13 year old with .22 long rifle-dad is felon

Discussion in 'GA Laws and Politics' started by Mooneybeams, Feb 24, 2017.

  1. Mooneybeams

    Mooneybeams New Member

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    Ok so I bought my son a .22 long rifle today. He has passed a hunter safety course. My husband has a felony. I totally forgot about this. Did I screw up?

    Can my husband go with my son to a hunting area to watch him shoot the gun or is this against the law.

    Can we have the rifle in our house?

    Thank you.
     
  2. Phil1979

    Phil1979 Member Georgia Carry

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    Constructive possession is what you need to be concerned with. Yes, your husband can go watch anyone shoot. He just cannot touch the firearm, nor can it be placed where he could get to it.

    At home, it must be locked up, and he cannot have the key or combination.
     

  3. Adam5

    Adam5 Atlanta Overwatch

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    If I remember correctly, the same applies to ammunition.
     
  4. GAfirearmsReference

    GAfirearmsReference Weapons Law Booklet

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    Right

    No guns or ammo can be in the position of a convicted felon .
    That's both the federal law and a state law .
    The doctrine of constructive possession says that even if the felon doesn't physically hold or carry the gun around with him, IF it's put in a place where he has access to it and other evidence suggests that he has both the intent and the ability to exercise control over that gun-- either to use it himself or to direct who should use it and for what purpose--- THEN he is in constructive possession of that gun. That's just as illegal as carrying it around .

    So here it sounds like the situation requires The inverse of normal gun safety device. This is a gun that the child should keep locked away from the reach of the adult !!

    There is no Georgia law against a 13-year-old owning and possessing a rifle .
    Handguns yes, there's a law against that -- but a rifle, no.
     
  5. Scout706

    Scout706 Well-Known Member

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    Remember the disclaimers about legal advice from the internet.
     
  6. Nemo

    Nemo Man of Myth and Legend

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    Just like that State Farm Insurance commercial-- I read it on the internet, and you know everything on the internet is true.

    Nemo
     
  7. GAfirearmsReference

    GAfirearmsReference Weapons Law Booklet

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    On a related topic, can your husband get his felony pardoned, with full restoration of his gun rights?
    Sometimes that's possible.
    If the State whose court system convicted him restores his gun rights 100%, putting him on equal terms with any other law-abiding citizen in the eyes of the state, then the FEDS will respect that and say that he's no longer a "prohibited person" under federal law, Title 18 of the U.S. Code, section 922.