Felon Wants a Gun

Discussion in 'GA Laws and Politics' started by adcurt, Oct 2, 2007.

  1. adcurt

    adcurt New Member

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    A good friend of mine was convicted of arson in highschool and they gave him the Felony for it.

    He is now 35, has never done anything else illegal ('cept speeding), and has since gotten his right to vote back. He wants to have a gun to protect his home and wife, but doesn't know if he's allowed.

    At first I gave the 'ol affirmative, "No." But it got me thinking that he can vote now:

    Is there a way to remove an old felony from your record in Georgia so that he could regain his 2nd Amendment rights?

    When he regained his voting rights did he also regain his 2nd 'mendment one, too?
     
  2. slabertooch

    slabertooch New Member

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    Don't think that there is anything that he could do. Was he charged as a minor? not sure what happens to minor sealed records when NCIS comes a' lookin.

    Anyone know?
     

  3. adcurt

    adcurt New Member

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    Yeah... when I wrote 'highschool' make that a "Senior in Highschool" so they charged him as an adult. I think that he's pretty screwed.
     
  4. ls1ssdavid

    ls1ssdavid New Member

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    If he was charged as an adult, I don't see how. I don't even understand how he can vote. I thought once a "felon" always a "felon". That sucks for your friend execially if it was a stupid mistake he made as a kid. But a felony is a felony.
     
  5. Firearmz

    Firearmz New Member

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    He will have to hire an attorney and have an attorney do it for him. he can have it at least hidden, it does have to be done by the court that found him guilty or the board of pardons and parole in the that state.
     
  6. Gunstar1

    Gunstar1 Administrator

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    If he can vote then he has gone through some process of restoration already. However just because he got the right to vote back does not mean that he also got the right to keep and bear arms.

    It could be possible it was included, but sometimes they are not so he would need to check with whomever he talked with that got his voting abilities back. They should be able to tell him if purchasing firearms was included.
     
  7. GAGunOwner

    GAGunOwner Active Member

    Imagine if his wife bought a gun for home protection and left it by the bed, it never left the house, and it was never discussed with anyone. :D
     
  8. merlock

    merlock Active Member

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    +1
     
  9. slabertooch

    slabertooch New Member

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    except if he had to use it, then that is possession.
     
  10. Firearmz

    Firearmz New Member

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    Which is another felony.
     
  11. MrMorden

    MrMorden New Member

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    Just a point of information, and I know this means nothing in a legal sense, but it is crucial in a philosophical sense:

    No government can ever grant or take away rights. Rights are inherent to being a human being. Our government treats many rights as priviledges...but that does not make it so.


    Just something to consider.
     
  12. SigP229

    SigP229 Active Member

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  13. adcurt

    adcurt New Member

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    Yep - we discussed his wife's options, too. She and I will probably go shopping soon and it's not as if her hubby can't cheer her on as she plugs away at some baddie coming through the door... or whatever...

    Maybe he can reload the clips for her as she tears through rounds? Is that illegal?

    Thanks for the thoughts, guys
     
  14. Jmark

    Jmark Active Member

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    There is an actual division of the ATF for reviewing things like this. The only problem is they have no funding, therefor it doesn't happen. His only option is to sue for his rights back. My step-father is a lawyer and is currently representing someone right now for this very reason.
     
  15. gunsmoker

    gunsmoker Lawyer and Gun Activist

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    Four Quick Points

    1--- Like Gunstar said, restoration of voting rights does NOT mean automatic restoration of gun rights. Gun rights must be specifically mentioned by the Board of Pardons and Paroles, otherwise they don't come back with other rights. Check with the Board for details on how to apply. I think they want character references, a new background check, etc.

    2-- A prohibited person cannot have actual or constructive possession of a firearm. "Constructive possession" means even though you don't have it in your hands, you know where it is and you can get to it if you want it, and therefore it's under your dominion and control. Constructive possession can be shared with another person, so a gun on the nightstand can be "possessed" by both the man and the wife who use that room.

    3-- Congress cut off FEDERAL FUNDS for BATF to restore gun rights to people convicted of federal felonies. But the Georgia Legislature did not do the same thing for the Board of Pardons and Paroles. That state agency can still restore gun rights to people who have been convicted of state felonies-- violations of Georgia law.

    4-- If you're thinking of an "expungement," that's probably not going to be available. Expungments are for wiping an arrest off your rap sheet when you were never convicted of anything in connection with that arrest. Once you're convicted of arson, as an adult, both the arrest and the disposition of the case should stay on your GCIC report.


    ... I'm not your lawyer, this isn't legal advice for any particular person, proceed at your own risk, blah blah blah...
     
  16. adcurt

    adcurt New Member

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    Fantastic, Gunsmoker. That's just about exactly what I was looking for.
     
  17. VolGrad

    VolGrad Tactical Statistician

    Re: Four Quick Points

    This is more what I was thinking. Otherwise, there would be too many loopholes for felons to still have "access" to guns, just not "ownership".
     
  18. GAGunOwner

    GAGunOwner Active Member

    But...uh...uh...he and his family would still be alive...so...uh...seems worth it to me. :D
     
  19. GAGunOwner

    GAGunOwner Active Member

    Re: Four Quick Points

    I have a major problem with this. Just because one person is prohibited from having the RTKBA (for right or wrong) does this mean anyone else who lives with them should be stripped of those same rights indirectly?

    :evil:
     
  20. SilentGhost

    SilentGhost New Member

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    Maybe I missed it somewhere, but isn't there a First time felony act or something that could help this man out? Not too Knowledgeable on the laws.. (If you couldn't tell.... but I'm learning :D )