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felons and guns

taradec10taradec10 Member Posts: 12 ✭✭
My friend wants to take the the concealed weapon class with me but because her husband is a conficted felon, (I think it was a drug related charage many years ago)she does not think that she can have a gun in her house. I remember reading somewhere that as long as the gun was locked up and the felon did not have access to it or the keys, it would be ok. Does anyone know anything about this? Thanks for your advice.

Comments

  • FrancFFrancF Member Posts: 35,278 ✭✭✭
    edited November -1
    quote:she does not think that she can have a gun in her house.

    She is correct- He might be able to get his record expunged.
  • ruger41ruger41 Member Posts: 14,665 ✭✭✭✭
    edited November -1
    G. Gordon Liddy was a felon and had firearms in the house that were his wifes as he would say.
  • RockatanskyRockatansky Member Posts: 11,175
    edited November -1
    quote:Originally posted by FrancF
    quote:she does not think that she can have a gun in her house.

    She is correct- He might be able to get his record expunged.


    Is that a federal law or state level?
  • n/an/a Member Posts: 168,427
    edited November -1
    quote:Originally posted by FrancF
    quote:she does not think that she can have a gun in her house.

    She is correct- He might be able to get his record expunged.


    Pffft.

    Maybe in YOUR state, not mine.

    Felon's spouses may own arms.
  • taradec10taradec10 Member Posts: 12 ✭✭
    edited November -1
    checked and it was a federal thing. Only a presidential pardon would be able to restore his rights. Question is, the state is KY and can she have guns in her house as long as they are locked and out of his reach?
  • remingtonoaksremingtonoaks Member Posts: 26,245 ✭✭✭
    edited November -1
    Best thing is for her to find out the laws in her state.....If he can't have guns on the premises, He may be able to have his felony expunged..That is if they allow that in her state...And he has kept his nose clean long enough to do it.....

    But if I was her...The first place to ask would be the PD in her city...Then after that, if they say its o.k...To be sure I'd contact a lawyer....Police have some knowledge, but their not infallible
  • remingtonoaksremingtonoaks Member Posts: 26,245 ✭✭✭
    edited November -1
    quote:Originally posted by taradec10
    checked and it was a federal thing. Only a presidential pardon would be able to restore his rights. Question is, the state is KY and can she have guns in her house as long as they are locked and out of his reach?


    Again read my preceding post... We are not lawyers, and after 10 posts...You could an anti-gun advocate, and just trying to get ammo to post on an anti-gun forum... Not to say you are...But after just 10 posts, Your asking a pretty serious question...
  • FrancFFrancF Member Posts: 35,278 ✭✭✭
    edited November -1
    quote:Originally posted by freemind
    quote:Originally posted by FrancF
    quote:she does not think that she can have a gun in her house.

    She is correct- He might be able to get his record expunged.


    Pffft.

    Maybe in YOUR state, not mine.

    Felon's spouses may own arms.


    Under the same roof it would still be considered possession, You would have to prove it's not yours. I ain't a lawyer, but will say your asking for trouble.

    Just like having drugs in a car that's not yours. Its still possession. As they say, Possession is 9/10ths of the law.
  • allen griggsallen griggs Member Posts: 35,612 ✭✭✭✭
    edited November -1
    You are right, as a federal crime, he will never have his gun rights restored.
    And, a gun setting in a drawer by the bed could be considered to be in his possession, as much as her's, therefore, illegal.

    G. Gordon Liddy, as someone else alluded to, has federal felony convictions.
    He said repeatedly on his show that while he had no guns, "Mrs. Liddy has quite a collection."
    Mrs. Liddy had a gun safe that she kept the guns in, and Mr. Liddy did not know the combination.

    It would be legal for your friend's husband to have muzzleloaders.
    A cap and ball pistol is a sensible household defense weapon. Takes some practice to get it to fire reliably, but, these guns were proven in the Civil War to be real man-killers.
    You only get five shots, but, you should be able to get the job done by the fifth shot.


    Or, a double barrel muzzleloading shotgun would get the job done.
  • n/an/a Member Posts: 168,427
    edited November -1
    quote:Originally posted by FrancF
    quote:Originally posted by freemind
    quote:Originally posted by FrancF
    quote:she does not think that she can have a gun in her house.

    She is correct- He might be able to get his record expunged.


    Pffft.

    Maybe in YOUR state, not mine.

    Felon's spouses may own arms.


    Under the same roof it would still be considered possession, You would have to prove it's not yours. I ain't a lawyer, but will say your asking for trouble.

    Just like having drugs in a car that's not yours. Its still possession. As they say, Possession is 9/10ths of the law.


    I know better, so don't be blowing SMOKE up my butt.

    The ONLY was that it COULD be possesion, is IF the owner left the gun unattended and unlocked. Keeping arms in your safe or on your person does NOT mean possesion by spouse.
  • taradec10taradec10 Member Posts: 12 ✭✭
    edited November -1
    wow...I just thought someone on here would know the answer to what I thought was a reasonable question. I didn't think that I would offend anyone. Sorry if I did! I personally bought MY husband an AK47 for his birthday so I really don't think that I am an anti-gun advocate looking to get "ammo" for anything. I can't wait to vote for Mccain and I think Peylin is the next best thing to Ronald Regan. Everyone, have a nice day.
  • FrancFFrancF Member Posts: 35,278 ✭✭✭
    edited November -1
    quote:Originally posted by taradec10
    wow...I just thought someone on here would know the answer to what I thought was a reasonable question. I didn't think that I would offend anyone. Sorry if I did! I personally bought MY husband an AK47 for his birthday so I really don't think that I am an anti-gun advocate looking to get "ammo" for anything. I can't wait to vote for Mccain and I think Peylin is the next best thing to Ronald Regan. Everyone, have a nice day.


    No anti-gun here, Your question is a good one! It's in that "Gray Zone"
    that we love to argue over[:D].
  • 11b6r11b6r Member Posts: 16,584 ✭✭✭
    edited November -1
    1. If the felon does not have access to the gun, it is not a violation of Fed law. Stored under lock when not in close possession.
    2. Ref: Muzzleloader being legal for a felon- under Fed law, you are correct. However, state law trumps Fed- and in several states, a felon may NOT possess a muzzleloader.
  • remingtonoaksremingtonoaks Member Posts: 26,245 ✭✭✭
    edited November -1
    quote:Originally posted by FrancF
    quote:Originally posted by taradec10
    wow...I just thought someone on here would know the answer to what I thought was a reasonable question. I didn't think that I would offend anyone. Sorry if I did! I personally bought MY husband an AK47 for his birthday so I really don't think that I am an anti-gun advocate looking to get "ammo" for anything. I can't wait to vote for Mccain and I think Peylin is the next best thing to Ronald Regan. Everyone, have a nice day.


    No anti-gun here, Your question is a good one! It's in that "Gray Zone"
    that we love to argue over[:D].


    That's what we live for..A good debate over gray areas..Gets our minds a thinking and our hearts a pumping...And when it's all said and done, someone will post a link to the answer and we all learn something new...Or confirm what we already knew[:D][:D]
  • trapguy2007trapguy2007 Member Posts: 8,959
    edited November -1
    What did the spouse do to become a second -class citizen ?
  • RockatanskyRockatansky Member Posts: 11,175
    edited November -1
    quote:Originally posted by trapguy2007
    What did the spouse do to become a second -class citizen ?


    He was asking too many questions. [}:)]
  • taradec10taradec10 Member Posts: 12 ✭✭
    edited November -1
    Again, it was over 10 years ago and I think it had something to do with drugs. I did not know them at that time and I didn't really want to ask a lot of questions. When this thing came up about her wanting to do the conceal weapon classes with me, she was just concerned about her owning a gun being married to him.
  • trapguy2007trapguy2007 Member Posts: 8,959
    edited November -1
    quote:Originally posted by Rockatansky
    quote:Originally posted by trapguy2007
    What did the spouse do to become a second -class citizen ?


    He was asking too many questions. [}:)]

    That can get you in trouble !
  • givettegivette Member Posts: 10,886
    edited November -1
    Wow..a real gray area. What if the spouse (the clean one) owns the residence? Is she allowed to bring a firearm into her house? We need to find out case-law, if there's such on the books. Joe
  • FrancFFrancF Member Posts: 35,278 ✭✭✭
    edited November -1
    Would you like this moved to the gun rights board?
  • carrie2carrie2 Member Posts: 1,254 ✭✭✭
    edited November -1
    Possibily the instructor knows the answer, or can give you info to help. Also the local sheriff's office might be of some help.
    Kentucky born and raised!
  • FrancFFrancF Member Posts: 35,278 ✭✭✭
    edited November -1
  • pickenuppickenup Member Posts: 22,844 ✭✭✭✭
    edited November -1
    taradec10,

    Actually this question has been asked quite often. And most of the time, it is a new person doing the asking. Pay no attention to the man behind the curtain. [;)][:D]

    Because it comes up often enough, a few years ago, I emailed the BATF on this. You are correct in your first post. The reply I received from the BATF is posted below. Keep in mind that this only cover FEDERAL law. Local laws can, and may be more strict.

    Welcome to the forum.

    quote:Thank you for your inquiry to the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF). We apologize for our delay in responding. For information on prohibited persons of firearms or ammunition, go to the Gun Control Act, 18 U.S.C., Chapter 44, Section 922(g). Additionally, 18 U.S.C., Chapter 44, Section 922(d)) it is unlawful for any person to sell or otherwise dispose of any firearm or ammunition to a person who is known by that person to be prohibited. Therefore, the firearms or ammunition should not be accessible in any way to the prohibited person, no matter what relation is held. It is suggested that the firearms not be stored in the same house or domicile of the prohibited person, and would include preventing the prohibited person access to any keys associated with the storage or operation of the firearms or ammunition.
  • 45long45long Member Posts: 642 ✭✭✭✭
    edited November -1
    Pickenup,,, Good post with the BATF reply. However, the BATF tends to mis use and misinterpret their own reg's with regularity. The guy who is being charged with possession of a fully automatic rifle after it malfunctioned once on the range. Then through smoke and mirrors plus faulty low grade ammo and a lot of tinkering got it to do it again. Just one example of their motives and mindset. They raided a gun store near me and stole the lowers that were there, (in Ca.), and forced the owner to go to court. The store won but they still lost the lowers because they had allready been destroyed. All through a misinterpretation of the own regulations. All legal, all costly to the inocent owners.

    HI. WERE FROM THE GOVERNMENT. WERE HERE TO HELP.
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