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Felons in "possession" of guns and misdemeanors

Fast 96 AspFast 96 Asp Member Posts: 8 ✭✭
First I'd like to say "Hi" to everyone because I'm new. [:D] I'll be posting frequently. Now my questions...

1) About 5 years ago my dad was convicted of a felony. Well since then he's been alcohol free for 5 years, blah blah blah good success story for another time. Well, I turned 18 last month and I went out and bought the first gun I've ever owned (I've grown up on guns my whole life and LOVE them). Am I allowed to keep this at my dad's house as long as its in my possesion? Meaning a lock on the gun, while the gun is in a locked cabninet that only I have a key to? The reason I ask is because I've been told I can as long as he has no access to the gun at all.

2) When I was 17 I was caught up in a situation and was charged for simple assault over a high school "fight" when the kid did not want to even press charges but had to once the police were involved. I went to court January 26th and the prosecuter (spelling?) let me off as long as I agreed to complete an anger management course (if you knew me you'd laugh). Am I allowed to have my gun in my possesion right now?

Thank You for your input [8D]

better to be judged by 12 than carried by 6

Comments

  • Fast 96 AspFast 96 Asp Member Posts: 8 ✭✭
    edited November -1
    I'd really appreciate an answer soon, as this is something I need to know by morning. Sorry and Thank you [:)]

    better to be judged by 12 than carried by 6
  • tr foxtr fox Member Posts: 13,856
    edited November -1
    since you are in a hurry I will try and give the best answer I can. I strongly believe that the court handling your case involving the fight would have informed you about whether or not you can have a gun in your possession or not. Your lawyer (I assume you had one) can find out for you, but be aware that if you or your lawyer bring it up the court just might decided at that moment that sure is a good idea about you not having your gun. So be careful how you bring it up.

    In regardss to your dad and his past conviction, a reasonable person would think that it is ok for you to store your gun at your dads house if it is securely locked up. And I do mean securely. Because if things go bad not only your dad had a chance of getting into trouble for being in unlawful "possession" of a gun, but the person (you) who created the situtation of your dad having access to the gun could also be charged. The safest bet would be to find some way to check with competent legal advice or just store the gun at another relatives house. I am not a lawyer but I read a lot and this is the best I can do for you. I agree that you and your dad having to worry about something like this is an unfair situation. If you are interested there has been a lot of discussion on this forum involving the fairness of this.

    Quote "When guns were invented everything changed. For the first time in the history of the world a frail woman had a chance to sucessfully defend herself and home. My dream is that one of the anti-gun nuts will need a gun for defense and be unable to have one because of their own actions."
  • HighballHighball Member Posts: 15,755
    edited November -1
    Better call a lawyer.
    The risk of going hunting tomorrow versus perhaps losing your rights forever..not worth it.

    And my understanding is that a 'felon' may not be around a gun..your dad might just go back to jail.

    Now..NONE of this is RIGHT OR JUST....
    Unfortunately,because the adult population of this country lack balls..this is the cards we play with today.
  • h4ckthish4ckthis Member Posts: 66 ✭✭
    edited November -1
    DISCLAIMER: I am NOT an attorney and the following is simply my opinion and has no legal bearing whatsoever:


    If you ever listen to G. Gordon Liddy (www.liddyshow.us/, he's always joking that the "guns belong to Mrs. Liddy".

    Mr. Liddy is a convicted felon (part of the Nixon/Watergate thing--look it up if you're interested), thus he's not allowed to "own" a firearm. But there are guns in his house apparently from his comments during his radio show.

    I would assume that so long as your dad didn't purchase (or attempt to purchase) a firearm, then it could not be proven that he "owns" a firearm.

    As for being "around" a gun, I'm not sure about that one. A co-worker of mine told me about a story he heard where a man was killed by a "mystery" bullet that came through his window. After some extensive forensics and ballistics works, the police determined the round came from the backyard of a lady who lived a couple of miles away. It seems this lady was "target" shooting at a 55 gallon drum out back o' the ole trailer, and a stray round ended up killing this guy.

    Her boyfriend, a convicted felon, was present at the time of the shooting. The cops couldn't prove he was the "shooter" but she was charged with negligent homicide, and he was charged with some sort of firearms violation that stemmed from the fact that he was a convicted felon.

    At least that's the story my co-worker told me.

    As far as your situation, from what you said it sounds like you were (a) never actually convicted of a felony and (b) this all happened when you were a juvenile. I'd say you're ok.

    You'd know for certain if the background check comes back "no sale"--but I'd rather know for sure beforehand.

    Best advice: Check with a lawyer.
  • Fast 96 AspFast 96 Asp Member Posts: 8 ✭✭
    edited November -1
    Thank You all very much. I agree 100% that I shouldn't ask the judge or prosecutor about it because they may turn it against me. The prosecutor was very reasonable. I'm sure I could always just keep it here anyways and no one would ever find out, but I've been trying to do the gun thing completely legal. I'm somewhat * about it. [:D]


    PS: It's nice to be on a site where you're not critisized (sp?) and flammed for asking simple questions.

    better to be judged by 12 than carried by 6
  • Fast 96 AspFast 96 Asp Member Posts: 8 ✭✭
    edited November -1
    Anymore input? I love this site, but man is it slow [:(]

    better to be judged by 12 than carried by 6
  • gunphreakgunphreak Member Posts: 1,791 ✭✭✭✭✭
    edited November -1
    Only advise... ask you attorney, never a judge. I'm sure we've all seen what certain Supreme Court Jesters have done to the law over the last couple years. Can't trust them.

    Death to Tyrants!!!
    Lev 26:14-39

    Remember how many seats were lost after AWB passage? Vae victis!
    Those who would offer any interpretation that would relegate Amendment II to "relic" status of a bygone era are blatantly stating that the remainder of the Bill of Rights isn't worth a damn, either.

    Luke 22:36.
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