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I own a gun and it is registared to me under my name when I was married before.(I've since married again and it's different than what's on the license) 4 years ago I was ressted for cocaine. It was some residue in a few baggies. I went to jail for a month, I did 6 months rehab.II got 3 years probation .community service . fines everything. I'm off now. But can I keep the gun that I had before I got a felony to have for protection only in my house? I was told by various freinds that if I get caught with that gun or any gun I'll go to prison. Even if I'm around someone that has a gun I can too. (Even if I don't know that they have it)Is this true? Do you ever get to own a gun again?

2006-11-14 12:47:23 · 28 answers · asked by Anonymous in Politics & Government Law & Ethics

28 answers

Federal Laws—Hard Time for Gun Crime

Under Project Safe Neighborhoods, U.S. prosecutors are ready to bring cases involving illegal gun use to federal court. This means that if anyone is caught with an illegal gun, they probably won't be entitled to bail—instead, they'll go straight to jail. And, if that's not bad enough, if they are convicted in federal court, they can spend up to 10 years in jail. There are no second chances under this program.

So it's smart to stay away from guns if you or anyone you know is in one of the categories described below. Save yourself, your friend, or your relatives from jail time.

Do You Belong to One of These Groups?

If you fit in one of these categories, you are prohibited from possessing any kind of gun or ammunition:

Convicted felons (convicted at state or federal level).

People under indictment for a crime punishable by imprisonment for more than 1 year.

Fugitives from justice (interstate flight to avoid prosecution or testimony).

Drug users or addicts.

Aliens in the United States illegally or on temporary status.

People with mental development problems or people committed to mental institutions.

People who have formally given up their U.S. citizenship.

People who have been dishonorably discharged from the armed services.

People involved in committing domestic violence.

Anyone subject to a court order (protective order) forbidding that person from stalking, harassing, or threatening an intimate partner or that partner's child.

Anyone convicted of a misdemeanor crime involving violence or a threat with a deadly weapon if the convicted person was the victim's current or former spouse, live-in boyfriend or girlfriend, parent, or guardian.

If you're caught with a gun you cannot legally possess, you can face harsh penalties in federal prison with no possibility of parole. And, if you have three or more prior violent felony or serious drug offense convictions, you face a minimum of 15 years in prison without parole.

2006-11-14 12:52:58 · answer #1 · answered by Bad Kitty! 7 · 1 1

I agree with the majority. You cannot legally own or possess a firearm if you are a felon. You should contact the county attorney in person WITHOUT the firearm and advise them that you have a weapon at your house and ask them what you should do. In the mean time you should have a family member retrieve the weapon for you and hold it until you hear from the County Attorney.
DO NOT ATTEMPT to do anything with it, as if you are caught even with a permit, you are still a convicted felon and could be charged under Federal Law.
One person stated you can own a small shotgun after your probation. If she is referring to the length, she will land you in FEDERAL PRISON. A sawed off shotgun is against Federal Law.
Even if the permit was under a previous name, any fingerprints or aliases will show up in the system. Rember they now use a National Crime Information Center computer which maintains a data base of felons and other suspects that are considered high profile. I'm not saying you are, just that it does exist.
Be safe and contact the County Attorney or States Attorney General and they will advise you. They won't prosecute if you voluntarily turn it over if it is not allowed in your possession, however if you are caught with it, you will go to prison for possession of a firearm by a convicted felon.

2006-11-14 13:23:32 · answer #2 · answered by handyman 3 · 0 0

the answer to this question is easy, no, a convicted felon, may not own a gun, even if they owned it before the were arrested, once you are convicted of a felony, you are not allowed to own a gun period, and yes, if you get caught, you will go to jail, and it won't be for 6 months this time, more like 6 years.

As for being around someone that has a gun, no you cannot go to jail for that if you did not know they were carrying the gun, but if you knew before hand, then it is a possibility depending on if another crime has been committed.

My best advice to you is to turn over the gun to the police
department, do not try to sale it or give it away to anyone else, because you can go to jail for that too, bevcause the gun was in your possession.

2006-11-14 12:57:26 · answer #3 · answered by dahorndogd013 4 · 0 1

You would have to check in your own state, i can only tell you for colorado. Here, you cannot own a gun or have access to any gun if you are a convicted felon. If you do not know somone has one, then this does not apply, but you would have to prove this. However, in Colorado, you can own one after 10 years (this is 10 years after the end of your original sentence, not just 10 years after you get out of jail, so it includes probation and parole). Hope this helps.

2006-11-14 13:26:35 · answer #4 · answered by Riley 4 · 0 0

Unfortunately you are not supposed to keep the gun, any felony voids your right to bear arms, I found this out at a pawn shop when I seen a gun I wanted, but can't have legally because I have a felony from when I was 18

2006-11-14 12:54:18 · answer #5 · answered by Anonymous · 0 0

you just need to have a family member or someone you trust with your gun to come over and get it and take it to there house till your not on probation. If you get caught with the gun in your home they will send you back to jail for probation violation! If you have anyone that wants you back in jail and knows you have a gun near you then they can make one call and your back in the slammer. I would have someone come and get it b4 I went back in.
And since you own a gun then after your probation is over you can have it back.

2006-11-14 12:53:34 · answer #6 · answered by mouse3801 4 · 0 1

the only way they can get you on owning a fire arm is if you are on probation and it is part of the probation you have the right to bare arms
also if you have a felony you may not be able to purchase any more guns and have them registered it is illegal to have an unregistered gun

2006-11-14 12:51:35 · answer #7 · answered by cowboy4lifexxxsangel 2 · 0 0

No guns for you. If, your spouse does not have a Felony that person still has the right to bear arms. They must keep them locked up so you not have access to "Their Guns" and the guns need to be in "Their Name".

2006-11-14 12:59:25 · answer #8 · answered by Snaglefritz 7 · 1 0

Ask somebody official. These people are riff raff. You should ask your lawyer or someone at the courthouse. Make sure you don't tell them you have a gun just ask them questions about when and if you could ever own a gun.

2006-11-14 12:59:09 · answer #9 · answered by Princess 3 · 1 0

It depends on whether you were convicted of a felony. Different states have laws on what degree of felony (A, B, C, etc.) will still let you own a firearm. You should check with your local police department.

2006-11-14 12:51:18 · answer #10 · answered by Anonymous · 0 0

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