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Felony conviction and guns you already own...
- Thread starter Ruark
- Start date
Upon conviction of a felony a person finds themself banned from owning or possesing a firearm under federal law, and most state laws as well. Will a policeman come and get your gun(s)? that depends on where you live and the attention to detail of the court. In many states the court, and the police will have no idea of what gun's you own. But in a state like california they will know everything about what gun you own. The sourt might (probably) will order you to dispose of what ever firearms you own, and are in possesion of. How you do this depends on the state laws. In NYC... a policeman will come and pick them up. My experience in Florida is they will allow an FFL to pick up the firearm(s). The further disposition of the guns is up to you... You can sell them through the FFL, give them away through the FFL, or abandon them to the FFL.
"So unless your neighbor's conviction fell under the exceptions specified in 18 USC 921(a)(20)(A) and (B), or he went the extra step and got his conviction expunged, he would still be committing a federal crime by taking his guns back."
I asked him about that and he has a written court order restoring all his civil rights signed by the same judge who sentenced him. A call to the local BATFE office confirmed that if a judge restored his rights, he was OK. He even has a CCW permit now.
Paul B.
I asked him about that and he has a written court order restoring all his civil rights signed by the same judge who sentenced him. A call to the local BATFE office confirmed that if a judge restored his rights, he was OK. He even has a CCW permit now.
Paul B.
Once you are convicted of a felony it is your responsibility not to be in violation of any other laws based upon your conviction. As such, any firearms/ammo in your possession after the conviction may be seized and you could face state and or federal charges.
There is no uniform means that courts or LE use to recover FAs after conviction. ATF generally will not charge or seize the FAs if they are turned over or sold to an FFL prior to the conviction or immediately after. Title II FAs have special limitations and would have to go to a class III dealer.
You could dispose of your FAs prior to your conviction to whomever you want if they are not also prohibited. However, after conviction LE may just seize the FAs if something is not worked out with the courts for disposition. For those thinking they will give them to their wife or husband, this may be viable if they can lock them away someplace the prohibited individual does not have access. However, constructive possession will put you in prison just as sure as actual possession. Do not confuse "possession" or "ability to possess" with ownership.
Once had a situation where a felon and non-felon had a FA in vehicle between seat. Driver who was not felon admitted FA was his and had sale paperwork. Passenger stated that he knew it was there within his reach, that his prints would be on FA because he had handled it . He is now back in prison for possessing a FA.
Bottom line is that there is no uniform process, but you become prohibited immediately upon conviction. This is something that must be discussed with your lawyer prior to the final conviction.
There is no uniform means that courts or LE use to recover FAs after conviction. ATF generally will not charge or seize the FAs if they are turned over or sold to an FFL prior to the conviction or immediately after. Title II FAs have special limitations and would have to go to a class III dealer.
You could dispose of your FAs prior to your conviction to whomever you want if they are not also prohibited. However, after conviction LE may just seize the FAs if something is not worked out with the courts for disposition. For those thinking they will give them to their wife or husband, this may be viable if they can lock them away someplace the prohibited individual does not have access. However, constructive possession will put you in prison just as sure as actual possession. Do not confuse "possession" or "ability to possess" with ownership.
Once had a situation where a felon and non-felon had a FA in vehicle between seat. Driver who was not felon admitted FA was his and had sale paperwork. Passenger stated that he knew it was there within his reach, that his prints would be on FA because he had handled it . He is now back in prison for possessing a FA.
Bottom line is that there is no uniform process, but you become prohibited immediately upon conviction. This is something that must be discussed with your lawyer prior to the final conviction.
Last edited:
saltydog452
New member
Two familys of a Felon
I haven't, and don't have the inclination to search and de-code legal verbage.
The two instances that I think I know, the Great State of Texas would not grant Parole/ Early Release if that Parole candidate was going to be domiciled, or have access to, a firearm. Drugs an/or drugs, are a big no-no.
salty
I haven't, and don't have the inclination to search and de-code legal verbage.
The two instances that I think I know, the Great State of Texas would not grant Parole/ Early Release if that Parole candidate was going to be domiciled, or have access to, a firearm. Drugs an/or drugs, are a big no-no.
salty
This is kind of off topic but also fits here if that makes any sense. I own a few firearms and enjoy shooting at the range. My friend and her boyfriend want to go with me one day but she is a felon no charge has to do with a gun but a felon none the less is she allowed to even be at the range with me and her boyfriend?
She can in no way be in possession of the gun. That includes holding it at all. I hate to say it, but it's probably not the best place for her to be seen, even if she's not handling a firearm.is she allowed to even be at the range with me and her boyfriend?