I know it is illegal for any felon to directly posses a firearm, but what if he is riding in my company vehicle, and I am CCing or have the gun under my seat?? I have been meaning to check on this for a while as this is one of the main reasons I don't carry to/from work. I don't want to get my coworker, or myself in trouble.
Felon in Vehicle With Someone Who Is CCing
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Well, the felon would have to be in possession. If being near someone who had a holstered pistol were enough, then he could be convicted everytime he was too near a police officer!
:lol:
:lol:
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If I had a nickel for every time I heard a getaway driver say that...bml said:
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I find myself wondering about this sometimes myself for extended family reasons.
My wife = HS valedictorian, summa cum laude graduate, double master's
Her brother = not so much
Not that I think he's a felon... not yet at least, but he's working on it, I believe
My wife = HS valedictorian, summa cum laude graduate, double master's
Her brother = not so much
Not that I think he's a felon... not yet at least, but he's working on it, I believe
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Felon gun possession, got probation!
About June 25, at least 4 handgun violators had a non-jury trial in this county (Warren). I remember 4 for sure and think there might have been 2 more. ALL received probation, including one felon! I could not believe it! Moreover, of those who appeared, I believe 25/25 were paroled on all charges, including possession, gun violations, many others. One problem 2nd amendment supporters face is when many of these people do not receive any jail time. Serious charges were against some of these folks. When you allow for first time offenders, this seems like a horrible coincidence that so many of these folks in this trial were put on probation. My first impression is that either the judge was incredibly lenient, or the county is having parolees pay for their own supervision on parole, and escape having to pay for their incarceration because we do not have a county lockup. They would have to go to nearby counties and I assume our county would be responsible for the bill. These two interpretations are not mutually exclusive, and there could be others. What do you think might happen if a felon with a gun violation was paroled and then shot or killed someone? Would the city be responsible in some manner? Also, what kind of message are we sending to violators and repeat violators of the law, and to the law-abiding citizens of our county? Comments welcomed.Malum Prohibitum said:
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to Warrenton
Warrenton No CCW: So do you think "Felon in Possession of a Firearm" ought th have a mandatory minimum prison sentence? Is probation and a fine just out of the question?
Even if the person's prior felony was a non-violent crime, such as theft? (Stealing somebody's sunglasses off their car's dashboard can get you a felony conviction for "entering an auto")
Even if the person's prior felony was a victimless crime, where the only "harm" was to the "morals" of society and perhaps the health and welfare of the defendant himself ( i.e. drug possession offense).
Even if the person's prior felony was years ago? How about a 55 year old guy whose dad passes away and leaves him a couple of guns. The 55-year old keeps them. But 35 years ago, this 55-year old was a 20 year old alcoholic and drunk driver, a habitual violator who got 4 DUIs within five years. That made him a felon. So based on the problem he had in 1972, and his ignorance of his legal disabilty and of his ability to get his gun rights restored through the Board of Pardons and Paroles, he commits this new felony of possessing a gun in 2007. Does he need to be in prison?
Warrenton No CCW: So do you think "Felon in Possession of a Firearm" ought th have a mandatory minimum prison sentence? Is probation and a fine just out of the question?
Even if the person's prior felony was a non-violent crime, such as theft? (Stealing somebody's sunglasses off their car's dashboard can get you a felony conviction for "entering an auto")
Even if the person's prior felony was a victimless crime, where the only "harm" was to the "morals" of society and perhaps the health and welfare of the defendant himself ( i.e. drug possession offense).
Even if the person's prior felony was years ago? How about a 55 year old guy whose dad passes away and leaves him a couple of guns. The 55-year old keeps them. But 35 years ago, this 55-year old was a 20 year old alcoholic and drunk driver, a habitual violator who got 4 DUIs within five years. That made him a felon. So based on the problem he had in 1972, and his ignorance of his legal disabilty and of his ability to get his gun rights restored through the Board of Pardons and Paroles, he commits this new felony of possessing a gun in 2007. Does he need to be in prison?
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Felon with gun
I do not generally favor mandatory sentences. Many judges do not either. The felon in question had a recent assault conviction and other lesser violations. My emphasis was that of 25 charges, many of them serious, all got probation. All these folks have to pay their probation supervision or go to jail. It is a fair question you ask. So no, I do not favor a mandatory or automatic type sentences, each case is truly different. An earlier lapse of judgement should not put a person out of the game permanently. I did not think the people in that trial date should all have gotten probation. Some of the guilty did not even have to pay a fine, but did have to pay court costs. When people commit more serious crimes, for example, armed robbery, assault with a firearm, sexual assault and so forth, they should be held accountable and that would include fines and/or jail time. What I was trying to point out is that out of 25 people with a non-jury trial ALL were given probation, including those with more serious crimes. My sense of this is that the judge was incredibly lenient or liberal in his deliberations and/or the county could not afford to incarcerate these particular people. I included the convicted felon in there because of the nature of his particular crime. Carry at the park, shooting in the city limits, I was fine with probation of those folks. NOT the ones with the more serious crimes. I am less comfortable with the guilty fellow who pulled a gun on someone he was having an argument with. I think we are in basic agreement and should have given more information on that one person and some of the more serious offenses for which, in my opinion, were not suitable for probation. Self-defense is a natural right, not just one afforded by the 2nd amendment. The problem is, as you know, that a felon cannot have a firearm. In a practical sense, if your old time felon friend had to pull a gun, the last thing he will worry about is whether the gun is legal in his hands or not. If he is dead, that question never really comes up, so I think we are on the same page on your post.
I do not generally favor mandatory sentences. Many judges do not either. The felon in question had a recent assault conviction and other lesser violations. My emphasis was that of 25 charges, many of them serious, all got probation. All these folks have to pay their probation supervision or go to jail. It is a fair question you ask. So no, I do not favor a mandatory or automatic type sentences, each case is truly different. An earlier lapse of judgement should not put a person out of the game permanently. I did not think the people in that trial date should all have gotten probation. Some of the guilty did not even have to pay a fine, but did have to pay court costs. When people commit more serious crimes, for example, armed robbery, assault with a firearm, sexual assault and so forth, they should be held accountable and that would include fines and/or jail time. What I was trying to point out is that out of 25 people with a non-jury trial ALL were given probation, including those with more serious crimes. My sense of this is that the judge was incredibly lenient or liberal in his deliberations and/or the county could not afford to incarcerate these particular people. I included the convicted felon in there because of the nature of his particular crime. Carry at the park, shooting in the city limits, I was fine with probation of those folks. NOT the ones with the more serious crimes. I am less comfortable with the guilty fellow who pulled a gun on someone he was having an argument with. I think we are in basic agreement and should have given more information on that one person and some of the more serious offenses for which, in my opinion, were not suitable for probation. Self-defense is a natural right, not just one afforded by the 2nd amendment. The problem is, as you know, that a felon cannot have a firearm. In a practical sense, if your old time felon friend had to pull a gun, the last thing he will worry about is whether the gun is legal in his hands or not. If he is dead, that question never really comes up, so I think we are on the same page on your post.
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Re: Felon with gun
Are these hypotheticals or real examples?Warrenton NO CCW said:
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