Felons and Firearms

[2A_Tom]

Reminds me of the jury deliberation room (possession with intent to distribute) when they passed me a large Plano box that had been full of crack and powder cocaine. The juror om my right slid it to me and without thinking I picked it up and it was covered inside and out with white powder, when it dawned on ne what the powder was I dropped it and went and washed my hands.

 

[Expat]

Unless I just don't remember right, that doesn't look like pot back in 79-80... last time I saw any in real life.

 

[MarkC]

Unless I just don't remember right, that doesn't look like pot back in 79-80... last time I saw any in real life.

I'm sure it's not; thanks to miracles of modern science, such as plant nutrition and selective cultivation, MJ grown today is far more powerful than the average weed available back then, or so the narc guys tell me.

Also, consider that was featured in some doper magazine, so I'm sure they picked the best of the best. It is like the same way you never see a "classic" Lorcin featured in Guns and Ammo.

 

[MarkC]

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.

^^^^^
Listen to this guy; he's the one with the real world criminal law/general practice experience. I'm in an office where we deal with such a narrow slice of the law, that it hardly counts as practice.

 

[Kirk Freeman]

^^^^^
Listen to this guy; he's the one with the real world criminal law/general practice experience. I'm in an office where we deal with such a narrow slice of the law, that it hardly counts as practice.

Yes, but I hurt the feelings of snowflakes when I tell the world the truth, so you have to take that into the balance.

Do you want safe spaces, or do you want the truth? I know which one INGO wants.

 

[Expat]

Yes, but I hurt the feelings of snowflakes when I tell the world the truth, so you have to take that into the balance.

Do you want safe spaces, or do you want the truth? I know which one INGO wants.

big meanie...

 

[Kirk Freeman]

big meanie...

The line for your safe space is on the left, the line to whine about Kirk Freeman is on the right.

 

[Expat]

Sorry, I am too old for either. If I get aggravated, I drink whisky and swear at the computer.

 

[Grizz]

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.

You practice law or just incredibly knowledgeable?

 

[Kirk Freeman]

J.D., Chicago-Kent, licensed in Indiana since October of 1995. I also teach gun law for IPDC and NBI. I am also the "Robin" of gun rights attorneys.

 

[MrsGungho]

You practice law or just incredibly knowledgeable?

he's both

Now, I get your situation, my younger brother IS a felon. I can't stop hanging around my brother. he made mistakes and he's paid the price for them.
If your brother is convicted of a felony, Do not take him shooting, do not allow him access to your firearms. and listen to Kirk.

 

[Bill of Rights]

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.

he's both

Now, I get your situation, my younger brother IS a felon. I can't stop hanging around my brother. he made mistakes and he's paid the price for them.
If your brother is convicted of a felony, Do not take him shooting, do not allow him access to your firearms. and listen to Kirk.

That brings a question to mind. OP said that his brother going to the range is helpful; could he petition the judge to allow supervised firearm possession at the range by a specific individual for that purpose, after any sentence is served? That is, could that stipulation be entered at conviction/sentencing, to apply once he's served any time assigned?

Blessings,
Bill

 

[MrsGungho]

That brings a question to mind. OP said that his brother going to the range is helpful; could he petition the judge to allow supervised firearm possession at the range by a specific individual for that purpose, after any sentence is served? That is, could that stipulation be entered at conviction/sentencing, to apply once he's served any time assigned?

Blessings,
Bill

that's a great question Bill. I don't have to worry about that. My brother isn't interested in shooting. it is a good idea though.

 

[Kirk Freeman]

That brings a question to mind. OP said that his brother going to the range is helpful; could he petition the judge to allow supervised firearm possession at the range by a specific individual for that purpose, after any sentence is served? That is, could that stipulation be entered at conviction/sentencing, to apply once he's served any time assigned?

No. The sentencing order could not trump state or federal law.

He needs to speak with an attorney and fix the problem. If one has a felony conviction, don't touch guns or ammunition until you understand the problem and then how to fix the problem.

I have seen sentencing orders on Class Ds or Level 6s say "come see the court about this felony once you are off probation". That's a sentence modification WHICH IS NOT EEFECTIVE UNITL THE COURT ORDERS IT, they do not happen by magic.

"That there judge said I COULD get a misdemeanor so I went out and bought me a raffle gon."

Felony conviction=talk to attorney. No one wants to go to the BoP over something silly like a fixable problem.

 

[CindyE]

In the meantime, would your brother enjoy any other outdoor sports? Maybe archery, fishing, kayaking, hiking? Getting outdoors is really good for the soul! Hope things go well with your mentoring, and he gets on the right path, and can go shooting with you.

 

[nakinate]

J.D., Chicago-Kent, licensed in Indiana since October of 1995. I also teach gun law for IPDC and NBI. I am also the "Robin" of gun rights attorneys.

If you are Robin then who is Batman?

 

[2A_Tom]

J.D., Chicago-Kent, licensed in Indiana since October of 1995. I also teach gun law for IPDC and NBI. I am also the "Robin" of gun rights attorneys.

Is Bruce Wayne really Guy

 

[oldpink]

In the meantime, would your brother enjoy any other outdoor sports? Maybe archery, fishing, kayaking, hiking? Getting outdoors is really good for the soul! Hope things go well with your mentoring, and he gets on the right path, and can go shooting with you.

This right here...in spades.
It just seems that our over-urbanized society all too often breeds toxicity.

 

[pearlman1966]

So how does felon Tim Allen handle guns on his show?

 

[KMaC]

Wouldn't they be considered props, as non-functioning guns? I assume the firing pin is removed or other such safety provisions taken before they get to the set.