carrying in the presence of known felons

[jstaylor62]

IMHO, laws go overboard punishing felons after they served their time, done their probation and paid off their fines. For felons to get a chance at turning their life around, they need to be around successful people and have positive friendships in their lives. More often than not, these successful people will be non-felons and probably gun owners. So right off the bat you are restricting the number of people that a felon can have as positive associates. This just sets them up to be around other felons, because other felons have no restrictions.

I have a couple of very close friends that are convicted felons and I refuse to give up our freindships because they are felons. They are committed to living a clean life and I will be damed if I'm going to turn my back on them.

 

[twoguns?]

Yea and they cant hang around other ex-felons....Laws , how Stoopid

 

[pistolguy]

Newsflash for some. NO state court can override Federal laws. Having a state pardon of your felonies does not keep the Feds from convicting you of being a felon in possession of guns. with the exception of the W coast and AZ, that is. The 9th circuit has said that a state pardon DOES restore your federal gun rights.

 

[Sanford]

And here's some more muddying of the waters ...

Court reverses conviction of felon living at parents' home where guns were kept (July 6, 2012)

A federal court has reversed the conviction of a Milwaukee man found guilty of being a felon in possession of a gun after he moved into his parents' home, where weapons were kept.

The ruling raises the threshold for federal prosecutors going after felons living around guns, clarifying that access doesn't always equal possession, and that the felon-in-possession law doesn't automatically ban a felon from living somewhere where guns are lawfully kept.

"The government offered no evidence that would have allowed a reasonable jury to find beyond a reasonable doubt that he had constructive possession of the firearm and ammunition for which he was convicted by intending to exercise control over them," according to the Thursday ruling from the 7th U.S. Circuit Court of Appeals.

Cory Griffin left prison in 2008 to begin a period of extended supervision. His probation officer visited Griffin's parents' home before he began residing there.

About a week after Griffin moved in, a SWAT team arrived looking for his brother. He wasn't there, but the officers found guns and ammunition belonging to Griffin's father, an avid hunter, and his hunting buddies. The 10 shotguns, two handguns and ammunition were stored in several places throughout the house. Griffin was arrested and charged with possessing all of it.

A jury convicted Griffin of possessing a shotgun found behind the kitchen door and two boxes of ammunition found on the stairs between the first and second floors. He was sentenced to five years in prison and appealed.

The 7th Circuit wrote that to prove constructive possession, the government must usually show that a defendant had exclusive control over an area where the guns were found or a substantial connection to the weapons.

Prosecutors argued that connection existed by Griffin's mere residence in the home, but the 7th Circuit disagreed and noted that in similar cases, guns were found in a defendant's bedroom, or among his other personal possessions, or witnesses testified they had seen the defendant with the gun.

According to the decision, Griffin's father disputed the probation officer's testimony that she had warned him specifically that no guns could be in the house. The officer admitted she did not specifically instruct Griffin that if he became aware of guns in his parents' house, he should call her and get moved to a different residence.

The court also discounted a jail inmate's testimony that Griffin had told him his family had purchased handguns for him and hidden them behind the stove.

"The critical problem with (the) testimony is that it did not attribute to Griffin possession of the specific shotgun or ammunition for which he was convicted," the decision says.

 

[berettaman]

half of the customers in any Wal Mart in America could be instantly arrested and sent back to prison in every state that allows some sort of carry. If in the presence of a firearm is the law.Wake up folks hyper technical discusson threads,like this, are what gives gun forums a bad rap,JMHO

 

[Hoov]

So who on this board is going to do pro bono work for you? That is the question. Get some new friends or don't carry into their house.

 

[druryj]

She shoots .380 so it prolly wouldn't hurt much.

Uh...I dunno that it would be a good idea for you to find out. I carry a .380 sometimes and I bet it would hurt like hell; maybe not for long though.

 

[Sanford]

Uh...I dunno that it would be a good idea for you to find out. I carry a .380 sometimes and I bet it would hurt like hell; maybe not for long though.

I don't plan to test it - just poking a little left-handed fun at the ".380's not powerful enough" folks.

 

[vvvvvvv]

Get some new friends

Of course, taking that route shows that you were never a friend at all, and probably shouldn't be trusted as a friend to anyone in the future.

 

[twoguns?]

EEEHHHH I dont need eny frends, I gots guns....HEH HEH