PDA

View Full Version : Can Felons Register AWs?


Mr.RoDiN
02-25-2006, 7:39 PM
Here is a question ive been pondering. Say you bought your lowers drossed them, and before the list was updated, you either got a dui or a felony or somthing.... Would you still be able to register your rifles as Class 2 or the allmighty "Class 4" AWs? Just wondering! And no this didnt happen to me! But you know how life is, stuff happens!

UberPhLuBB
02-25-2006, 7:49 PM
Felons are prohibited on a federal level from owning any firearms.

Answer would be a big "no."

RRangel
02-25-2006, 8:21 PM
Felons can not own guns period.

Mr.RoDiN
02-25-2006, 8:41 PM
so if someone owned guns and then became a felon, he would have to get rid of his weapons?

UberPhLuBB
02-25-2006, 8:42 PM
so if someone owned guns and then became a felon, he would have to get rid of his weapons?

By law, yes. Unless you live in a state with registration, I doubt they'd come knocking on your door for the firearms, but if you're ever caught for anything again you're up that famous creek. They try to treat each firearm as a seperate offense.

blkA4alb
02-25-2006, 8:43 PM
so if someone owned guns and then became a felon, he would have to get rid of his weapons?
well when we say a felon can't own guns...that means he can't own guns, so yes he would have to get rid of them. im not sure how it works but do they get confiscated? or can he sell them etc. i assume they would just get taken.:rolleyes:

UberPhLuBB
02-25-2006, 8:43 PM
Oops, double post.

Mr.RoDiN
02-25-2006, 8:57 PM
ah that sucks how about dui s are they felonies or misdameanors?

762cavalier
02-25-2006, 9:00 PM
.that means he can't own guns, so yes he would have to get rid of them. im not sure how it works but do they get confiscated? or can he sell them etc. i assume they would just get taken.

Actually I think CA now has a law that gives recently convicted felons to transfer their firearms appropriately. Not sure of the specifics though, maybe someone can add more for me

UberPhLuBB
02-25-2006, 9:09 PM
ah that sucks how about dui s are they felonies or misdameanors?

If you're worried about yourself or someone you know crossing the line, I think you need to change your social life. Or find new friends. Or get rid of your guns so the media doesn't lump me in with your hijinks. ;) :D

P.S., DUIs are serious business. Don't associate yourself with anyone willing to drink and drive.

rodgster
02-25-2006, 9:35 PM
OK.

A guy I know from childhood got convicted of a felony a year or so ago. He was ordered by the court to dispose of his firearms within a certain amount of time (30 days???).

I happened to see him (first time in a year or so). I bought one of his handguns after checking with a friend @ the local sheriff to see if this would cause me any additional scrutiny. I didn't really need or want the gun, I just thought I'd help him out. In retrospect I paid too much for it too.

So much for trying to be a nice guy.

1911_sfca
02-25-2006, 9:51 PM
ah that sucks how about dui s are they felonies or misdameanors?

DUIs, in general, are misdemeanors. If you are in an accident, and someone is injured (yourself or someone else), it becomes a felony.

There are exceptions, such as on federal land -- for instance, here in San Francisco, a DUI in the Presidio would be a federal felony, even without an injury accident.

Mr.RoDiN
02-25-2006, 10:29 PM
ok thanks guys and i can assure you i am not in any trouble if i was i would be talking to a lawyer. I was just thinkin about it. Yes dirnkin and driving i know is very wrong. I do not drink and drive. If I am the DD of the night i do not exceed two drinks (of course i do not drive for 3 or 4 hours). But thanks for all the help!!!

blkA4alb
02-25-2006, 10:35 PM
ok thanks guys and i can assure you i am not in any trouble if i was i would be talking to a lawyer. I was just thinkin about it. Yes dirnkin and driving i know is very wrong. I do not drink and drive. If I am the DD of the night i do not exceed two drinks (of course i do not drive for 3 or 4 hours). But thanks for all the help!!!
uhm, i believe designated driver means no drinks. your not scoring very high, at least with me.

LEO
02-26-2006, 6:58 AM
Not sure about this but I read felons can not be prosecuted for not
registering a gun , something to do with self incrimination,

FreedomIsNotFree
02-26-2006, 7:43 AM
If you're worried about yourself or someone you know crossing the line, I think you need to change your social life. Or find new friends. Or get rid of your guns so the media doesn't lump me in with your hijinks. ;) :D

P.S., DUIs are serious business. Don't associate yourself with anyone willing to drink and drive.

Yes, DUI's are serious business. That being said.....more people have them than you are aware. If you chose not to associate with anyone that has ever had a DUI or has ever drovedrunk you might be surprised how many of your friends you would no longer associate with. Many people are embarrassed by them and simply dont advertise their convictions.

I agree they are serious, but not that serious as to lose friends. People make mistakes....

Fjold
02-26-2006, 8:08 AM
Not sure about this but I read felons can not be prosecuted for not
registering a gun , something to do with self incrimination,


There was a court case over ten years ago (I think it was federal) where the court ruled that a felon can be convicted of possessing a firearm but cannot be convicted of not registering one because it violated his protection against self incrimination.

mechandy
02-26-2006, 9:37 AM
I'm far from perfect but I make money sizing people up.
When we interview people reviewing their DMV printout tells us a lot about the person.
Both socially and in business I've seen some people that looked like they really had it together then they mention a history of drunk driving.
If you hang around those types other things will tend to surface.
IMO DUI's are the tip of an iceberg.
DD means dry.
Choose your friends wisely.

sierratangofoxtrotunion
02-26-2006, 9:54 AM
In my (non-personal) experience, as soon as you get arrested for a crime that could be a felony, the cops search your house, take your guns and crunch em. At least that's the official story, I do know for a fact sometimes they end up in a cop's safe at home. That being said, you wouldn't still have any guns any more, so the question wouldn't come up.

one417
02-26-2006, 11:40 AM
In my (non-personal) experience, as soon as you get arrested for a crime that could be a felony, the cops search your house, take your guns and crunch em. At least that's the official story, I do know for a fact sometimes they end up in a cop's safe at home. That being said, you wouldn't still have any guns any more, so the question wouldn't come up.


That's a really ingnorant head up arse (non-personal experience) reply......First, if you know for a fact that they ended up in a cop's home, turn the criminal in (I'm a cop too) :mad: . I've arrested more felonies in my 19+ years than I care to remember. The only time "we" have searched their houses is only if "we" think that there may be evidence or "fruits of" the crime in their home. With that said, "we" (depending on the type of crime) may only search 1 out of 10 BG's house. BTW, being arrested for a felony doesn't make one a "felon" until one is convicted of a felony. :rolleyes:

caliar15
02-26-2006, 12:20 PM
That's a really ingnorant head up arse (non-personal experience) reply......First, if you know for a fact that they ended up in a cop's home, turn the criminal in (I'm a cop too) :mad: . I've arrested more felonies in my 19+ years than I care to remember. The only time "we" have searched their houses is only if "we" think that there may be evidence or "fruits of" the crime in their home. With that said, "we" (depending on the type of crime) may only search 1 out of 10 BG's house. BTW, being arrested for a felony doesn't make one a "felon" until one is convicted of a felony. :rolleyes:
being arrested for a felony will keep your dros from going thru.

one417
02-26-2006, 1:54 PM
being arrested for a felony will keep your dros from going thru.

I agree with that.....Just stating other facts.

sierratangofoxtrotunion
02-26-2006, 6:00 PM
That's a really ingnorant head up arse (non-personal experience) reply......First, if you know for a fact that they ended up in a cop's home, turn the criminal in (I'm a cop too) :mad: . I've arrested more felonies in my 19+ years than I care to remember. The only time "we" have searched their houses is only if "we" think that there may be evidence or "fruits of" the crime in their home. With that said, "we" (depending on the type of crime) may only search 1 out of 10 BG's house. BTW, being arrested for a felony doesn't make one a "felon" until one is convicted of a felony. :rolleyes:

I'm sorry, I didn't mean to offend. I'm sure you're a good cop, our town is full of the type who screech through intersections against lights almost causing accidents to meet up at the donut shop 1/2 block away. That IS a personal eyewitness experience. If I ever see them do that again, I'm going to slash their tires. I'm sorry if I'm jaded. Nothing against you.

ETA: I still can't believe my eyes, the time I saw a motorcycle cop driving while talking on his cell phone. I'm not even sure how that's possible, but I saw it.

My non-personal experience is only non-personal because it happened to my best friend rather than me. The cops had probable cause and searched his home, they found what they were looking for and charged him. While they were there they confiscated all his firearms and they were disposed of before he ever showed up in court.

ohsmily
02-26-2006, 7:33 PM
If I ever see them do that again, I'm going to slash their tires.

My non-personal experience is only non-personal because it happened to my best friend rather than me. The cops had probable cause and searched his home, they found what they were looking for and charged him. While they were there they confiscated all his firearms and they were disposed of before he ever showed up in court.

HAHA, big talker about slashing their tires. I am SURE you are actually going to slash the cops tires. HAHA.

As for the guns never being seen again...Either he had stolen guns and weren't his in the first place, or MAYBE, he was convicted of that felony and wasn't allowed to take possession of those guns as a convicted felon. This is assuming there wasn't a provision at the time to allow him to sell them or transfer them to a family member.

HEUER
02-26-2006, 7:45 PM
DUIs, in general, are misdemeanors. If you are in an accident, and someone is injured (yourself or someone else), it becomes a felony.

There are exceptions, such as on federal land -- for instance, here in San Francisco, a DUI in the Presidio would be a federal felony, even without an injury accident.

This is not true, unless they have changed their enforcement procedures. Can you say ticket to the Department of the Interior. I have first hand exp with this, so please do tell if they have changed there policy.

UberPhLuBB
02-26-2006, 9:07 PM
Yes, DUI's are serious business. That being said.....more people have them than you are aware. If you chose not to associate with anyone that has ever had a DUI or has ever drovedrunk you might be surprised how many of your friends you would no longer associate with. Many people are embarrassed by them and simply dont advertise their convictions.

I agree they are serious, but not that serious as to lose friends. People make mistakes....

That number would be none. Like I said, I don't associate with people who drink and drive. I only know 2 people who drink, ever.

People make mistakes, sure. But when they risk other people's lives for a few hours of "fun," I don't want to know them. I don't even want to hear about them. Awful people. If you want to drink to impairment, no problem. But make arrangements to get yourself home without endangering myself and the people I love. But that's way off topic.

Bottom line is, felonies and certain types of misdemeanors will loose you your right to keep arms (though the right to bear is already gone in most of California).

sierratangofoxtrotunion
02-27-2006, 10:29 AM
HAHA, big talker about slashing their tires. I am SURE you are actually going to slash the cops tires. HAHA.

As for the guns never being seen again...Either he had stolen guns and weren't his in the first place, or MAYBE, he was convicted of that felony and wasn't allowed to take possession of those guns as a convicted felon. This is assuming there wasn't a provision at the time to allow him to sell them or transfer them to a family member.

Cops in this town are hated. They also get paid $100k a year here (fact published in the local paper), more than the scientists with Phds at LLNL not far away. Think what you want on the cop / tire thing. I don't know you, you don't know me, it doesn't matter. About a dozen people were downright furious, thinking back, I'm almost surprised nobody did at the time.

His guns were legally owned by him, purchased the legal way through local dealers. I don't know if there was some way to get them transfered at the time, but that didn't happen, because a lot of things got confiscated quickly. Legally owned property got confiscated from friends cars (without probable cause) that were parked in front of the house. It has been established in his case that the firearms weren't supposed to have been taken in the first place, but neither he nor I nor his family or any friends had the money to pay some lawyer thousands of dollars to get one thousand dollars in guns back, even if they hadn't already been disposed of. And his public defender told him when they went for araignment that the guns were already disposed of.

If you think I'm making stuff up, that's too bad. I'm not here to tell anybody sob stories. At first, the story had something to do with the original post, so that's why it was told. I apologize to the admins and the original poster for the semi-hijack direction this thread has been headed.

bwiese
02-27-2006, 10:34 AM
Back to the subject...

I do believe that when you register AW(s) during an open registration period the DOJ does a DROS-like background check on you. So if you were ineligible to possess firearms (felony, violent misdemeanor or felony indictment) you'd hear about it.