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re: Law question about guns and a felony
Posted on 12/31/16 at 8:28 pm to Wild Thang
Posted on 12/31/16 at 8:28 pm to Wild Thang
quote:
Kind of how the discussion was that led to my question here. I said get your old lady to legally buy a gun so it is in the house. He said 'I would be put in jail' even if owned by the wife. ETA: Stand up dude. He isnt trying to avoid any charge. I'm the curious one on this That shite makes no sense to me.
That situation would be about 99% likely to turn into a felon in possession charge for him.
You could have a pistol with a clean ATF trace that goes from you as purchaser to a gun store to a manufacturer, sitting in the console of a car registered to you that you're currently driving, and he could potentially be charged with possession if he's riding in the car with you.
It's messed up on several levels IMO, one of which being that a felon's spouse, housemates, etc. are de facto deprived of a constitutional right by having a loved one with a felony record.
1
Posted on 12/31/16 at 8:31 pm to Huey Lewis
quote:
That situation would be about 99% likely to turn into a felon in possession charge for him.
You could have a pistol with a clean ATF trace that goes from you as purchaser to a gun store to a manufacturer, sitting in the console of a car registered to you that you're currently driving, and he could potentially be charged with possession if he's riding in the car with you.
It's messed up on several levels IMO, one of which being that a felon's spouse, housemates, etc. are de facto deprived of a constitutional right by having a loved one with a felony record.
Pretty much how he explained it minus the legal parts other than 'I can't be near someone with a gun'
How is that a law?
Posted on 12/31/16 at 8:39 pm to Wild Thang
quote:
I said get your old lady to legally buy a gun so it is in the house. He said 'I would be put in jail' even if owned by the wife.
You're moving the goal posts. Your OP said he couldn't be near a person who was legally carrying - which is likely false, depending on circumstances. This changes it to him living in a house with a gun, which he absolutely cannot do.
If the money for the purchase came from the felon, the ole lady might catch a felony charge too.
This post was edited on 12/31/16 at 8:43 pm
Posted on 12/31/16 at 8:43 pm to GaryMyMan
quote:
You're moving the goal posts.
I am not. That is how the convo started.
quote:
Your OP said he couldn't be near a person who was legally carrying - which is likely false, depending on circumstances.
Which he said later in the convo
quote:
This changes it to him living in a house with a gun, which he absolutely cannot do.
Part of it yes, but actually just overall. Which seems ridiculous hence my op
Posted on 12/31/16 at 8:46 pm to Wild Thang
I think after prison time and probation time are up folks should get their 2A and voting rights back. Maybe make probation time a little longer.
Posted on 12/31/16 at 8:48 pm to Wild Thang
"Constructive Possession" of the gun is the DA's best friend. It's a nebulous concept dependent on the facts and the jury's attitude towards guns and the defendant. There's no 15' rule, and this guy should really get an understanding of this law before he thinks he's safe with a gun 16' away. I get that it everyone is a lawyer but FFS why wouldn't a felon make sure he knows something like this?
quote:
§95.1. Possession of firearm or carrying concealed weapon by a person convicted of certain felonies A. It is unlawful for any person who has been convicted of a crime of violence as defined in R.S. 14:2(B) which is a felony or simple burglary, burglary of a pharmacy, burglary of an inhabited dwelling, unauthorized entry of an inhabited dwelling, felony illegal use of weapons or dangerous instrumentalities, manufacture or possession of a delayed action incendiary device, manufacture or possession of a bomb, or possession of a firearm while in the possession of or during the sale or distribution of a controlled dangerous substance, or any violation of the Uniform Controlled Dangerous Substances Law which is a felony, or any crime which is defined as a sex offense in R.S. 15:541, or any crime defined as an attempt to commit one of the above-enumerated offenses under the laws of this state, or who has been convicted under the laws of any other state or of the United States or of any foreign government or country of a crime which, if committed in this state, would be one of the above-enumerated crimes, to possess a firearm or carry a concealed weapon. B. Whoever is found guilty of violating the provisions of this Section shall be imprisoned at hard labor for not less than ten nor more than twenty years without the benefit of probation, parole, or suspension of sentence and be fined not less than one thousand dollars nor more than five thousand dollars. Notwithstanding the provisions of R.S. 14:27, whoever is found guilty of attempting to violate the provisions of this Section shall be imprisoned at hard labor for not more than seven and one-half years and fined not less than five hundred dollars nor more than two thousand five hundred dollars. C. The provisions of this Section prohibiting the possession of firearms and carrying concealed weapons by persons who have been convicted of certain felonies shall not apply to any person who has not been convicted of any felony for a period of ten years from the date of completion of sentence, probation, parole, or suspension of sentence. D. For the purposes of this Section, "firearm" means any pistol, revolver, rifle, shotgun, machine gun, submachine gun, black powder weapon, or assault rifle which is designed to fire or is capable of firing fixed cartridge ammunition or from which a shot or projectile is discharged by an explosive.
Posted on 12/31/16 at 8:48 pm to Wild Thang
I actually should start an OP on the Poliboard regarding federal law on felons I suppose. I never really cared about felon rights till I was told this by my co-worker.
Who in no way is some danger to society, but has lost rights beyond what seems ridiculous.
I was just curious about the law on this.
Who in no way is some danger to society, but has lost rights beyond what seems ridiculous.
I was just curious about the law on this.
Posted on 12/31/16 at 8:51 pm to Wild Thang
Sometimes she. It comes to a felon cops will arrest if a gun is any where near the person and then let a judge decide.
Posted on 12/31/16 at 8:55 pm to biglego
quote:
There's no 15' rule, and this guy should really get an understanding of this law before he thinks he's safe with a gun 16' away.
I think that may have been a stretch, but he for sure said can't even be in the same room with a gun.
Again, this all started because I have a legal gun in my ride that I showed to another co worker. And he freaked out and said he had to get out the area.
Posted on 12/31/16 at 8:56 pm to Wild Thang
There is a way for him to get his 2A rights back. It involves getting a letter from the Sheriff, and DA I believe. Don't remember the exact law or procedure for it but if a person does this and keeps it in their possession then they can legally posses a firearm.
Not sure if applies before -0 years or not. I'd have to look it up
Not sure if applies before -0 years or not. I'd have to look it up
Posted on 12/31/16 at 8:58 pm to Wild Thang
quote:
A guy I work with has a felony, so obviously he cant own a gun.
Actually not so obvious, the gun prohibition isn't for all felonies, only those violent felonies enumerated by law as well as being in possession of a gun with illegal drugs.
quote:The statute LRS 14:95.1 doesn't remotely suggest this would be a violation.
He tells me he can't be within 15' of a gun, even if on a legal carry person.
He may have a domestic abuse case where proximity to a firearm was a condition...
ETA: Gun rights can be restored 10 years after completion of sentence.
This post was edited on 12/31/16 at 9:01 pm
Posted on 12/31/16 at 9:00 pm to Wild Thang
quote:
if it wasn't a federal crime.
It may have been. What would that mean?
It would mean over-charging in the absence of suitable evidence to convict in order to coerce him into a plea.
Posted on 12/31/16 at 9:01 pm to FelicianaTigerfan
quote:
There is a way for him to get his 2A rights back. It involves getting a letter from the Sheriff, and DA I believe. Don't remember the exact law or procedure for it but if a person does this and keeps it in their possession then they can legally posses a firearm.
Not sure if applies before -0 years or not. I'd have to look it up
I'd like to know if you have the chance another day
Posted on 12/31/16 at 9:05 pm to Wild Thang
Maybe it's a figure of speech?
Like I wouldn't click on your thread again with a ten foot pole. Obviously I don't have a ten foot pole, just saying it to emphasize that I don't want to be anywhere near this thread.
Sounds like you work at a pretty nice place, hiring felons and all.
Like I wouldn't click on your thread again with a ten foot pole. Obviously I don't have a ten foot pole, just saying it to emphasize that I don't want to be anywhere near this thread.
Sounds like you work at a pretty nice place, hiring felons and all.
Posted on 12/31/16 at 9:07 pm to FelicianaTigerfan
quote:
There is a way for him to get his 2A rights back. It involves getting a letter from the Sheriff, and DA I believe. Don't remember the exact law or procedure for it but if a person does this and keeps it in their possession then they can legally posses a firearm.
Not sure if applies before -0 years or not. I'd have to look it up
Here's an article from Jim Boren about the 2A issue and restoration. He's a well regarded criminal defense attorney in BR.
LINK
Posted on 12/31/16 at 9:10 pm to Titus Pullo
quote:
Like I wouldn't click on your thread again with a ten foot pole. Obviously I don't have a ten foot pole, just saying it to emphasize that I don't want to be anywhere near this thread.
quote:
Sounds like you work at a pretty nice place, hiring felons and all.
I'm actually a conservative and think you sound ridiculous.
Posted on 12/31/16 at 9:11 pm to Sal Minella
quote:
Sal Minella
Thank you Sir! Enjoy the New Year
Posted on 12/31/16 at 9:12 pm to Wild Thang
quote:
Wild Thang
Posted on 12/31/16 at 9:14 pm to Sal Minella
Page 5 section 2 "Sheriff permit". I've known people to get it for hunting. May be able to get one allowing a firearm in the home
Posted on 12/31/16 at 9:17 pm to Wild Thang
You better back up from that. The First Offender Pardon for LA citizens changed in 2016. Feds up and decided it no longer applies and those folks are still subject to prosecution. Source = I am a federally licensed firearms dealer.
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