Need legal help on a gun question, TFL lawyers appreciated

S

SevenRoundMags

New member
Here's my legal question-
I live with my mother and stepdad in Texas. My stepdad was conned in a business deal for half a million dollars a few years ago. The con artists made it so he couldn't have any evidence against them, threatened to kill his children if he further pushed it, and they finally fled to Canada.

My stepdad went to their house and emptied his 9mm glock into their car and garage door in his bloodlust. He was arrested and tried in court but not convicted, he reached a settlement of a few months in jail and millions in reperations.

Now, I want to take my mom shooting and she doesn't own a gun, she's interested in owning one for self-defense. Would it be legally safe (she has a perfect background, no criminal record) for her to buy a .22 revolver and keep it at home? It would probably be kept in my room since I know the most about gun saftey.

Would I be putting my stepdad at risk of criminal charges if there was a firearm in the home, even though he was NOT convicted of a felony, but jailed? Oh, and his record has been purged, he can travel freely now, etc.

I realize its best to call a lawyer in my city but any general insight would be nice.

Thanks.
 
You said he was not convicted but then you state he "reached a settlement" and spent a few months in jail. This sounds like a conviction. A negotiated guilty plea or a plea of "no contest" is still a conviction.

Assuming he was convicted, there is a risk any firearm found in the house or near his person would be considered in his possession. Two or more people can possess and/or control a fiream (the same for drugs). Ownership doesn't matter. I just heard of a case where the son claimed the firearms were his but his father was convicted of possession of a firearm by a convicted felon where the rifles were discovered in a closet in a house (there may some more facts to this but I don't know more than this).
 
If it was only a few years ago, even if it wasn't a disqualifying conviction, he might still be under restrictions that forbid him from possessing a gun.

If you really want to get to the bottom of it, find out exactly what he plead to and when, what other conditions were attached to the deal, and call a lawyer.
 
G. Gordon Liddy

used to discuss the guns his wife owned regularly on the radio. Our talk radio station switched to punk rock a few years ago, so I no longer listen to him.
 
Not enough info. Does his plea/conviction/probation whatever prohibit him from possession/owing a firearm or ammo?

As someone else accurately mentioned, possession can be interpreted very loosely. Being in the same auto or even home as a firearm OR even ammo can equate to possession and thus a violation of the law if he's prohibited.

The key to the answer lies in his plea deal.
 
If he went to jail after the trial and was made to pay restitution he was convicted.

If he was in jail prior to the trial only he may not have been convicted.
Resitution could have been a condition of withheld adjudication.

Too many unknown important details
 
IF there was a plea barget agreement, was it for a Felony? If not there might not be a problem for your step-dad. Legal opinion here is worth EXACTLY what you've paid for it. Definatly check with a REAL attorney.
 
He was obviously originally charged with a crime involving a firearm.

Your stepdad or his lawyer know the answer to your question, IMO.
 
You must log in or register to reply here.
Back
Top