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Felony DUI / Gun ownership question.

fishkiller41fishkiller41 Member Posts: 50,608
How long after getting a felony DUI can a person own or buy firearms??
Thanks
Jeff

Comments

  • HighballHighball Member Posts: 15,755
    edited November -1
    Some of the Philadelphia lawyers on here will dig out the answer...but my impression is....any felony precludes your EVER owning a firearm...period.
  • codenamepaulcodenamepaul Member Posts: 2,931
    edited November -1
    I think you may be right.
  • KYfatboyKYfatboy Member Posts: 859 ✭✭✭✭
    edited November -1
    Some states allow it, you do have to have your rights restored first.
  • pickenuppickenup Member Posts: 22,844 ✭✭✭✭
    edited November -1
    As soon as a person is convicted of, not only a felony (read below) their rights are gone.

    From the BATF website.
    quote:(B5) Are there certain persons who cannot legally receive or possess firearms and/or ammunition?

    Yes, a person who -

    (1) Has been convicted in any court of, a crime punishable by imprisonment for a term exceeding 1 year.
  • 11b6r11b6r Member Posts: 16,588 ✭✭✭
    edited November -1
    Not a lawyer- Mom and Dad were married to each other- BUT- the Federal Law shown above does not permit a CONVICTED FELON to possess a modern firearm or ammunition. Some states will do a restoration of rights after all time is served, parole completed, etc- but that DOES NOT restore right to possess- Person would have to apply to the BATF for "Relief of disability". And frankly, they don't seem to be granting any. PS. You DO realize that Teddy Kennedy is a CONVICTED FELON ?
  • tr foxtr fox Member Posts: 13,856
    edited November -1
    quote:Originally posted by pickenup
    As soon as a person is convicted of, not only a felony (read below) their rights are gone.

    From the BATF website.
    quote:(B5) Are there certain persons who cannot legally receive or possess firearms and/or ammunition?

    Yes, a person who -

    (1) Has been convicted in any court of, a crime punishable by imprisonment for a term exceeding 1 year.


    The above is much more of a danger to each and every gun owner, on this forum as well as others, than most of you realize. Say you stop by your local convenience story to go in and make a quick purchase and you leave your wife or girfriend outside in your car. Say a group of rowdy young people park next to your car and while getting out of their car accidently but carelessly bump your car with their door. Say your wife or girfriend rolls down the car window and complains to the group about the careless impact on your car. Say the groups responds with slurs, insults and agression. Say you return just at that moment and see what is happening to your wife or girlfriend and verbally jump in and get loud and agressive. Say one of the group jumps you and it is on. Nothing serious, but maybe rolling around in the parking lot and a few weak punches tossed. Police arrive and interview all parties. Only you and your wife are witnesses to tell your side. The other group has four people to tell their side. Probably both you and the one you wrestled with are either going to get arrested, booked and bailed out with a court date coming. Or at the very least both of you will be given a summons to appear in court.

    Now with what I just described, it is doubtful either of you will spend any serious jail/prision time but it is possible that you both would be found guilty of some crime that whereas the judge COULD sentence you to more than one year. Even though you will probably get probation, or maybe just pay a fine, the fact that you were CONVICTED of a crime which carried a possible jail term of more than one year is enough to trigger the BATFE rule/law? about not being able to own firearms ever again.

    This is unfair, unreasonable and just plain wrong for this strict a punishment of losing your gun rights forever. But since we gun owners are easy targets in regards to being harrassed by the government, they can get away with it.

    If anyone has thought about joining one of the national pro-gun rights groups, but were too cheap to part with the measly $20-35 dollars, think about what I posted above.
  • pickenuppickenup Member Posts: 22,844 ✭✭✭✭
    edited November -1
    Here are a couple more from the BATF site which could be considered relevant.


    quote:(A10) Q. How can a person convicted of a felony apply for relief from firearms disabilities?

    A. Under the provisions of the Gun Control Act of 1968 (GCA), convicted felons and certain other persons are prohibited from possessing firearms. (See 18 U.S.C. section 922(g).) The GCA provides the Secretary of the Treasury with the authority to grant relief from this disability where the Secretary determines that the person is not likely to act in a manner dangerous to the public safety. (See 18 U.S.C. section 925(c).) The Secretary delegated this authority to ATF.

    Since October 1992, however, ATF's annual appropriation has continuously prohibited the expending of any funds to investigate or act upon applications for relief from Federal firearms disabilities. This restriction is located in Pub. L. No. 107-67, 115 Stat. 514, which contains ATF appropriations for fiscal year 2002. As long as this provision is included in current ATF appropriations, the Bureau cannot act upon applications for relief from Federal firearms disabilities submitted by individuals. Consequently, we cannot entertain any individual's request for firearms restoration while this prohibition on the processing of such applications remains in place.

    Furthermore, the restriction contained in Pub. L. No. 107-67 does not change the status of prohibited persons. They are still prohibited from possessing, receiving, transporting, or shipping firearms under Federal law.

    (A11) Q. Are there any alternatives for relief from firearms disabilities?

    A. Current alternatives as follows:

    Persons convicted of a Federal offense may apply for a Presidential pardon. Sections 1.1 through 1.10 of the Code of Federal Regulations, Title 28, specify the rules governing petitions for obtaining Presidential pardons. You may contact the Pardon Attorney's Office at the U.S. Department of Justice, 500 First Street, NW., Washington, DC 20530, to inquire about the procedures for obtaining a Presidential pardon.

    Persons convicted of a State offense may contact the State Attorney General's Office within the State in which they reside for information concerning any alternatives that may be available.
    I believe the following would hold true if convicted of ANY crime outlined in my previous post.


    quote:(Q14) What should an individual do if he or she has been convicted of a misdemeanor crime of domestic violence?

    Individuals subject to this disability should immediately dispose of their firearms and ammunition. ATF recommends that such persons transfer their firearms and ammunition to a third party who may lawfully receive and possess them, such as their attorney, a local police agency, or a Federal firearms dealer. The continued possession of firearms and ammunition by persons under this disability is a violation of law and may subject the possessor to criminal penalties. In addition, such firearms and ammunition are subject to seizure and forfeiture. [18 U. S. C. 922( g)( 9) and 924( d)( 1), 27 CFR 178.152]
  • tr foxtr fox Member Posts: 13,856
    edited November -1
    quote:Originally posted by pickenup
    Here are a couple more from the BATF site which could be considered relevant.


    quote:(A10) Q. How can a person convicted of a felony apply for relief from firearms disabilities?

    A. Under the provisions of the Gun Control Act of 1968 (GCA), convicted felons and certain other persons are prohibited from possessing firearms. (See 18 U.S.C. section 922(g).) The GCA provides the Secretary of the Treasury with the authority to grant relief from this disability where the Secretary determines that the person is not likely to act in a manner dangerous to the public safety. (See 18 U.S.C. section 925(c).) The Secretary delegated this authority to ATF.

    Since October 1992, however, ATF's annual appropriation has continuously prohibited the expending of any funds to investigate or act upon applications for relief from Federal firearms disabilities. This restriction is located in Pub. L. No. 107-67, 115 Stat. 514, which contains ATF appropriations for fiscal year 2002. As long as this provision is included in current ATF appropriations, the Bureau cannot act upon applications for relief from Federal firearms disabilities submitted by individuals. Consequently, we cannot entertain any individual's request for firearms restoration while this prohibition on the processing of such applications remains in place.

    Furthermore, the restriction contained in Pub. L. No. 107-67 does not change the status of prohibited persons. They are still prohibited from possessing, receiving, transporting, or shipping firearms under Federal law.

    (A11) Q. Are there any alternatives for relief from firearms disabilities?

    A. Current alternatives as follows:

    Persons convicted of a Federal offense may apply for a Presidential pardon. Sections 1.1 through 1.10 of the Code of Federal Regulations, Title 28, specify the rules governing petitions for obtaining Presidential pardons. You may contact the Pardon Attorney's Office at the U.S. Department of Justice, 500 First Street, NW., Washington, DC 20530, to inquire about the procedures for obtaining a Presidential pardon.

    Persons convicted of a State offense may contact the State Attorney General's Office within the State in which they reside for information concerning any alternatives that may be available.
    I believe the following would hold true if convicted of ANY crime outlined in my previous post.


    quote:(Q14) What should an individual do if he or she has been convicted of a misdemeanor crime of domestic violence?

    Individuals subject to this disability should immediately dispose of their firearms and ammunition. ATF recommends that such persons transfer their firearms and ammunition to a third party who may lawfully receive and possess them, such as their attorney, a local police agency, or a Federal firearms dealer. The continued possession of firearms and ammunition by persons under this disability is a violation of law and may subject the possessor to criminal penalties. In addition, such firearms and ammunition are subject to seizure and forfeiture. [18 U. S. C. 922( g)( 9) and 924( d)( 1), 27 CFR 178.152]


    I might add that thanks to Clinton and his anti-gun friends, who made this particular law, they made it RETROACTIVE! So when the law went into effect it deprived citizens who had been convicted of crimes of domestic violence (regardless of how minor) even before the law went into effect, were deprived of their gun rights. When in the history of the USA have you EVER known of a new law that punished people for an often minor infraction, and punished them for "crimes" committed BEFORE the law was even enacted?

    That would be like the police coming to your house to give you a speeding ticket for speeding down your own street last week by going 45 in a 25 mph zone. And you protest because that speed limit until yesterday WAS 45 mph and when you were doing 45 mph last week that was not against the law yet. And the police agree but still give you the ticket. I myself don't know of ANY retroactive punishment in the history of the USA. I thought such things only happened in third world countries.
  • HighballHighball Member Posts: 15,755
    edited November -1
    quote:I myself don't know of ANY retroactive punishment in the history of the USA. I thought such things only happened in third world countries.
    Begin to get the drift ?
  • codenamepaulcodenamepaul Member Posts: 2,931
    edited November -1
    TR-unfortunately I don't see where the NRA specifically would have done anything about this as they advocate this very thing. GOA, maybe. Don't see where any of the is hell bent on getting rights for criminals restored.
  • tr foxtr fox Member Posts: 13,856
    edited November -1
    quote:Originally posted by codenamepaul
    TR-unfortunately I don't see where the NRA specifically would have done anything about this as they advocate this very thing. GOA, maybe. Don't see where any of the is hell bent on getting rights for criminals restored.


    Any pro-gun rights organization cannot touch the subject of getting non-violent felons gun rights restored. The subject is just to radioactive for any gun organization to even touch without that organization suffering severe damage to it on a political basis.

    Maybe in the future if gun rights become more accepted by the average citizens or if we get more gun owners to joing in fighting for guns rights that subject can be addressed and hopefuly corrected. But not now.
  • warriorsfanwarriorsfan Member Posts: 1,061 ✭✭✭✭✭
    edited November -1
    quote:Originally posted by tr fox
    quote:Originally posted by pickenup
    As soon as a person is convicted of, not only a felony (read below) their rights are gone.

    From the BATF website.
    quote:(B5) Are there certain persons who cannot legally receive or possess firearms and/or ammunition?

    Yes, a person who -

    (1) Has been convicted in any court of, a crime punishable by imprisonment for a term exceeding 1 year.


    The above is much more of a danger to each and every gun owner, on this forum as well as others, than most of you realize. Say you stop by your local convenience story to go in and make a quick purchase and you leave your wife or girfriend outside in your car. Say a group of rowdy young people park next to your car and while getting out of their car accidently but carelessly bump your car with their door. Say your wife or girfriend rolls down the car window and complains to the group about the careless impact on your car. Say the groups responds with slurs, insults and agression. Say you return just at that moment and see what is happening to your wife or girlfriend and verbally jump in and get loud and agressive. Say one of the group jumps you and it is on. Nothing serious, but maybe rolling around in the parking lot and a few weak punches tossed. Police arrive and interview all parties. Only you and your wife are witnesses to tell your side. The other group has four people to tell their side. Probably both you and the one you wrestled with are either going to get arrested, booked and bailed out with a court date coming. Or at the very least both of you will be given a summons to appear in court.


    The only law I am familiar with is Michigan state law, but here in Michigan at least the situation you described would be considered "Assault and Battery." It is a simple misdemeanor punishable by no more than 93 days in jail. You would not lose any rights, let alone the right to own firearms, for fighting with some guys in a parking lot (provided that you do not use a weapon and nobody is seriously hurt). At least, that is the case in Michigan.
  • tr foxtr fox Member Posts: 13,856
    edited November -1
    Oh, I am sure you are right and my example was not exact. In fact it probably is a little, but not all that much, harder to lose your gun rights. I think is some states/cities it is pretty easy to get into serious trouble with the law. Thanks for calling my attention to that.

    I just wanted to stress that, contrary to what many people think, it is actually pretty easy, in the right circumstances, to get into what you might think as minor trouble but have it be enough trouble that you would lose your gun rights. In other words, to lose your gun rights you don't have to go out and committ some violent crime, rob a bank, do a holdup of a citizen, etc. It can be something that on the surface looks pretty minor.

    For the justice system to be fair, honest and predictable (isn't that what we all want out of it?) then ALL the possible punishments attached to any particular crime should be cleary stated to the public. I DO NOT think it is fair to arrest, try and convict someone, set their punishment and after it is all said and done (and maybe the convicted person has already served their punishment) to say "Oh, yeah there is one more bit of punishment for you involving this crime. You also lose your gunrights for life".
  • fishkiller41fishkiller41 Member Posts: 50,608
    edited November -1
    I agree with you TR. But it looks like i'm SCREWED ..[V][:(]. What about the guns in my home that belong to my wife,what about the black-powder/non-modern firearms?
  • HighballHighball Member Posts: 15,755
    edited November -1
    Welcome to Amerika.

    Witness the end of the grandest experiment in human social interaction EVER introduced...by our Founders. The end is here because we are cowards.

    We are fearful of even doing what a million illegals did Saturday..demonstrating in the street.

    The seed of the Caucasion race is run out..tired and fearful, a warped, twisted out of shape caricture of those giants of men....the men who fought for Independence....
  • 11b6r11b6r Member Posts: 16,588 ✭✭✭
    edited November -1
    Fishkiller- the guns that belong to your wife- a real good question- without any solid answer. IF you have a FELONY conviction, you may not "possess" a firearm- that would include having the keys to the storage. Ref: Muzzleloader- under FEDERAL law, they are not firearms- unless you have one convertible to a modern cartridge arm. No 209 primer types- felons may not possess ammo- including primers- but CAN possess back powder, #11 caps, etc. Big HOWEVER goes in here- SOME states do not make an exception for convicted felons + muzzleloaders- you need to check your state laws- you can probably do that on line. Depending on how long ago, your total record, completion of sentence, etc, you MAY be able to talk with your state attorney general/ Governor, and apply for a pardon. If you are pardoned by the Governor of the state in which you were convicted, it has the effect of removing the conviction. But bro- I am not an attorney- just a shooter and collector- DO talk to a real attorney about this- it can carry serious jail time if you screw up. Be careful.
  • tr foxtr fox Member Posts: 13,856
    edited November -1
    I also am just an aveage person and can only urge you to seek knowledgeable help and good luck to you.
  • pickenuppickenup Member Posts: 22,844 ✭✭✭✭
    edited November -1
    quote:Originally posted by fishkiller41
    I agree with you TR. But it looks like i'm SCREWED ..[V][:(]. What about the guns in my home that belong to my wife,what about the black-powder/non-modern firearms?
    About the question highlighted above, that exact question has come up quite a few times. So I emailed the BATF about it, and this is their reply. (I know guys, another quote, sorry)
    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.
    11b6r is correct, muzzle loaders are not considered to be firearms by the JBT's. Do check your local laws.
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