Can a Felon live in same house as a Firearm ?

[John Sam Rayburn]

What the heck? Did he know it had a lean on it? How’s this a felony?

He did not. He paid another kid $25 for a rotten old jonboat full of leaves with no engine and drug it to his house.

He intended to fix it up, but just left it sitting in his front yard.

About 2 years later an Insurance Investigator knocked on his door and told him the boat was stolen because a previous owner never finished paying it off. The value of the loan was over $200. He got charged with "Possession of Stolen Property".

At that time anything over $200 was a Felony. In the 90's he asked to get it expunged from his record, but the Angelina County Judge said "No". He decided to just live with it and moved on with his life.

 

[leVieux]

Forearm lefts are just as important as forearm rights

Надіслано з дому вашої мами за допомогою Tapatalk

WISE choice of terms. . . .

 

[justmax]

Back in the eighties, G. Gordon Liddy, wrote a book titled "Will". This came after spending I believe 4 years, for Contempt of Court, In this book there were a few photos of his wife's gun collection laid out on the kitchen table.

I have more to the story about Liddy and "Will" if anybody is interested.

 

[Renegade]

Back in the eighties, G. Gordon Liddy, wrote a book titled "Will". This came after spending I believe 4 years, for Contempt of Court, In this book there were a few photos of his wife's gun collection laid out on the kitchen table.

I have more to the story about Liddy and "Will" if anybody is interested.

“I am not allowed to own any guns, but Mrs Liddy has a fine collection and she keeps some of them on my side of the bed.”

From his radio show many times.

 

[glenbo]

I asked this question of the lawyers at Texas Law Shield several years ago because we had a friend, convicted felon, staying with us for a short while. The lawyer said having them in the house is fine. He also said that just putting his finger on a gun was possession since he would have control of that gun as long as he is touching it.

 

[karlac]

I asked this question of the lawyers at Texas Law Shield several years ago because we had a friend, convicted felon, staying with us for a short while. The lawyer said having them in the house is fine. He also said that just putting his finger on a gun was possession since he would have control of that gun as long as he is touching it.

Typical lawyer blurring of distinctions, i.e. the meaning of "control"!

They write the laws with their ultimate benefit in mind.

Yeah, I know "When you need a lawyer ... that ad infinitum BS chant" doesn't make it less of an egregious, self serving practice!

 

[justmax]

You are wrong about that. There are processes at the state level to restore firearm rights. Some of those rights are automatic at the 5-year mark.

If it’s a federal felony, you’ll need a Presidential pardon, but that removes the prohibition.

A Presidential pardon is not necessary in all cases. Expungement can be better than a pardon in some cases. Here is a short description of one that I remember. This took place in a small town where everybody's business was too often out in the open. My HS graduating class was less than 100.

The defendant was convicted of drug weapon possession. Received probation, and went under both state and federal disability (no firearms). After probation ran its course, disability remained.

Several years later, same person was arrested again on more drug and weapons charges. This time all were on a larger scale. More drugs, and the weapons drew Federal attention as illegal SBSs and SBRs were involved along with handguns. Most of these weapons had the S/Ns unsuccessfully attempted to be removed. Most turned out to able stolen. Federal weapons charges were negotiated away, and defendant spent a little over 8 months in county jail and state prison.

+/- 10 years passes. Relief of disability applied for again. Feds say no, even though the Federal weapons charges were plea negotiated away.

Expungement was applied for. The very Judge that had convicted and sentenced him earlier granted the expungement. All Federal, State, and Local agencies were ordered to seal or destroy all records pertaining to this case. From the local police and county SO, to the representative FBI, ATF offices, all were kind of pissed off.

The end result was that this person went on to get disability relieved, own weapons, including NFA class III, and even dabbled in explosives to a small degree.

The way this was explained to me was that a Pardon accepts the fact that the crimes were committed, but the gov forgives you for it. An Expongement deems that the events never occurred. Therefore, when asked about previous convictions, or a criminal record at all, the legally correct answer is "no, none".

It must be kind of aggravating to be a LEO having to abide by a legal lie when you remember the case when it happened, and have the newspaper clippings regarding it.

 

[justmax]

<>

IIRC, a decade or more back there was a FFL is S E Texas, who was convicted of a felony in Mexico for something which was perfectly legal in Texas, not even a crime at all.

But he lost his FFL. When he petitioned to have his rights reinstated, he lost and was not able to even own any gun.

I never heard any more, so don’t know the end result, if different.

<>

He must not have had enough cash on him at the time.??

 

[Renegade]

A Presidential pardon is not necessary in all cases. Expungement can be better than a pardon in some cases. Here is a short description of one that I remember. This took place in a small town where everybody's business was too often out in the open. My HS graduating class was less than 100.

The defendant was convicted of drug weapon possession. Received probation, and went under both state and federal disability (no firearms). After probation ran its course, disability remained.

Several years later, same person was arrested again on more drug and weapons charges. This time all were on a larger scale. More drugs, and the weapons drew Federal attention as illegal SBSs and SBRs were involved along with handguns. Most of these weapons had the S/Ns unsuccessfully attempted to be removed. Most turned out to able stolen. Federal weapons charges were negotiated away, and defendant spent a little over 8 months in county jail and state prison.

+/- 10 years passes. Relief of disability applied for again. Feds say no, even though the Federal weapons charges were plea negotiated away.

Expungement was applied for. The very Judge that had convicted and sentenced him earlier granted the expungement. All Federal, State, and Local agencies were ordered to seal or destroy all records pertaining to this case. From the local police and county SO, to the representative FBI, ATF offices, all were kind of pissed off.

Seems like he is still a prohibited person since he had two convictions but only one expungement.

 

[justmax]

Seems like he is still a prohibited person since he had two convictions but only one expungement.

The expungement must have covered everything from that day back. I say that as once, probably 5-10 years later, I was there when he got pulled over by a state trooper. I remember he and the trooper having a talk about why the trooper got a hit on his name, but could not access any info. The part about "if you had the authority to see it, you would", took the traffic issue from a warning to a ticket pretty fast.

 

[candcallen]

Someone is posting while drinking again.

ETA was. A couple days ago.