What does the law say about letting felon shoot YOUR firearms?

[mettle]

Is it legal, not?

I'm thinking I'm not gonna let the guy anyways... as I don't want my guns tied up with that kind of 'atmosphere'...

What does the law say?

 

[SSGSAD]

As far as I know, a felon cannot be "in possession" of a firearm..... not me brother !!!!!!!!!!!!!!!!!!!!!!!!!!!!!

 

[Joe Williams]

Felon can't be in possession, you can't provide it, is my understanding. Sounds to me like a good way to get both of you hooked up.

 

[Fargo]

Is it legal, not?

I'm thinking I'm not gonna let the guy anyways... as I don't want my guns tied up with that kind of 'atmosphere'...

What does the law say?

Not legal, federal law makes no exception for a felon to possess a firearm. The feds also are big fans of aiding/conspiracy type charges which could apply to anyone knowing providing such a firearms.

Indiana law also makes it illegal in many/most circumstances depending on the felony but since the federal law covers the matter I'm not going to go into the finer points of it.

Joe

 

[indykid]

Three words: DON'T DO IT!!!!!

Five years for the felon handling a firearm. Providing a felon with a firearm will also give you a ticket to club-fed if you are seen doing it.

 

[mettle]

Thanks guys. I wanted to clarify before trying to 'include' a fellow at church. I'll take his boys shooting; but, he's gonna have to stay home.

Thanks!

 

[42769vette]

Indiana law also makes it illegal in many/most circumstances depending on the felony but since the federal law covers the matter I'm not going to go into the finer points of it.

Joe

im not the legal guru so bear with me. to my understanding (sould be 100% wrong) some states are passing laws that basically say "in our state we will make the gun laws and we will arrest you for enforcing yours". if indiana were to follow there lead could some felons possess firarms? personally i think that some felons should have the right to protect themselves and there familys from folks who dont care if what they are doing is legal. but thats a whole new thread.

also define possess. if mettle took his boys shooting could he tag along as long as he didn't touch a gun?

 

[indykid]

There is a procedure for a felon to regain their rights but I cannot quote it.

 

[Redemption]

There is always Muzzleloaders and black powder pistols if you want to shoot with him.

 

[Kirk Freeman]

NO! Don't let this happen.

Not legal, federal law makes no exception for a felon to possess a firearm.

Ummm, well, you see, yes, federal law does make exceptions including certain felony categories (e.g. anti-trust violations) and military service.

There is a procedure for a felon to regain their rights but I cannot quote it.

Appeal, post-conviction relief petition, pardon.

There is always Muzzleloaders and black powder pistols if you want to shoot with him.

Be advised that certain muzzleloaders are considered firearms by ATFE.

As well if the person with the felony conviction falls into Indiana's SVF designation, it is a B felony (6-20 years) for a SVF to possess these types of firearms (as defined by state law).

 

[lovemachine]

I've often wondered this myself. My cousin is a felon, was arrested for using meth, and the things to make and use it. I don't know what thats called. But he used to own firearms before he was arrested. I've thought of inviting him to go to the range, but didn't know if that would be legal.

 

[hoosiertriangle]

I had this question when I lived in Florida, so I called the local range and asked them if a felon could come into the range, rent a pistol, and shoot. The range indicated this was ok. This was before I went to law school, so I didn't think anymore about it at the time.

Do ranges here in Indiana inquire abut whether somebody is a felon or not before renting a firearm? I've never paid any attention to it, as I don't knowingly hang out with felons at this time.

Thanks,

 

[kludge]

What does the law say about letting felon shoot YOUR firearms?

I wouldn't touch it with a 10 foot pole.

IC 35-47-2-7
Prohibited sales or transfers of ownership
Sec. 7. (a) Except an individual acting within a parent-minor child or guardian-minor protected person relationship or any other individual who is also acting in compliance with IC 35-47-10, a person may not sell, give, or in any other manner transfer the ownership or possession of a handgun or assault weapon (as defined in IC 35-50-2-11) to any person under eighteen (18) years of age.
(b) It is unlawful for a person to sell, give, or in any manner transfer the ownership or possession of a handgun to another person who the person has reasonable cause to believe:
(1) has been:
(A) convicted of a felony; or
(B) adjudicated a delinquent child for an act that would be a felony if committed by an adult, if the person seeking to obtain ownership or possession of the handgun is less than twenty-three (23) years of age;
(2) is a drug abuser;
(3) is an alcohol abuser; or
(4) is mentally incompetent.

.

 

[kludge]

Do ranges here in Indiana inquire abut whether somebody is a felon or not before renting a firearm? I've never paid any attention to it, as I don't knowingly hang out with felons at this time.

IC 35-47-2.5-4
Dealer requirements before sale, rent, trade, or transfer
Sec. 4. (a) A dealer may not sell, rent, trade, or transfer from the dealer's inventory a handgun to a person until the dealer has done all of the following:
(1) Obtained from the prospective purchaser a completed and signed Form 4473 as specified in section 3 of this chapter.
(2) Contacted NICS:
(A) by telephone; or
(B) electronically;
to request a background check on the prospective purchaser.
(3) Received authorization from NICS to transfer the handgun to the prospective purchaser.
(b) The dealer shall record the NICS transaction number on Form 4473 and retain Form 4473 for auditing purposes.

.

 

[mettle]

I'm just gonna get the boys involved. I'm not even letting the father come, as I don't want him getting the urge to handle my guns. (that is kinda suggestive sounding )

I'm not interested in skirting or coming close to breaking any laws or casting doubt on my cognitive abilities to own a firearm.

I'm glad I posted this, It's helped me make my decision.

 

[SKSnut]

so if i go to the range with my dad and brother(brother is a felon) i can't let him shoot my guns?

 

[Fargo]

Ummm, well, you see, yes, federal law does make exceptions including certain felony categories (e.g. anti-trust violations) and military service.

Good point, I meant to say that federal law makes no exception for a felon to possess a firearm simply because that firearm belongs to someone else. Somehow I forgot to finish typing the sentence. You are absolutely correct that there are federal exceptions. This just isn't one of them.

im not the legal guru so bear with me. to my understanding (sould be 100% wrong) some states are passing laws that basically say "in our state we will make the gun laws and we will arrest you for enforcing yours". if indiana were to follow there lead could some felons possess firarms? personally i think that some felons should have the right to protect themselves and there familys from folks who dont care if what they are doing is legal. but thats a whole new thread.

also define possess. if mettle took his boys shooting could he tag along as long as he didn't touch a gun?

Those laws you refer to apply to instances where there is absolutely no interstate commerce involved and so the states are basically asserting that there is no enumerated power to allow the feds to regulate the activity. The ones that I know of involve guns manufactured in state and which do not leave the state. Therefore, the states are claiming that they fall outside the commerce clause. It is not nearly as broad as the state nullifying all federal firearms laws.

I suppose a state could say that felons can possess firearms made solely in state. However, I'm not holding my breath that the states win this contest. Wickard v. Filburn is still technically good law, as well as that abomination of a marijuana case out of California where it was found that growing your own constituted "interstate commerce." The federal courts are not going to uphold these laws. I suppose this could lead to a healthy confrontation but I'm not holding my breath that the feds don't win.


Best,

Joe

 

[JBrockman]

Felons are not to be in possession of any firearm, even when we have the 4H shoots here in Johnson County for 4H Shooting Sports they are not supposed to be at the meetings! especially if it is for domestic violence or child abuse/?

 

[hoosiertriangle]

I don't disagree with the statute posted, I've just never rented a gun from a range. Do they require anything other than payment? Do they run a background check or have you sign affirming you're not a felon?

.

 

[NateIU10]

so if i go to the range with my dad and brother(brother is a felon) i can't let him shoot my guns?

For the most part, correct