Join INGunOwners For Free
Results 1 to 8 of 8
  1. #1
    Plinker edeekeos's Avatar

    User Info Menu

    Convicted felon in possesion of a firearm?!?

    Good evening INGO,

    So a 'friend' of mine, we'll say Jon in this instance, wants to know if it is legal for him to possess a firearm. He was convicted of a 'non-violent' felony, AFTER already legally being in possession/ownership of multiple firearms. Now, Federal law prohibits 'Transfer or Sale' to any convicted felon. Fine. Indiana law prohibits sale, transfer, possession of a firearm for individuals with a 'VIOLENT' only felony conviction. Thus indicating convicted felons, nonviolent in nature, may still possess (not transfer/buy) a firearm under our STATE law. Where do federal and state laws intersect? If an individual, already in legal possession of firearms, is convicted of a nonviolent felony in Indiana, may he/she still possess said firearms, LEGALLY?

  2. #2
    Master Route 45's Avatar

    User Info Menu

    No guns for felons. Most of us are familiar with the rule that a convicted felon cannot possess a gun. The federal rule is found in one of the main firearm statutes, 18 U.S.C. 922(g)(1). It says that anyone "who has been convicted in any court of a crime punishable by imprisonment for a term exceeding one year" is barred from possessing a gun. The only felonies that are not covered by the federal gun ban are 1) those "pertaining to antitrust violations, unfair trade practices, restraints of trade, or other similar offenses relating to the regulation of business practices," per 18 U.S.C. 921(a)(20)(A); and 2) felony convictions from foreign countries, per Small v. United States, --- U.S. ---, 2005 WL 946620 (April 26, 2005).

    https://www.williamslawonline.com/Pr...-Gun-Law.shtml
    My guns won't be illegal....they'll be undocumented.

  3. #3
    Plinker edeekeos's Avatar

    User Info Menu

    So regardless of the disparity between the Federal and State laws regarding this situation, one with ANY felony cannot possess a firearm. Article XI of the Constitution basically states Federal law is above all. Clear as DAY.

    ..side note, what is then the purpose of having a state law that cannot be practiced if it is prohibited under federal law? I should have became a lawyer..

  4. #4
    Master Route 45's Avatar

    User Info Menu

    Quote Originally Posted by edeekeos View Post
    So regardless of the disparity between the Federal and State laws regarding this situation, one with ANY felony cannot possess a firearm. Article XI of the Constitution basically states Federal law is above all. Clear as DAY.

    ..side note, what is then the purpose of having a state law that cannot be practiced if it is prohibited under federal law? I should have became a lawyer..
    In practice, you'll probably rarely see a federal charge for felon in possession, unless it's part of a larger investigation. Your run-of-the-mill felon who gets stopped and popped with a pistol in his waistband is not going to be referred to the feds. They want the big fish, because they just don't have the manpower.

    See also "legal" marijuana in several states.
    My guns won't be illegal....they'll be undocumented.

  5. #5
    Grandmaster Kirk Freeman's Avatar

    User Info Menu

    Unless your friend has a conviction for an exempted felony under federal law, e.g. antitrust violation, then he may not own regulated firearms.

    If your friend is SVF, then no guns, of any kind for him.

    Your friend needs to investigate blackpowder or air rifles.
    They'll turn us all to beggars because they're easier to please

  6. #6
    Grandmaster Kirk Freeman's Avatar

    User Info Menu

    Quote Originally Posted by edeekeos View Post
    So regardless of the disparity between the Federal and State laws regarding this situation, one with ANY felony cannot possess a firearm. Article XI of the Constitution basically states Federal law is above all. Clear as DAY.

    ..side note, what is then the purpose of having a state law that cannot be practiced if it is prohibited under federal law? I should have became a lawyer..
    What state law "cannot be practiced"?
    They'll turn us all to beggars because they're easier to please

  7. #7
    Grandmaster T.Lex's Avatar

    User Info Menu

    Quick follow up to KF's post - your friend should talk to an attorney about expungement, especially if it is an Indiana conviction.
    Resident Warning Shot Statist.

  8. #8
    Expert IndianaResident's Avatar

    User Info Menu

    The IC strangely tucks it into the LTCH statute, but this covers felonies other than SVF within 15 years.

    35-47-2-1 last subsection

    Sec. 1*. (a) Except as provided in subsections (b) and (c) and*sections 2*through*2.1*of this chapter, a person shall not carry a handgun in any vehicle or on or about the person's body without being licensed under this chapter to carry a handgun.

    (b) Except as provided in subsection (c), a person may carry a handgun without being licensed under this chapter to carry a handgun if:

    (1) the person carries the handgun on or about the person's body in or on property that is owned, leased, rented, or otherwise legally controlled by the person;

    (2) the person carries the handgun on or about the person's body while lawfully present in or on property that is owned, leased, rented, or otherwise legally controlled by another person, if the person:

    (A) has the consent of the owner, renter, lessor, or person who legally controls the property to have the handgun on the premises;

    (B) is attending a firearms related event on the property, including a gun show, firearms expo, gun owner's club or convention, hunting club, shooting club, or training course;  or

    (C) is on the property to receive firearms related services, including the repair, maintenance, or modification of a firearm;

    (3) the person carries the handgun in a vehicle that is owned, leased, rented, or otherwise legally controlled by the person, if the handgun is:

    (A) unloaded;

    (B) not readily accessible;  and

    (C) secured in a case;

    (4) the person carries the handgun while lawfully present in a vehicle that is owned, leased, rented, or otherwise legally controlled by another person, if the handgun is:

    (A) unloaded;

    (B) not readily accessible;  and

    (C) secured in a case;

    (5) the person carries the handgun:

    (A) at a shooting range (as defined in*IC 14-22-31.5-3*);

    (B) while attending a firearms instructional course;  or

    (C) while engaged in a legal hunting activity;  or

    (6) the person is permitted to carry a handgun without a license under*section 2.1of this chapter (persons protected by a protection order).

    (c) Unless the person's right to possess a firearm has been restored under*IC 35-47-4-7*, a person who has been convicted of domestic battery under*IC 35-42-2-1.3*may not possess or carry a handgun.

    (d) This section may not be construed:

    (1) to prohibit a person who owns, leases, rents, or otherwise legally controls private property from regulating or prohibiting the possession of firearms on the private property;

    (2) to allow a person to adopt or enforce an ordinance, resolution, policy, or rule that:

    (A) prohibits;  or

    (B) has the effect of prohibiting;

    an employee of the person from possessing a firearm or ammunition that is locked in the trunk of the employee's vehicle, kept in the glove compartment of the employee's locked vehicle, or stored out of plain sight in the employee's locked vehicle, unless the person's adoption or enforcement of the ordinance, resolution, policy, or rule is allowed under*IC 34-28-7-2(b)*;  or

    (3) to allow a person to adopt or enforce a law, statute, ordinance, resolution, policy, or rule that allows a person to possess or transport a firearm or ammunition if the person is prohibited from possessing or transporting the firearm or ammunition by state or federal law.

    (e) A person who knowingly or intentionally violates this section commits a Class A misdemeanor.  However, the offense is a Level 5 felony:

    (1) if the offense is committed:

    (A) on or in school property;

    (B) within five hundred (500) feet of school property;  or

    (C) on a school bus;  or

    (2) if the person:

    (A) has a prior conviction of any offense under:

    (i) this section;  or

    (ii) *section 22*of this chapter;  or

    (B) has been convicted of a felony within fifteen (15) years before the date of the offense.
    Combat is very much a 'come as you are' party.

Posting Permissions

  • You may not post new threads
  • You may not post replies
  • You may not post attachments
  • You may not edit your posts
  •