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Linus
04-12-2008, 12:13 AM
What are the consequences for an ex-felon to illegally discharge an illegally possessed handgun while driving? I'm asking because a relative of mine is in this situation, which he wouldn't have been if I had gotten to him first, but I unfortunately had no idea this was going on till it happened. I'm not trying to find legal help or pity since situations like this affect law abiding citizens like ourselves. I'm just curious about the consequences.
Thanks
~Linus

5150Marcelo
04-12-2008, 12:16 AM
No such thing as an *ex-felon* not in Kali anyway! I have never heard of anybody getting a felony removed.

CSACANNONEER
04-12-2008, 12:28 AM
He did time, got out and then did a drive by? He knows what he did and what the consequences of his actions are better than you or I ever will (I hope). It sounds like he could be facing several more felony charges.

Linus
04-12-2008, 12:34 AM
No such thing as an *ex-felon* not in Kali anyway! I have never heard of anybody getting a felony removed.

Yeah, he had gotten a felony a few years ago sorry.

It wasn't exactly a drive-by, more like retarded road rage.

CSACANNONEER
04-12-2008, 12:42 AM
Yeah, he had gotten a felony a few years ago sorry.

It wasn't exactly a drive-by, more like retarded road rage.

Not exactly the kind of person that I want having a gun. He's in the 0.01% of people that give the rest of us gun owners a bad name. He only had a loaded gun with him for one reason and that was to break the law. He really needs to get some help. When he finally gets out, I hope that you'll be there to help him go straight.

mymonkeyman
04-12-2008, 1:03 AM
Dude he is so ****ed. Felon in possession is already a federal felony (serious prison time). You are adding in a guy who was committing several other crimes at the time, the sentencing enhancements are going to be painful. This is all depending on if the Feds prosecute. Considering that it wasn't a simple possession, they probably will. The state could also prosecute if it wants to get more time. Don't expect to see him for at least a few years.

FreedomIsNotFree
04-12-2008, 2:55 AM
This guy is going to the pen for a long time. Considering he is already a felon, there is a good chance he already has at least one strike against him. Couple that with these new charges and there is a strong likelihood he may be facing his third strike.

If it is the 3rd, he's looking at 25 to life. I believe he must do 85% of his time before he is even eligible for parole...thats mandatory. You may not see him free for a couple decades.

5150Marcelo
04-12-2008, 3:12 AM
Dude he is so ****ed. Felon in possession is already a federal felony (serious prison time). You are adding in a guy who was committing several other crimes at the time, the sentencing enhancements are going to be painful. This is all depending on if the Feds prosecute. Considering that it wasn't a simple possession, they probably will. The state could also prosecute if it wants to get more time. Don't expect to see him for at least a few years.

Not federal... they'll just send him up state. Trust me, if he hit a bank or was an illegal, then he may get sent federal. How many strikes? What ws he busted for before?

CSACANNONEER
04-12-2008, 7:26 AM
Not federal... they'll just send him up state. Trust me, if he hit a bank or was an illegal, then he may get sent federal. How many strikes? What ws he busted for before?

Or, if his road rage attack was targeting any one of the many qualifing federal employees such as a federal agent or a USPS employee. Maybe it happened in a place where federal jurisdiction would take president. Of course, it probably is just a state crime.

savageevo
04-12-2008, 8:24 AM
If I were you, I would stay a million miles away from him, If he did something stupid like that while you were in the car or just being by him and someone gets hurt or killed, you become an accomplice. Purely bad juice. staaaaaaaaaaaayyy away. far far away. Also just being associated with him could get you killed because if anybody has any bad feelings towards him and you are with him, you and your family will be in a crossfire.

c20rj
04-12-2008, 8:44 AM
Dosen't Road rage in california have its own set of penalties anyways??

mymonkeyman
04-12-2008, 8:52 AM
Or, if his road rage attack was targeting any one of the many qualifing federal employees such as a federal agent or a USPS employee. Maybe it happened in a place where federal jurisdiction would take president. Of course, it probably is just a state crime.

No, FIP is a federal offense by itself (it is also a state offense) 18 USC 922(d)(1). I just went to a lecture of current and former Assistant US Attorneys in the Bay Area. FIPs + drug trafficking dominate their caseloads. For quite a while they were supposed to prosecute 100% of FIP cases.

tyrist
04-12-2008, 9:47 AM
Another dirtbag going back to prison where he belongs.

5150Marcelo
04-12-2008, 10:06 AM
Another dirtbag going back to prison where he belongs.

No shiet, what a waste of tax money! Could be going towards our second amendment better!

bwiese
04-12-2008, 10:48 AM
Dude is toast, and is probably going where he belongs.

Felon-in-possession is just for starters.

berto
04-12-2008, 12:57 PM
Many local jurisdictions in CA want the feds to prosecute FIP cases because the feds don't mess around. Turning those cases over to the feds is a major tool to get people off the street and back to the pen. It's a large part, hell it may be the only part, of San Francisco's strategy dealing with gang-bangers as finding a felon in possession removes the need for any other charges.

whomper
04-12-2008, 1:07 PM
I know a gentleman who was cooperative AND still got 2 years. No other charges. It was a BS situation.

Fjold
04-12-2008, 2:09 PM
Linus,
Felon in possession
Anything from ADW to Attempted Murder
Adder for using a gun in the commission of a crime
Adder for firing a gun in the commission of a crime

He's probably looking at 25 to life

CCWFacts
04-12-2008, 3:12 PM
As everyone else has said, run away from this guy! Felon in possession is a state and federal felony. There must be a dozen more felony or misdemeanor charges, and "gun enhancers", both state and federal, that could be added to this. I assume he will be out of circulation for a long long time. This is the kind of guy who should not have access to guns, and if he needs to be kept behind bars to prevent that, then so be it.

FreedomIsNotFree
04-12-2008, 9:23 PM
If he does get charged by the Feds, he can kiss any hope of "good time" away. Federal sentences do not allow for time off for good behavior. If he gets 20...he does 20.

odesskiy
04-12-2008, 11:19 PM
I think it's safe to assume that road rage was the cause behind most of the recent freeway homicides. Given that I spend anywhere from one to two hours every day commuting on the freeways, I want a person that has previous felony and can discharge an ilegally-posessed gun because someone cut him/her off to be locked up FOREVER. I'm sorry that this is your family member, but I do hope they throw away the key.

CSACANNONEER
04-13-2008, 9:24 AM
No, FIP is a federal offense by itself (it is also a state offense) 18 USC 922(d)(1). I just went to a lecture of current and former Assistant US Attorneys in the Bay Area. FIPs + drug trafficking dominate their caseloads. For quite a while they were supposed to prosecute 100% of FIP cases.

Thanks for the info. I stand corrected.

jamesob
04-13-2008, 12:17 PM
once a felon , always a felon. he is screwed.

Linus
04-13-2008, 4:05 PM
Yup, just what I was thinking. Thanks guys.

CCWFacts
04-13-2008, 4:33 PM
once a felon , always a felon. he is screwed.

The "once a felon always a felon" is not true if it's a state-level felony. After several years of no trouble, a lawyer may be able to do things to get the court change the conviction to a misdemeanor, get it expunged, etc. If someone has a state-level felony, he commit himself to living without trouble and getting the record cleared eventually.

Federal-level felonies, I believe, can only be cleared with a presidential pardon, something which is possible but not easy.

The "he is screwed" part is certainly true in this guy's case, however.