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Dumb question about bail and firearms

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  • AJAX22
    I need a LIFE!!
    • May 2006
    • 14980

    Dumb question about bail and firearms

    What are the rights of an individual relased on bail? are they considered to be the same as a regular citizen since they are presumed inocent untill proven guilty? do they have their rights temporarily suspended? do they still have a rkba if the guns weren't taken as evidence? if they were taken, can someone lend the individual a firearm, or can they buy one (like a C&R ftf?)

    does a judge determine the specific status of the individual?

    I am compleatly ignorant of the workings of that aspect of the legal system
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  • #2
    Hoop
    Ready fo HILLARY!!
    • Apr 2007
    • 11534

    If you have pending charges, you may not purchase a firearm through a store. If it's a FTF C&R I'm not sure that you are supposed to, however I highly doubt lightning will strike you if you do it.

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    • #3
      AJAX22
      I need a LIFE!!
      • May 2006
      • 14980

      I was wondering about more than just the purchase, but the posession.

      say you get popped on some trumped up B.S. weapons charges and they take most of your guns. you go dig up one of the backups (or your friend lends you one) are you breaking the law by being in posession? is the guy who lent you the gun breaking the law?
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      • #4
        FortCourageArmory
        Senior Member
        • Apr 2007
        • 1001

        The only way that someone can lose their right to posses a firearm through criminal charges is in a court of law. Unless the terms of bail specifically stipulates "No possession of firearms" and/or "No purchase of new firearms", it should be status quo until a jury renders a verdict and sentence is passed. Basically, no felony CONVICTION = able to posses a firearm (assuming that the person in question was eligible to posses prior to that).
        sigpicNRA Life Member
        Tim & the gang
        Fort Courage Armory
        1518-B Los Angeles Avenue
        Simi Valley, CA 93065
        (805) 526-6563
        www.fortcouragearmory.com

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        • #5
          Piper
          Banned
          • May 2007
          • 1981

          Fort Courage! Wasn't that the home of "F" Troop?

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          • #6
            hoffmang
            I need a LIFE!!
            • Apr 2006
            • 18448

            Let me clarify. While you are being charged with a crime that is a felony or has a potential jail term that would exceed one year, you can not purchase a weapon. You also can't purchase a weapon if you have violated the terms of your bail as you would be a fugitive from justice.

            Take a look at the 4473 to see what I'm saying: http://www.atf.gov/forms/4473/index.htm

            You can continue to possess any arms you possess until and unless you are convicted of a disabling crime. There are some exceptions to this around domestic violence and restraining orders - but for other crimes that don't include you specifically chasing some one you can be out on bail and purchase a firearm.

            -Gene
            Gene Hoffman
            Chairman, California Gun Rights Foundation

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            Opinions posted in this account are my own and not the approved position of any organization.
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