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2nd Amend. Litigation Updates & Legal Discussion Discuss California 2A related litigation and legal topics here. All advice given is NOT legal counsel.

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  #1  
Old 09-10-2013, 7:42 AM
srk3006 srk3006 is offline
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Default felon with firearms ?

my hunting buddy was convicted of a felony 40 yrs ago for i believe conspiracy to defraud, served a short jail sentence and has been an upstanding citizen since. we have been hunting buddys' and shot competitively together for 35 yrs. here's the deal, this week my friend was visited by 2 agents of ATF, who were asking questions about a ar15 auto sear my friend purchased in 1993, wanting to know if he still had it. he explained he did not that it did'nt work etc. they said 6 had been sold in the oc area and they were trying to find them. does this sound normal, or could they be trying to set him up for a search warrant to see if he has firearms? his wife has quite a few by the way. does the law making it illeagal for a felon to be in the jhouse with a gun go back 40 yrs? any info would help, he is kinda freaked out. he is also 72 yrs old now, if that matters.
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Old 09-10-2013, 8:39 AM
jrock jrock is offline
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40 years ago for non violent charge...
Maybe try expungement. Ie, reopen the case, turn it into misdemeanor, then expunge.
I had a cousin that did this to get into military.
Not sure on new law though.
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Old 09-10-2013, 1:38 PM
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Librarian Librarian is offline
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Quote:
does the law making it illegal for a felon to be in the house with a gun
No such law in that form.

The issue is whether the felon has access to guns, gun parts, ammunition or components.

If all of that kind of thing is locked up and the felon has no access - and the handling is very careful to maintain that - then is is legal to have those things in the same house as a felon.

Whether it is wise is an entirely different discussion.
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Old 09-10-2013, 5:29 PM
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Mssr. Eleganté Mssr. Eleganté is offline
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When you go hunting and competitive shooting together, make sure that he doesn't touch or have access to any firearms or ammunition.
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Old 09-10-2013, 6:34 PM
Jess B. Guy Jess B. Guy is offline
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72 years old or not - if he has access to any firearms or ammo, and IF he is a convicted felon, he can lose his guns. He needs to find out (or have an attorney find out) exactly what his conviction says. Meantime, as Librarian says, secure all ammo and firearms so he cannot have access to them. I recently secured a dismissal of an old felony on a 70ish guy who had been hunting for years and didn't know he was still a felon. There is no expungement in California, but most felonies can be reduced to a misdemeanor (PC 17), then dismissed.
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