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G'day all,

 

Just out of interest I was watching a US TV show and they were saying that once someone has a felony conviction they are excluded from owning a firearm for life. Even if you were 18 when you got it and your now 88 and never done anything wrong since your still considered a felon.

 

Is that information correct?

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2 minutes ago, Lever Jim said:

G'day all,

 

Just out of interest I was watching a US TV show and they were saying that once someone has a felony conviction they are excluded from owning a firearm for life. Even if you were 18 when you got it and your now 88 and never done anything wrong since your still considered a felon.

 

Is that information correct?

I believe that is correct.

I believe some cases can be exsponged...

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I'm not a lawyer and I didn't play one on tv.  I have stayed at Holiday Inn Express but don't think that will help.  I do know in the dairy state there are different classes of felonies.  I think the minor ones (yeah right, minor) that these will not exclude you from possession of a firearm.  For example, if you are guilty of speeding, more than 20 MPH over, it is considered a felony.  I don't think that qualifies.  Check with your lawyer before trying.

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You can sometimes get it expunged. There’s different levels. First degree felony, 2nd 3rd 4th. Depends on what they did! 

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There are two types of crime classifications.  Felony and misdemeanor.  The felony is anything punishable by imprisonment in excess of a year.  Burglary, Robbery, Murder, high value thefts etc.  Misdemeanors are everything else.  Speeding is certainly a misdemeanor in every state.  

 

If you are convicted of a felony, you lose your firearms rights for life.  The only way to have your firearm rights restored is to have the felony conviction removed from your record.  There are several ways this can be done, pardon by governor or president, judge rules that you were wrongly convicted and orders the felony record removed.  

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Sort of. Unless you have had a restoration of your rights. For example a Presidential pardon. A reason to be concerned about convicted felons being given the right to vote. It imparts a restoration of rights. 

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26 minutes ago, Badlands Bob #61228 said:

 Speeding is certainly a misdemeanor in every state.  

 

No.   In some states, but in many it is only a violation or infraction unless excessive like 25 over the limit.

 

 

 

Edited by Marshal Mo Hare, SASS #45984
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34 minutes ago, Muley Gil SASS # 57795 said:

Misdemeanor domestic violence convictions are also a cause of denial on a 4473.

Yes!

 

I was talking with a gun shop owner. He said he had a purchase rejected because of domestic violence.  The guy had had a fight with his male roommate in California.  In New Hampshire that would have been domestic violence but in CA it was only domestic violence if he was gay. The buyer had his brother copy pages from the CA law books and send to NH state police, then he was allowed to buy a gun.

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1 hour ago, Sarge said:

Sort of. Unless you have had a restoration of your rights. For example a Presidential pardon. A reason to be concerned about convicted felons being given the right to vote. It imparts a restoration of rights. 

Does it have to be presidential?  I thought the governor could do it.

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In Oregon, some first offenders can file for an "order setting aside conviction" one year after successfully completing any probation period.
That also seals any arrest records and/or court proceedings.

 

State bankruptcy rules also allow keeping one long gun and one handgun (combined value no more than $1000).
I know one individual who had his right to possess firearms restored (after a firearm-related felony conviction) by invoking that statute.  

 

EDIT: This was late 70's - early 80's...laws/procedures may have changed since then. :ph34r:

 

 

Edited by PaleWolf Brunelle, #2495L
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What happens to all the guns you already own?  What about guns owned by other members of the same household?  Would a cap & ball pistol be considered a firearm?  Would a cap & ball pistol with a conversion cylinder be a firearm? 

Edited by Warden Callaway
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47 minutes ago, Marshal Mo Hare, SASS #45984 said:

Was Gordon Liddy the guy who had a radio show?  Talked bout his wife’s guns?

 

 

"I always use the heaviest bullet I can!"

 

"No, I cannot own firearms.  But my wife has a terrific collection!"

 

He passed away last March.  

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6 hours ago, sassnetguy50 said:

Does it have to be presidential?  I thought the governor could do it.

In Ohio the Governor can expunge a felony. Many other states are the same if not all of them.

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9 hours ago, Kid Rich said:

Just like diapers for old folks. Depends.

You can be pardoned. The nature of the felony is considered.

kR

Just being pardoned don't get the job done.  for your rights to be returned, your record has to  be expunged, and that takes a separate act by a legislative or executive (depending on the jurisdiction) office.  

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43 minutes ago, Marshal Mo Hare, SASS #45984 said:

If the conviction was in state court.

Correct, a federal felony is a different animal.

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I have first-hand knowledge of two cases where felonies were expunged in some manner.
Both individuals now own firearms.

Justice does indeed cost money.
If you ain't got the money... you ain't gonna get any justice.

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10 hours ago, Warden Callaway said:

What happens to all the guns you already own?  What about guns owned by other members of the same household?  Would a cap & ball pistol be considered a firearm?  Would a cap & ball pistol with a conversion cylinder be a firearm? 

 

1 - You must dispose of them in some manner.  Sell them, gift them to you kids, cousins or wife.

2 - They aren't your property.  No problem*.  * They may have to be locked up so you do not have access to them.  Don't get caught with one on your belt or in your hand or you are in possession of a firearm.  Makes no difference who it belongs to.

3 - Muzzle loaders are not considered "firearms" in some states.  In MO a muzzle loader is not a firearm.  I believe in CA a muzzle loader is a firearm.

3A - Once it becomes a cartridge using firearm it is a no-go for felons.  

 

A felon (in MO) can still hunt with a rifle, pistol or shotgun as long as he uses a muzzle loader.

 

 

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20 hours ago, sassnetguy50 said:

Does it have to be presidential?  I thought the governor could do it.

What Marshall Mo Hare said b

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Chiming in, absolutely correct.

 

And a felony  under the law does not need the name of a "felony", it is any crime for which one could get a sentence of a year or more. So a state may define something as a misdemeanor but have a maximum penalty of a year and a day in jail. Most states make that time limit part of "felony" but a few have misdemeanors with longer penalties.

 

So someone who gets a six month sentence but could have been sentenced to a year is disqualified.

 

In the USA, there is one misdemeanor which eliminates gun rights, that being domestic violence. Many here think the solution to this quandary is to make the crime a felony... And others are rightly fearful of the creeping felony line. Every year, more crimes are felonies (but this also goes along with being "tough on crime").

 

Which then leads to arguments of which crimes should be felonies. Well, domestic violence does seem to reach some threshold and resonate with a lot of citizens here!

 

Besides owning a firearm, there can be additional restrictions on carrying them here. Most states do have some form of carry allowance (permit or license if not "constitutional" carry). Less than a handful make that allowance virtually theoretical, with a SCOTUS opinion on the horizon.

 

Certainly, no felons or anyone else prohibited by federal law can get a carry permit. But here in Tennessee, there are some additional restrictions on carry. For instance, if you have had two DUIs in 10 years, with one of them in the last 5 years, you can not get a carry permit. Tennessee has a long history with problematic alcohol use.

 

If you are still under the jurisdiction of the court for a DUI or any other crime, you can not get a carry permit.

 

If you are arrested for drugs and accept court diversion (counseling rather than jail), you will need to enter a program and fulfill the terms. One of those terms is admitting your addiction to whatever drug. You just tripped into a federal prohibition. No gun rights for (IIRC) five years after successfully completing the program and having the case discharged by the judge.

 

Not a felon, not convicted of any crime because the judge discharged the case due to diversion... But still 5 years before restoration of gun rights.

 

Then it is still likely to get a NICS denial on purchase, and have to obtain and submit proof of the court discharge since the prohibiting charge is likely to be automatically uploaded to NICS, but the clearance is not... And now it has been an additional 5 years since that was 'resolved." (sorry for the long sentence)

 

One4 more... Made a baby and have not been making child support payments? In Tennessee, a carry permit is a "license" under the law. Well, let's call it a "professional license." Like being a lawyer or a hairdresser or a professional engineer.

 

If you are not paying for your kids, the state says you do not have a right to earn income here (because you are not meeting you obligations with that income). No carry permit! The carry "permit" is treated as a professional license under the law.

 

Just to make it a bit more complicated... We just adopted "constitutional" carry. That is in quotes because there is no change to the state constitution, this was enacted by the legislature. We now have permit-less carry; what the legislature giveth, the legislature can taketh away.

 

So the point of this... With permit-less carry, you must still meet all of the requirements for getting a permit even though you do not actually get one. And you can't carry in parks (and similar environments) without a permit.

 

Almost done... So you meet the requirements, and have a permit and walk into a store which does not allow firearms carry. And they ask you to leave And you don't leave. So they call the police. This is not a simple trespassing charge, it is actually a firearms law violation here Upon conviction, you lose your permit and can apply for a new one in 3 years. And if done permit-less, you still can not carry publicly for 3 years.

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33 minutes ago, Sarge said:

What Marshall Mo Hare said b

Presidents can pardon Federal crimes, Governors can pardon State crimes. Neither has authority in the other jurisdictions. The President has no authority to pardon a State crime.

 

And it depends on the convicting jurisdiction. Murder is illegal at both State and Federal levels. If convicted of murder at the Federal level, the president can pardon it. If convicted at the State level, the only the governor of that specific state can pardon it.

 

We also have a concept of double jeopardy here. You can not be charged twice for the same crime.

 

The courts have decided you can not be charged twice for the same crime "in the same jurisdiction." So it is possible to face charges at both a State and Federal level. If the crime involved multiple states, that can add more sovereign jurisdictions that can bring charges and convict.

 

Each state (and the fed) has a right to its own remedy.

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Until 1968 gca once time was served rights were restored. Would love to see SCOTUS review constitutionality of 68 gca

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