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Rumpled
09-09-2005, 12:05 AM
Just curious.
I know a few people who are convicted felons. I won't go into it, but their crimes have nothing to do with me.
I know that they can't buy guns or possess them - I think that they can't even live in a house with firearms.
But, can a felon shoot someone else's gun at a range (formal or BLM). Does that count as possession?
Would it matter if they are on or off parole?

artherdGROUPEESUCKS
09-09-2005, 12:35 AM
No they may not.

leo@csuhayward.edu
09-09-2005, 3:58 AM
only if life or limb is in danger and they must "give up" the weapon as soon as the danger is over.

(this is from my 2000 copy of "how to own a gun in kalif and stay out of jail" -- or something to that effect)

stillbigmac
09-09-2005, 4:55 AM
I forget who it was but I was talking with LE and was informed that the feds can and will charge felons for simple posetion of one loaded cartrige to the tune of 10 years.

09-09-2005, 6:59 AM
I have a hard time believing that the feds would charge a felon and give him 10 years for having a single cartridge since in some states felons can get their gun rights back after a certain amount of time has passed.

Blackgun
09-09-2005, 8:14 AM
Sure go anywhere in South Central Los Angeles and they do it every night.

50 Freak
09-09-2005, 11:18 AM
I forget who it was but I was talking with LE and was informed that the feds can and will charge felons for simple posetion of one loaded cartrige to the tune of 10 years.

Any District Atty is welcome to try, but a jury and the judge would probably laugh him out of court. This is still America after all. Not the Russian Goulag.

delloro
09-09-2005, 3:15 PM
the federal sentencing guidelines call for a minimum of 15 months for possession of ammo by a prohibited person with no other criminal history or enhancing circumstances, of which one must serve at least 85% or 12.75 months. depending upon other enhancements, history, etc, the sentence could exceed 115 months or so. which is ten years. there is little if any discretion in the FSGs.

imported_Telpierion
09-09-2005, 3:21 PM
I think that they can't even live in a house with firearms.

Where can this law be found? This is the first I've heard of it.

stillbigmac
09-09-2005, 3:32 PM
Just passin it along... I didn't claim it would make it past a jury.

The premis was for a previosly covicted felons that are up to no good and the locals are haveing trouble putting away. Not being in law enforcement myself I have to take it at face value... your mileage may very http://calguns.net/groupee_common/emoticons/icon_razz.gif

icormba
09-09-2005, 4:02 PM
the only thing I know of for sure is... try going through the metal detector/ x-ray at the airport with 1 single round of ammo left in your side pocket of sports bag that doubles as your carry on luggage. You don't even have to be a felon, but you can become one for doing it.

Not that it's happened to me.

imported_kantstudien
09-09-2005, 5:44 PM
Originally posted by 50ae:
Iin some states felons can get their gun rights back after a certain amount of time has passed.

I really doubt that since it is a federal that prohibits felons being a possession of any firearm. No state law would trump federal law. But if they were pardoned, then they would no longer be felons would they?

09-09-2005, 6:28 PM
Originally posted by 50ae:
I have a hard time believing that the feds would charge a felon and give him 10 years for having a single cartridge since in some states felons can get their gun rights back after a certain amount of time has passed.

In California at least, certain misdemeanors are enough to lose your right to keep firearms for 10 years. I believe a felony is still a lifetime ban.

(1) Except as provided in subdivision (a) or paragraph (2) of
this subdivision, any person who has been convicted of a misdemeanor
violation of Section 71, 76, 136.1, 136.5, or 140, subdivision (d) of
Section 148, Section 171b, 171c, 171d, 186.28, 240, 241, 242, 243,
244.5, 245, 245.5, 246.3, 247, 273.5, 273.6, 417, 417.6, 422, 626.9,
646.9, 12023, or 12024, subdivision (b) or (d) of Section 12034,
Section 12040, subdivision (b) of Section 12072, subdivision (a) of
former Section 12100, Section 12220, 12320, or 12590, or Section
8100, 8101, or 8103 of the Welfare and Institutions Code, any
firearm-related offense pursuant to Sections 871.5 and 1001.5 of the
Welfare and Institutions Code, or of the conduct punished in
paragraph (3) of subdivision (g) of Section 12072, and who, within 10
years of the conviction, owns, purchases, receives, or has in his or
her possession or under his or her custody or control, any firearm
is guilty of a public offense, which shall be punishable by
imprisonment in a county jail not exceeding one year or in the state
prison, by a fine not exceeding one thousand dollars ($1,000), or by
both that imprisonment and fine.

See "Person Convicted of Misdemeanor Vioations of Specified Offenses" in California Firearms Laws 2005 (http://caag.state.ca.us/firearms/forms/pdf/cfl.pdf)


I really doubt that since it is a federal that prohibits felons being a possession of any firearm. No state law would trump federal law. But if they were pardoned, then they would no longer be felons would they?

From my observations, it appears that things that are legal under federal law can be illegal under state law, but not the other way around. California certainly doesn't have a problem with restricting us from purchasing firearms that are perfectly legal on the federal level.

stillbigmac
09-09-2005, 9:04 PM
Originally posted by kantstudien:
<BLOCKQUOTE class="ip-ubbcode-quote"><div class="ip-ubbcode-quote-title">quote:</div><div class="ip-ubbcode-quote-content">Originally posted by 50ae:
Iin some states felons can get their gun rights back after a certain amount of time has passed.

I really doubt that since it is a federal that prohibits felons being a possession of any firearm. No state law would trump federal law. But if they were pardoned, then they would no longer be felons would they? </div></BLOCKQUOTE>

I have a very good friend that had his rights reinstated. He actually did it in a very short period of time too. He really did break his own balls to make it possable, but it is possible on some types of felonies.

Rumpled
09-09-2005, 9:16 PM
Telpierion
The no guns in house came from a friend who's brother was a felon. They had to remove all guns from house. It might have been a parole condition, though.
That's why I'm asking, I don't know either.

09-10-2005, 6:53 AM
You can doubt it all you want but in TX after 5 years frome release a felon can is allowed to own firearms but can only posses them in his home. TXPC 46.04 makes reference to this and no, it is not a pardon.

Originally posted by kantstudien:
<BLOCKQUOTE class="ip-ubbcode-quote"><div class="ip-ubbcode-quote-title">quote:</div><div class="ip-ubbcode-quote-content">Originally posted by 50ae:
Iin some states felons can get their gun rights back after a certain amount of time has passed.

I really doubt that since it is a federal that prohibits felons being a possession of any firearm. No state law would trump federal law. But if they were pardoned, then they would no longer be felons would they? </div></BLOCKQUOTE>

delloro
09-10-2005, 7:13 AM
no doubt that's what TX law says, but there is also federal law. several people have been unpleasantly surprised when they thought that their rights had been restored but found out the other government did not agree.

Bruce
09-10-2005, 9:27 PM
Originally posted by kantstudien:
I really doubt that since it is a federal that prohibits felons being a possession of any firearm...

1968 Gun Control Act.

Bruce
09-10-2005, 9:29 PM
Originally posted by 50 Freak:

Any District Atty is welcome to try, but a jury and the judge would probably laugh him out of court. This is still America after all. Not the Russian Goulag.

A district attorney would reject such a case, but a U.S. Attorney wouldn't. The Federal Courts are a whole different world.

stillbigmac
09-11-2005, 1:03 PM
Guys the back of the 4473 includes directions about those that have had their right reinstated.

Next time your in a gunstore check it yourself.