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View Full Version : if convicted of a felony, what do you do with your guns??


rawhead rex
03-21-2013, 2:15 PM
I have a friend who recently got convicted of a misdemeanor or felony, i dont know which, but they took his gun rights away. Its been about 2-3 weeks, Can i buy his rifle from him or will they confiscate it when we do a transfer from his name? The rifle is in my possession already to check out, but we have not done paper work. thanks!
-Adam

nick007g
03-21-2013, 2:42 PM
You can transfer to any non-prohibited person. You don't even gotta do an exchange of money. That is up to you, any 01 FFL will do the transfer for a fixed fee. He can even transfer to his wife/girlfriend if he wanted. Again, ANY non-prohibited person. Certain charges only revoke rights for 7-10 years and restoration of rights is possible, in that case, see a lawyer. Good luck.

MQUnlimited
03-21-2013, 3:37 PM
You can transfer to any non-prohibited person. You don't even gotta do an exchange of money. That is up to you, any 01 FFL will do the transfer for a fixed fee. He can even transfer to his wife/girlfriend if he wanted. Again, ANY non-prohibited person. Certain charges only revoke rights for 7-10 years and restoration of rights is possible, in that case, see a lawyer. Good luck.

Someone correct me if Im wrong but I was under the assumption that if a felon resided in the same residence, guns were not to be allowed. I read an article where CADOJ was enforcing that law recently and confiscating firearms with persons living in the same home whom aren't qualified to own a firearm.

GW
03-21-2013, 3:40 PM
Someone correct me if Im wrong but I was under the assumption that if a felon resided in the same residence, guns were not to be allowed. I read an article where CADOJ was enforcing that law recently and confiscating firearms with persons living in the same home whom aren't qualified to own a firearm.

That would truly suck
That would be punishing you for someone else's crime.

mrdd
03-21-2013, 3:45 PM
Someone correct me if Im wrong but I was under the assumption that if a felon resided in the same residence, guns were not to be allowed. I read an article where CADOJ was enforcing that law recently and confiscating firearms with persons living in the same home whom aren't qualified to own a firearm.

Cite the "article".

Either the article is wrong, or this is just FUD.

BigBamBoo
03-21-2013, 3:46 PM
Buy a shovel....water tight enclosure...desiccant...mark a good spot off...start digging.

WTSGDYBBR
03-21-2013, 3:50 PM
Buy a shovel....water tight enclosure...desiccant...mark a good spot off...start digging.

AHH We think the same.

OlderThanDirt
03-21-2013, 3:51 PM
Someone correct me if Im wrong but I was under the assumption that if a felon resided in the same residence, guns were not to be allowed. I read an article where CADOJ was enforcing that law recently and confiscating firearms with persons living in the same home whom aren't qualified to own a firearm.

Prohibited person cannot have access to the firearm or ammo. The firearms and ammo would need to be locked up so the prohibited person could not gain reasonable access.

MQUnlimited
03-21-2013, 4:05 PM
Cite the "article".

Either the article is wrong, or this is just FUD.

Can't find the article I speak of, mentioned wife diagnosed with mental issues but guns removed from husband because of her recent illness.

Similar articles appeared in multiple news outlets. One recent story of an actual confiscation appeared a few weeks an was posted on this website.

cr1ms0njyhad
03-21-2013, 4:49 PM
Someone correct me if Im wrong but I was under the assumption that if a felon resided in the same residence, guns were not to be allowed. I read an article where CADOJ was enforcing that law recently and confiscating firearms with persons living in the same home whom aren't qualified to own a firearm.

The prohibited person just has to be unable to access the weapons. The surest way is a gun safe, of course, but if you put a lock on your bedroom door and keep the guns in the bedroom, that meets the requirements assuming the prohibited person does not have a key to that lock.

Diesel187
03-21-2013, 5:05 PM
Can't find the article I speak of, mentioned wife diagnosed with mental issues but guns removed from husband because of her recent illness.

Similar articles appeared in multiple news outlets. One recent story of an actual confiscation appeared a few weeks an was posted on this website.

U are right I saw that article last week the DOJ was running around taking guns the person in the article was living in Upland CA. She had checked herself in to a hospital for two nights for some "rest" and now she nor her husband can have a shooter.

SVT-40
03-21-2013, 8:46 PM
The prohibited person just has to be unable to access the weapons. The surest way is a gun safe, of course, but if you put a lock on your bedroom door and keep the guns in the bedroom, that meets the requirements assuming the prohibited person does not have a key to that lock.

A "Bedroom door lock" usually not sufficient, because the bedrooms resident would have to keep the door locked at all times. Locking each and every time he entered and left the room. He could never leave the room unlocked as the felon roommate would have "access" to the weapons.

Gun safe is the only answer. One with no key, as a key can be "accessed" by the felon while the safes owner did not have it actually on his person. Heck an arguement could be made that even while the key was on the safe owners person the felon could still access the key by simply threatening the safe owner or physically removing it.

SVT-40
03-21-2013, 8:48 PM
U are right I saw that article last week the DOJ was running around taking guns the person in the article was living in Upland CA. She had checked herself in to a hospital for two nights for some "rest" and now she nor her husband can have a shooter.

The issue was "access". Since the husband did not secure his firearm it was seized. He is not a prohibited person and could purchase another. It would though need to be secured in a safe.

Decoligny
03-22-2013, 5:41 AM
A "Bedroom door lock" usually not sufficient, because the bedrooms resident would have to keep the door locked at all times. Locking each and every time he entered and left the room. He could never leave the room unlocked as the felon roommate would have "access" to the weapons.

Gun safe is the only answer. One with no key, as a key can be "accessed" by the felon while the safes owner did not have it actually on his person. Heck an arguement could be made that even while the key was on the safe owners person the felon could still access the key by simply threatening the safe owner or physically removing it.

Wow, using that logic, the felon could hold a knife to the throat of the safe owner and make him/her open the combo lock. Better weld it shut and store it in another state.

A locked bedroom door is sufficient. Just as sufficient as a locked safe door. There are many people who own handguns living with roommates that are prohibited persons. They don't all own safes. They lock their bedroom door whenever the gun is left in the bedroom. Meets the requirement of the law.

Doheny
03-22-2013, 5:55 AM
Someone correct me if Im wrong but I was under the assumption that if a felon resided in the same residence, guns were not to be allowed. I read an article where CADOJ was enforcing that law recently and confiscating firearms with persons living in the same home whom aren't qualified to own a firearm.

This is a pretty good explanation to a similar question that appeared in the LEO forum recently: http://www.calguns.net/calgunforum/showpost.php?p=10649901&postcount=11

Full thread: http://www.calguns.net/calgunforum/showthread.php?p=10649901#post10649901

nick007g
03-22-2013, 9:15 AM
Wow, using that logic, the felon could hold a knife to the throat of the safe owner and make him/her open the combo lock. Better weld it shut and store it in another state.

A locked bedroom door is sufficient. Just as sufficient as a locked safe door. There are many people who own handguns living with roommates that are prohibited persons. They don't all own safes. They lock their bedroom door whenever the gun is left in the bedroom. Meets the requirement of the law.

THIS! Plus by this logic you could apply this to child access. It's all a bunch of FUD, even the parole story and "theory" of illegal searches (the whole house) by police departments. They can ask what ever they like but you are always free to decline any/all invitations for information and consents for searches as long as you are not on ACTIVE parole/probation. They are limited in scope to areas in/under said parolees immediate control/assess, even in vehicles. They don't get to make up their own rules, despite what many people "say/heard".

gunsmith
03-22-2013, 10:58 AM
what kind of rifle are you asking about? Is it an EBR?

paul0660
03-22-2013, 11:04 AM
Its been about 2-3 weeks

Unless he is in a podunk county like mine, he signed a form agreeing to get rid of his guns with a couple days. They can be sold to a FFL or turned over to the cops, who might keep them for him for a fee.

loekanle
03-22-2013, 11:10 AM
Could he become a citizen in a different country like Canada and renounce his citizenship in the U.S and be able to keep and own firearms in cal?

this is a question, I'm curious

Decoligny
03-22-2013, 12:03 PM
Could he become a citizen in a different country like Canada and renounce his citizenship in the U.S and be able to keep and own firearms in cal?

this is a question, I'm curious

No, because if a Canadian is arrested and convicted of a felony in the US, they are then a prohibited person in the US. The prohibition is based on the crime, not the citizenship of the criminal. Changing citizenship does not wipe away the felony conviction.

edwardm
03-22-2013, 12:51 PM
Cite the "article".

Either the article is wrong, or this is just FUD.

Read.

http://www.businessweek.com/articles/2013-03-21/californias-gun-repo-men-have-a-nerve-racking-job

They had better luck at the ranch house in nearby Upland, where they seized the three guns from the home of a woman who’d been hospitalized for mental illness. One gun was registered to her, two to her husband. “The prohibited person can’t have access to a firearm,” regardless of who the registered owner is, says Michelle Gregory, a spokeswoman for the attorney general’s office.

Not arguing legality or grounds for an action, but CalDOJ is doing that.

SVT-40
03-22-2013, 3:44 PM
Wow, using that logic, the felon could hold a knife to the throat of the safe owner and make him/her open the combo lock. Better weld it shut and store it in another state.

A locked bedroom door is sufficient. Just as sufficient as a locked safe door. There are many people who own handguns living with roommates that are prohibited persons. They don't all own safes. They lock their bedroom door whenever the gun is left in the bedroom. Meets the requirement of the law.

I've talked to more than a few Parole / Probation officers who would disagree with you over my 29 year career. Done many parole and probation searches too. Found weapons in other unlocked rooms from where the parolee / probationer resided. The excuse for the room being unlocked was "I forgot to lock it".....

Off to jail with the offender.

What is your professional training or experience upon which you base your opinion?

mrdd
03-22-2013, 4:40 PM
Read.

http://www.businessweek.com/articles/2013-03-21/californias-gun-repo-men-have-a-nerve-racking-job



Not arguing legality or grounds for an action, but CalDOJ is doing that.

No. The post I answered said that DOJ was enforcing a law which prohibited the mere presence of guns in such a residence. There is no such law.

Vacaville
03-22-2013, 5:12 PM
Buy a shovel....water tight enclosure...desiccant...mark a good spot off...start digging.

Assuming that they were registered handguns, what happens when they show up at the door and the guns have "magically disappeared"?

nick007g
03-22-2013, 9:48 PM
I've talked to more than a few Parole / Probation officers who would disagree with you over my 29 year career. Done many parole and probation searches too. Found weapons in other unlocked rooms from where the parolee / probationer resided. The excuse for the room being unlocked was "I forgot to lock it".....

Off to jail with the offender.

What is your professional training or experience upon which you base your opinion?


Off to jail means squat. Conviction is what counts. Arrests are inconvenient but by no means a "approval" of said tactics. Simply having a cable lock (rendering a firearm inoperable) with the sole key belonging to said owner is the standard for child access. The same would be applied to parolees. The standard is no different than child access responsibilities. As long as locked access, with the key/combination being controlled by said owner, the case will be dismissed. An arrest dose not constitute a conviction, even when the coppers stretch the interpretations to suit their needs. Also, a free individual must consent to any intrusion violations despite what many think and is a mitigating factor of the highest caliber.

Just because some do, the results should not be construed as point of fact or implied legality of said actions on a broader scale. Just because you can violate the poor and disenfranchised and not be sued dose not mean that you are "correct/legal" with regard to law. Abuses happen everyday and they usually don't happen to the connected, wealthy, and/or well to do. It is those who can't afford to pay for their "rights" that bare the brunt of overstepping judicial street actions that would never stand up to court muster with competent and vigorous defense. Public pretenders case loads are stacked/packed. Resources are the key!

SVT-40
03-23-2013, 10:37 PM
Off to jail means squat. Conviction is what counts. Arrests are inconvenient but by no means a "approval" of said tactics. Simply having a cable lock (rendering a firearm inoperable) with the sole key belonging to said owner is the standard for child access. The same would be applied to parolees. The standard is no different than child access responsibilities. As long as locked access, with the key/combination being controlled by said owner, the case will be dismissed. An arrest dose not constitute a conviction, even when the coppers stretch the interpretations to suit their needs. Also, a free individual must consent to any intrusion violations despite what many think and is a mitigating factor of the highest caliber.

Just because some do, the results should not be construed as point of fact or implied legality of said actions on a broader scale. Just because you can violate the poor and disenfranchised and not be sued dose not mean that you are "correct/legal" with regard to law. Abuses happen everyday and they usually don't happen to the connected, wealthy, and/or well to do. It is those who can't afford to pay for their "rights" that bare the brunt of overstepping judicial street actions that would never stand up to court muster with competent and vigorous defense. Public pretenders case loads are stacked/packed. Resources are the key!

You really don't know what you are talking about... A child lock or similar device is not sufficient.....

Additionally how do place a child lock or similar device on ammunition? Prohibited persons are also prohibited from having access to ammo....

And yes the violators were convicted or had their parole or probation violated...

SVT-40
03-23-2013, 10:39 PM
Furthermore, inadequate representation and subsequent conviction still means little in the way of "vindication" of slights of the illegal/questionable procedures. Many will just capitulate and throw in the towel and the judge's, being a impartial mediator, see many a angles for defense left unchallenged for it is not their job to take a official position; however, I 'd argue that in the name of justice they should prevent railroading and coercion of facts of matter in the name of justice. For they are to labor in "truth". Bottom line is, if you don't know your rights, you don't have them as well as, if you can't afford to defend your rights, you also don't have them, other than procedural issues.

No "illegal or questionable" procedures......

indobos72
03-23-2013, 10:54 PM
A "Bedroom door lock" usually not sufficient, because the bedrooms resident would have to keep the door locked at all times. Locking each and every time he entered and left the room. He could never leave the room unlocked as the felon roommate would have "access" to the weapons.

Gun safe is the only answer. One with no key, as a key can be "accessed" by the felon while the safes owner did not have it actually on his person. Heck an arguement could be made that even while the key was on the safe owners person the felon could still access the key by simply threatening the safe owner or physically removing it.

My experience, as I had my brother stay with my after being released, is that the gun safe was acceptable by the parole officer. But I also added a door lock to the closet. Parole officer would have liked me to store the guns some other location. But I wasn't going that far. I love my guns more. ;) perfectly acceptable, the ruling was only for him not to have access and although I already had the gun safe, they really couldn't do anything about just the locked door. If he were to break into the room, he would be committing another crime. So IANAL but the locked door that he didn't have access to would have sufficed. But his lawyer would have a battle with just a locked door.

myk
03-23-2013, 10:59 PM
Know of a family that's going through this right now; one of the brothers was convicted of felony with intent to distribute marijuana and so this brother had to sign over his P226 to the family. However, with the brother finally on his way out and coming home they're saying that the P226 has to find a new home, which I'm hoping will be me. Unless they misunderstood the PO or he's spreading FUD, they say that they have to get rid of the gun...

kygen
03-23-2013, 11:03 PM
find a nice plot of land, and dig deep

Doheny
03-23-2013, 11:04 PM
THIS! Plus by this logic you could apply this to child access. It's all a bunch of FUD, even the parole story and "theory" of illegal searches (the whole house) by police departments. They can ask what ever they like but you are always free to decline any/all invitations for information and consents for searches as long as you are not on ACTIVE parole/probation. They are limited in scope to areas in/under said parolees immediate control/assess, even in vehicles. They don't get to make up their own rules, despite what many people "say/heard".

Apparently the California Supreme Court doesn't agree with you, as recently as December of last year:

People v. Schmitz (2012) __ Cal.4th __: On December 3, 2012, the California Supreme Court ruled that officers who are conducting a parole search of a vehicle based on based on the parole status of a passenger may search “those areas of the passenger compartment where the officer reasonably expects that the parolee could have stowed personal belongings or discarded items when aware of police activity.” In doing so, it rejected the defendant’s argument that such searches must be restricted to areas that are “immediately accessible” to the parolee. Thus, the court in Schmitz ruled that, because an officer was aware that the front seat passenger was on parole, he could lawfully search a pair of shoes and a bag of potato chips in the backseat area. Said the court, “[I]t was objectively reasonable for the officer to expect that this parolee could have stowed his personal property in the backseat, tossed items behind him, or reached back to place them in accessible areas upon encountering police.” The court declined to discuss whether the scope of such searches could include closed compartments in the vehicle, such as a glove box. We will provide a more detailed analysis later.

BigPimping
03-24-2013, 6:07 AM
Another vote for a deep hole.

Dutch3
03-24-2013, 7:16 AM
He can download this form to grant Power of Attorney to another person for the purpose of disposing of his firearms.

http://oag.ca.gov/sites/all/files/pdfs/firearms/forms/sb950frm1107.pdf

AnthonyD1978
03-24-2013, 9:07 AM
Assuming that they were registered handguns, what happens when they show up at the door and the guns have "magically disappeared"?

If that is something someone wanted to do they would just say, "I lost them". Our rights are inalienable and god given right? RIGHT?!