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  • Grizz

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    So I know this guy. He got busted with "felony possession" of marijuana. If convicted, is he allowed to go to a gun range and shoot? Probably not because he would have to possess a firearm to shoot, right? Just wondering if there was maybe a loophole somewhere. Also, is it possible for a felon to ever be able to own a firearm? Any advice would be helpful. Thanks!
     

    Tactically Fat

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    Wait until after the trial/adjudication is over first. Then there comes the sentencing / probation.

    Even if not convicted of a felony, it may very well be within the terms of his probation that he be prohibited from such activities.

    And also - stop associating with people who are involved in such activities that get them "busted with felony possession of marijuana".
     

    MarkC

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    Seems like since the 2014 Indiana criminal code revision, it really takes some effort to get to "felony possession" of marijuana. Now starts as a Class B misdemeanor, and only becomes a Level 6 felony if a) amount is more than 30 grams; AND b) the person has a prior conviction for a drug offense. IC 35-48-4-11.

    So, as noted above, maybe one should stop associating with the people willing to "do the work" to "achieve" "felony possession."
     
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    jagee

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    Seems like since the 2014 Indiana criminal code revision, it really takes some effort to get to "felony possession" of marijuana. Now starts as a Class B misdemeanor, and only becomes a Level 6 felony if a) amount is more than 30 grams; AND b) the person has a prior conviction for a drug offense. IC 35-48-4-11.

    So, as noted above, maybe one should stop associating with the people willing to "do the work" to "achieve" "felony possession."

    The "AND" is the kicker...30 grams isn't that much...apparently, so I've been told. :shady:
     

    MarkC

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    The "AND" is the kicker...30 grams isn't that much...apparently, so I've been told. :shady:

    Um, right, I think.... I know a guy, who knows a guy, who knows another guy, who told me that, or something....

    Actually, it is about an ounce. Since I'm really bad at math, I went to the Google converter on the computer machine: 30 grams = 1.058 ounces. Really not much.

    Anyway, the whole point of the criminal code revision was to keep penalties for the major drug crimes (dealing with an enhancement, or meth, or serious opoids) tough while reducing the need for incarcerating minor possesors. Like the requirement for 30+ grams AND a conviction before MJ possession becomes a felony. As a result, Zippy could keep getting arrested over and over for possession less than 30, and still only get misdemeanors.
     

    Grizz

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    And also - stop associating with people who are involved in such activities that get them "busted with felony possession of marijuana".

    That sounded incredibly judgmental...

    Anyway, I don't typically associate with those types, haven't since high school. However, the person in particular happens to be my baby brother. He just turned 21 and has made a series of bad decisions. Right now, as I work to mentor him I found he really likes going to the shooting range. I would love to be able to continue using the range as a common ground to lighten the tension to get him to open up.
     

    Grizz

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    Mar 20, 2017
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    Seems like since the 2014 Indiana criminal code revision, it really takes some effort to get to "felony possession" of marijuana. Now starts as a Class B misdemeanor, and only becomes a Level 6 felony if a) amount is more than 30 grams; AND b) the person has a prior conviction for a drug offense. IC 35-48-4-11.

    So, as noted above, maybe one should stop associating with the people willing to "do the work" to "achieve" "felony possession."

    He was hit in Illinois. Know anything about their laws?
     

    2A_Tom

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    It may have been judgmental, but it is good advise.

    Taking someone to the range who uses marijuana even occasionally could be problematic. It is against federal law for marujuana users to purchase firearms and may cause problems if they are found in posession of both, if you were to be routinely stopped.
     

    Thor

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    IMO, if they are not responsible enough to exercise their Constitutional Rights as citizens they should not be released to circulate among responsible citizens. If they are released they should be allowed to act as a citizen. If they can never be released or considered responsible they can go through the felon zapper.
     

    Kirk Freeman

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    So I know this guy. He got busted with "felony possession" of marijuana. If convicted, is he allowed to go to a gun range and shoot? Probably not because he would have to possess a firearm to shoot, right? Just wondering if there was maybe a loophole somewhere. Also, is it possible for a felon to ever be able to own a firearm? Any advice would be helpful. Thanks!

    Let's take them one at a time:

    1. If convicted of a felony (almost all felonies) he will not be allowed to shoot a firearm. Depending on the felony, he may be prohibited under both federal and Indiana law (if SVF), or merely federal law.

    If SVF, no firearms of any kind. If non-SVF felony, then blackpowder firearms, unless he has DB conviction.

    2. A Class D or Level 6 felony can be entered as a misdemeanor. So, your guy goes down for a "Dealing Marijuana" but he has a host of mitigators (DD214, no priors, minor kids, employment, etc.), judge can enter it as misdemeanor.

    3. Felons can regain right to possess firearms via pardon, PCR, sentence modification, and expungements.
     

    nakinate

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    May 1, 2013
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    That sounded incredibly judgmental...

    Anyway, I don't typically associate with those types, haven't since high school. However, the person in particular happens to be my baby brother. He just turned 21 and has made a series of bad decisions. Right now, as I work to mentor him I found he really likes going to the shooting range. I would love to be able to continue using the range as a common ground to lighten the tension to get him to open up.
    It may be judgmental, but it's good advice. Notice he didn't say don't hang out with people who possess felonious amounts of weed. Just don't hang with people who get CAUGHT with it. ;-)
     

    HoughMade

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    Oct 24, 2012
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    28 grams.

    28grams1.JPG
     
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