aside because of a post-conviction relief petition (civil lawsuit against state stating civil rights were violated).

Be advised that some misdemeanors will disqualify individuals from owning firearms under state and federal law.
 
"under indictment"

I know this answer is coming in late, but maybe it will help...
federal firearms laws prohibit possession of sale of a firearm
to a person "under indictment" for a felony....thus a person
with felony charges is precluded by federal law....yes, this appears
to be a loss of rights PRIOR to any conviction, but the fed courts
have repeatedly upheld this law.
 
In regards to the felony/4437/firearm ownership - here is what the federal law says about what counts and what doesn't count.
Section 921. Definitions

(20) The term ''crime punishable by imprisonment for a term exceeding one year'' does not include -

(A) any Federal or State offenses pertaining to antitrust violations, unfair trade practices, restraints of trade, or other similar offenses relating to the regulation of business practices, or

(B) any State offense classified by the laws of the State as a misdemeanor and punishable by a term of imprisonment of two years or less.

What constitutes a conviction of such a crime shall be determined in accordance with the law of the jurisdiction in which the proceedings were held. Any conviction which has been expunged, or set aside or for which a person has been pardoned or has had civil rights restored shall not be considered a conviction for purposes of this chapter, unless such pardon, expungement, or restoration of civil rights expressly provides that the person may not ship, transport, possess, or receive firearms.
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I have not heard anything about an ex-felon not being able to reside in a home where there are firearms present. An ex-felon can stand in a gun shop and look at anything he wants. he just can't touch a firearm. Looking is not a crime.
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Here is an interesting related article:

Wife arrested on parole violation after weapon found in bedroom.

By Doug Hoagland
The Fresno Bee
(Published Thursday, January 30, 2003, 5:18 AM)

A Fresno police officer could be fired after marrying a woman who served time in prison for attempted murder and then violated her parole in December by having access to his department gun.

Parole agents found city police officer Ray Holquinn's gun, pepper spray, baton and cartridges on the floor of his bedroom near the bed, where his bride had been sleeping.

Holquinn and his wife, Tanya Marie Holquinn, knew his gun had to be kept in a locked safe or locked gun cabinet for her not to violate parole, said Bill Sessa, spokesman for the California Board of Prison Terms.

Holquinn said he tried to find out what to do with his gun at home, but one parole agent gave him incorrect information and another agent wasn't in the office. Holquinn said he kept the gun in a safe until the day before his wife was arrested: "It was my mistake leaving the gun [in the bedroom]."

During an interview Tuesday, Holquinn provided details about a relationship that stunned fellow officers when it was first reported. Holquinn acknowledged the novelty of the situation: "This is totally irregular -- a cop marrying a parolee."

Holquinn said he believes his wife's past is being held against her: "Nobody wants to let it go and let her live a life."

Tanya Holquinn is now back in prison as she awaits a hearing to determine how much time she will have to serve for violating parole. She faces a maximum of one year.


http://www.fresnobee.com/local/story/6028251p-6984539c.html
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under indictment statute

check out 18 USC (Title 18, United States Code) section 922 (a) (6)
an interesting case is USA v. Chambers, 922 F2d 228 (CA Tex, Texas federal circuit court of appeals), 1991), here even when felony indictment was defective and ultimately quashed by the court the defendants purchase of firearm while under the indictment was still violation of statute....so, right or wrong, true or false, guilty or no...if under "indictment" of a felony charge you out of the lawful gun purchase business and risk further prosecution. (You should be able to find these statutes and cases on sites such as findlaw.)
 
XavierBreath wrote:
I hate to say it, but I have to assume that your friend did not accidentally
commit a felony. Regardless of his crime, as a citizen he is responsible for knowing and obeying the law. Ignorance is no excuse. You do not state his crime, but you assert that nobody was hurt or even endangered. It is hard to imagine what this harmless felony was..

I agree, it is like the guy going to the doktor asking about his friends VD ;)

XavierBreath wrote:
After managing to live over 50 very full and active years without breaking a law, I find it hard to make excuses for those who cannot.

That is a lie and thats a sin.....Where do you get your halo polished ....angel :barf:
 
katzbalger - The only law I have broken (and been caught breaking) was driving 35 in a 25 speed zone. Any other obscure laws I may have inadvertantly broken over the years have not harmed anyone.

I'm certainly no angel, but I'm not a liar either. I'd appreciate it if you'd give Xavier the benefit of the doubt.

Thanks. :)

-Dave
 
XavierBreath - Did you really literally mean you have never broken a law? That is amazing. It is even harder to believe if you drive, almost everybody breaks traffic laws, especially the assured clear distance one.
 
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