Question about a felony

[ATF Consumer]

I have a friend who was convicted of a Class D felony back when he was 18 years old...over 24 years ago.
Under 2.3."Proper Person", it states that a proper person does not have a conviction for which the person could have been sentenced to more than (1) year of incarceration.
If Indiana law states the crime is a Class D felony, punishable by 6 months to 3 years in prison....and the punishment was 2 years probation, no jail time and was let off early for good behavior. Does this disqualify him from the ability to possess a firearm?

 

[Fargo]

I don't believe it does under Indiana Law which pertains to serious violent felons. However it almost certainly does under federal law which applies to all felons.

Now, there are ways to get that conviction/disability removed such as executive clemency or a petition for post-conviction relief. He would likely need to contact an attorney to pursue those avenues.

Not legal advice, just my .02.

Best,

Joe

 

[Frank_N_Stein]

Under 2.3."Proper Person", it states that a proper person does not have a conviction for which the person could have been sentenced to more than (1) year of incarceration.
If Indiana law states the crime is a Class D felony, punishable by 6 months to 3 years in prison....and the punishment was 2 years probation, no jail time and was let off early for good behavior. Does this disqualify him from the ability to possess a firearm?

I think the bolded part with the underlined "could" is really what your friend needs to be concerned with. He was sentenced to probation, but being convicted of a D-felony could have resulted in him serving a prison sentence of more than one year. I would recommend that he contact the ISP division that reviews/issues LTCHs for clarification.

 

[Kirk Freeman]

Does this disqualify him from the ability to possess a firearm?

Yes via federal law.

(g) It shall be unlawful for any person—
(1) who has been convicted in any court of, a crime punishable by imprisonment for a term exceeding one year . . .

. . . to ship or transport in interstate or foreign commerce, or possess in or affecting commerce, any firearm or ammunition; or to receive any firearm or ammunition which has been shipped or transported in interstate or foreign commerce.

18 U.S.C. §922(g) (emphasis added)

 

[Kirk Freeman]

Now, what he needs to do is look at the sentencing order or CCS and ensure that it is a felony.

Some guys get modified and do not remember the modification (I've had that happen twice now), or some guys remember being arrested for a felony (like Theft) but the Prosecuting Attorney files Criminal Conversion (a misdemeanor) on a CD or a bottle of wine.

 

[CarmelHP]

The federal definition of "felony' is any crime for which you could have received more than one year in prison, the actual sentence notwithstanding.

 

[CarmelHP]

Now, what he needs to do is look at the sentencing order or CCS and ensure that it is a felony.

There's a member on this site that swears that the felony theft on the CCS in his case in Morgan Co. was reduced to a misdemeanor, though it's not reflected in the entries.

 

[IndianaGTI]

The federal definition of "felony' is any crime for which you could have received more than one year in prison, the actual sentence notwithstanding.

Cite please.

 

[CarmelHP]

Cite please.

It was already given, 18 U.S.C. §922(g)(1), the key word is punishable:

"Person Convicted of a Crime Punishable by Imprisonment for a Term Exceeding 1 Year: This prohibited person category includes any person who has been convicted of a felony or other crime for which the person could have been sentenced to imprisonment for a term exceeding 1 year—EVEN if the court actually placed the person on probation or sentenced the person to a term of imprisonment for 1 year or less."

From ATF P 5300.15 — Federal Firearms Licensee Quick Reference and Best Practices Guide

But you've assured us you're an expert on federal firearms law and the rest of us know nothing, why are you asking me?

 

[rfontes]

if you got a felony conviction, to my understanding your prohibited from owning/possessing/purchasing firearms. Is it illegal for a convicted felon to attempt to purchase a gun? yes.

 

[n3v3rtrstamor0n]

well heads up i heard there is a gap on that.you might want to call the isp because i heard and read there is a 15 year gap.in other words he may be able to obtain his permit since its been more then 15 yrs..

 

[Fargo]

well heads up i heard there is a gap on that.you might want to call the isp because i heard and read there is a 15 year gap.in other words he may be able to obtain his permit since its been more then 15 yrs..

Regardless of if he can get his permit, federal law prohibits him from possessing a firearm...

 

[Kirk Freeman]

No gap. Federal law is until a judge(s) or a Governor says it is not a felony (the administrative route was defuned years ago).

Cite please.

Citation for what?

You mean 18 USC §922(g)(1) that I just cited, or something else. Sorry, just want to be clear.

 

[Ashkelon]

Depending upon the County/Judge/Prosecutor he may be able to get it down on an AMS or an agreed modification. So long as everyone waives procedural defects he can get the job done.

 

[IndianaGTI]

It was already given, 18 U.S.C. §922(g)(1), the key word is punishable:

"Person Convicted of a Crime Punishable by Imprisonment for a Term Exceeding 1 Year: This prohibited person category includes any person who has been convicted of a felony or other crime for which the person could have been sentenced to imprisonment for a term exceeding 1 year—EVEN if the court actually placed the person on probation or sentenced the person to a term of imprisonment for 1 year or less."

From ATF P 5300.15 — Federal Firearms Licensee Quick Reference and Best Practices Guide

But you've assured us you're an expert on federal firearms law and the rest of us know nothing, why are you asking me?

Wow. You ask a guy for a cite and he gets all personal and attacks people. Do you need a hug?

 

[CarmelHP]

Wow. You ask a guy for a cite and he gets all personal and attacks people. Do you need a hug?

Give a pretty detailed cite and I don't even get a thank you, just more whining. Typical.

 

[ATF Consumer]

Give a pretty detailed cite and I don't even get a thank you, just more whining. Typical.

I thank you...I thank all of you for your input.

 

[IndianaGTI]

Give a pretty detailed cite and I don't even get a thank you, just more whining. Typical.

Man, I offered you a hug. What more do you need?

What is this more whining you are referring to? It appears that you are the only one whining here.

 

[CarmelHP]

Man, I offered you a hug. What more do you need?

What is this more whining you are referring to? It appears that you are the only one whining here.

Let's see, you come here, tell everyone that their legal interpretations are wrong, accuse members of criminal conduct with absolutely zero evidence, tell me that I have a "podunk" legal education, demand a citation, get one but still complain, and now you're the victim? You must be from New York City. Enough is enough.

 

[IndianaGTI]

Let's see, you come here, tell everyone that their legal interpretations are wrong, accuse members of criminal conduct with absolutely zero evidence, tell me that I have a "podunk" legal education, demand a citation, get one but still complain, and now you're the victim? You must be from New York City. Enough is enough.

Wow, I see none of that here. In another post, you asked for a cite which I gave you. Then you attacked me. I did no such thing here.
You just seem to be in need of a hug.

We won't even talk about the fact that you left bad rep for me because I simply asked for a cite in this thread. I saw no demand either. I think I even said please. The offer of a hug still stands.