Marrying an Ex felon.

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pistolguy

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black powder is one thing, and "non cartridge" firearms is another. Felons can most certainly be prosecuted for having an old SAA, for instance, which did use and could be loaded with at the time of arrest, with a black powder cartridge. the correct designation is "non cartridge, ie, muzzleloader.
 

Buzzgun

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I have a friend who was convicted of a non violent felony last year, he was told explicitly that he could NOT legally possess a muzzleloader in Oklahoma.......he will be allowed to possess a crossbow and an air rifle AFTER his probation ends.
 

pistolguy

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that's right. In about 20 states, that is the case. there are no federal laws partaining to 'non cartridge" firearms, but many states have such laws, regarding possession by ex felons.
 

Billybob

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Not likely--that could be construed as malpractice. Any attorney worth a flip will do the legal research (which may involve talking to the DA/USA, as well as reading statutes, regs, and case law) and advise you based on that. The DA/USA may or may not give you good advice, but his client is the Gov't, not you; an attorney is duty-bound to look out for his client's best interests, not his (or anyone else's).

Opinions may vary, is "the court" the Gov't?

“An attorney owes his first duty to the court.   He assumed his obligations toward it before he ever had a client.   His oath requires him to be absolutely honest even though his client's interests may seem to require a contrary course.   The [lawyer] cannot serve two masters;  and the one [he has] undertaken to serve primarily is the court.”   In re Integration of Nebraska State Bar Assn. (1937), 133 Neb. 283, 289, 275 N.W. 265, 268.

http://caselaw.findlaw.com/oh-supreme-court/1259326.html

The following is also often cited regarding this issue...

"His first duty is to the court, not to the client, and wherever the duties he owes to the client conflict with the duties he owes to the court, as an officer of the court in the administration of justice, the former must yield to the latter".

Corpus Juris Secundum, Attorney & Client, Sec. 4, pg 802.


Disclaimer:
I'm not a lawyer and certainly don't pretend to be nor give legal advice, I just find it an interesting topic for discussion.
 

BadgeBunny

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1. An opinion (written or verbal) from an attorney is just that ... an OPINION ... it is not binding on the court, nor does it protect you if somehow you wind up back in court and wish to say "But I have this opinion from my attorney ..."

2. A deferred sentence is not a conviction.

3. Certain convictions can be expunged, certain convictions cannot ...

4. As henschman says ... "Cool, as long as you understand and accept the risk and possible consequences."

5. Danggit, ignernt!! My good man ... You ain't right! :rollingla

If I were you I would call Doug Friesen and ask for a consultation. I would also keep my guns somewhere that my felon fiance is not for the time being -- because I have a lot of money tied up in my gun collection and I would hate to lose them -- But ... that's just me ...
 

TerryMiller

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BB,

This is the same guy from "General Firearms" that is tweaking everyone. This thread of his girl being an ex-felon compared to another thread in "General Firearms" stating that she "carries" indicates this guy's bad memory. He can't remember which "story" he told elsewhere and gets himself tripped up to the more observant members of OSA.

Personally, if I knew any of the administrators/mods, I might try to convince them to change his username from "pistolguy" to "forum-ninja."
 

piston10

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BB,

This is the same guy from "General Firearms" that is tweaking everyone. This thread of his girl being an ex-felon compared to another thread in "General Firearms" stating that she "carries" indicates this guy's bad memory. He can't remember which "story" he told elsewhere and gets himself tripped up to the more observant members of OSA.

Personally, if I knew any of the administrators/mods, I might try to convince them to change his username from "pistolguy" to "forum-ninja."

Yes, he is forgetful. Another post he made says she carries a cm9.

Mods don't care, he talks about making cans and talks about illegal activity and nothing happens. We call him out and get the delete button. Oops, now I'm gonna get in trouble!!
 

OKC03Cobra

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My Fiance has an old felony, I am not about to give up either my gun or my lady. What are the legal ramifications for my permit if she is in the car with me, or when the gun is in the safe in our home? I can't get a straight answer out of the State's Attorney's office. I think that it's also a potential Federal problem for her, and maybe for me as well?

Why would you want to marry an ex-felon? And where in Oklahoma is the town "USA" located?
 

348

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Yes, he is forgetful. Another post he made says she carries a cm9.

Mods don't care, he talks about making cans and talks about illegal activity and nothing happens. We call him out and get the delete button. Oops, now I'm gonna get in trouble!!

Cite references of post deletion.
 

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