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Thread: Possession while awaiting trial?

  1. #1
    Regular Member TFred's Avatar
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    Possession while awaiting trial?

    This may have been covered here, but I have never paid much attention to this area of the law, because I never needed to. And I know I'll get good answers.

    Friend of mine is awaiting trial for a felony charge, which they plan to plea down to a misdemeanor. No drugs, no violence, no domestic issues.

    Question is, may he possess a firearm while awaiting trial? He knows he cannot purchase, it's the first test on the list at the State Police website. Unclear on possession of owned firearms. Would like to see cites of course, if there are any.

    Thanks for any help.

    TFred

    P.S. Of course I suggested he ask his attorney, but apparently the guy is not too gun-savvy... didn't really give him an answer.

  2. #2
    Accomplished Advocate peter nap's Avatar
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    Quote Originally Posted by TFred View Post
    This may have been covered here, but I have never paid much attention to this area of the law, because I never needed to. And I know I'll get good answers.

    Friend of mine is awaiting trial for a felony charge, which they plan to plea down to a misdemeanor. No drugs, no violence, no domestic issues.

    Question is, may he possess a firearm while awaiting trial? He knows he cannot purchase, it's the first test on the list at the State Police website. Unclear on possession of owned firearms. Would like to see cites of course, if there are any.

    Thanks for any help.

    TFred

    P.S. Of course I suggested he ask his attorney, but apparently the guy is not too gun-savvy... didn't really give him an answer.

    I don't have a cite TFred so take it as opinion only.
    If you're talking about possession as in I have them in the safe or rack....he hasn't been convicted of anything and is not a prohibited person.

    If you're talking about carry....that's a bad idea especially since the CA apparently is willing to deal.... and since your friend is willing to accept the deal...is guilty of something.

    In other words, don't rock the boat in heavy seas.
    Last edited by peter nap; 08-25-2014 at 07:27 AM.

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    I believe that the arraignment/bail document will specify the conditions of bail.
    I am responsible for my writing, not your understanding of it.

  4. #4
    Administrator John Pierce's Avatar
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    Purchase, possession, and transportation of a firearm while under felony indictment

    A recent posting at OpenCarry.org reveals that, when asked by clients, many defense attorneys are themselves not completely sure of the effects of an indictment on the accusedís right to purchase, possess, or transport firearms.


    But an understanding of this issue is crucial for the person being indicted since a misstep can lead to additional charges, bail being revoked, and plea bargain offers being withdrawn.


    Letís take a quick look at state and federal laws that are on-point Ö

    Read more at The Law Office of John Pierce, Esq.
    Last edited by John Pierce; 08-26-2014 at 12:47 PM.

  5. #5
    Regular Member TFred's Avatar
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    Quote Originally Posted by John Pierce View Post
    A recent posting at OpenCarry.org reveals that, when asked by clients, many defense attorneys are themselves not completely sure of the effects of an indictment on the accusedís right to purchase, possess, or transport firearms.


    But an understanding of this issue is crucial for the person being indicted since a misstep can lead to additional charges, bail being revoked, and plea bargain offers being withdrawn.


    Letís take a quick look at state and federal laws that are on-point Ö

    Read more at The Law Office of John Pierce, Esq.
    That's awesome John, thank you very much!

    TFred

  6. #6
    Administrator John Pierce's Avatar
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    Quote Originally Posted by TFred View Post
    That's awesome John, thank you very much!

    TFred
    You are very welcome.

  7. #7
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    Quote Originally Posted by John Pierce View Post
    A recent posting at OpenCarry.org reveals that, when asked by clients, many defense attorneys are themselves not completely sure of the effects of an indictment on the accusedís right to purchase, possess, or transport firearms.


    But an understanding of this issue is crucial for the person being indicted since a misstep can lead to additional charges, bail being revoked, and plea bargain offers being withdrawn.


    Letís take a quick look at state and federal laws that are on-point Ö

    Read more at The Law Office of John Pierce, Esq.
    Remember, at trial and pre-trial, many lawyers file motions .. and 1/2 of them lose the motion ..

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