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Thread: Concerning friends with felony charges.

  1. #1
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    Concerning friends with felony charges.

    First off, thanks to you guys for begin so quick to respond when I post questions here. With that out of the way I have another one for y'all.

    Over the years I've had a few friends of mine get in trouble with the law and a few of them have been charged with felonies. I am not one to turn my back on someone and most of these people have turned their lives around since those days but those charges do follow you around for a long time. Recently one of these friends showed up at my place in the dead of night looking for a place to stay (trouble with the wife, thought it best to leave) and I let him crash for the night.

    I know he's not supposed to be around or have access to guns so that got me thinking, is he allowed to be in my house? Over the last two years I have fell into a bit of a collection of handguns, rifles, and shotguns. Word got around the family that I shoot and they just keep sending them my way either to be cleaned/fixed or just for me to keep. A lot of them didn't have kids interested in taking care of these firearms so I ended up with them.

    I'd hate for my friend to get in trouble because he stayed in my home or I entered his while OCing. Can I enter his house with my firearm? Does a holstered firearm on my person mean he has access to it under the law? What if I pick him up walking and have it holstered on my hip, or a shotgun in the rack? Is he breaking the law by accepting the ride?

    I know this is "on him" but I'm trying to be a little proactive in this.

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    "Charged" or convicted? The details of his prohibition are in state law and his papers.
    Last edited by Nightmare; 03-08-2015 at 08:30 AM.
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    Quote Originally Posted by Nightmare View Post
    "Charged" or convicted?
    Convicted.

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    Convicted felons are good people to stay away from you are risking a lot to keep hanging around with the criminal element.
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    Campaign Veteran skidmark's Avatar
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    Although a lot depends on how the information gets out and how the local prosecutor feels that day (I'm presuming he is off of post-conviction supervision), the general answer is Yes, he can be around you and your guns.

    The phrase you are looking for is "constructive possession" - that legal fiction that basically says that although it is not his property and is not in fact in his hand, "it could be". Wearing your gun when he is at your place, or you at his, does not create constructive possession. Having all the guns except the one you are wearing locked up when he is at your place is not constructive possession. Haveing a long gun in a rack in te back window when he is a passenger is constructive possession - unless you can prove it was somehow locked (trigger lock or locked to the rack). He cannot go to the range with you - even if he stays in the car. However, at the moment that there is an imminent threat of death or serious bodily injury, and only so long as that threat exists, he has the right of self defense without restriction as to how he defends himself.

    If these things were not so there would need to be a fenced world with folks conviced of a felony on one side and folks not yet convicted on the other. Beyond the "if he's served his time" argument, if you believe that your friend has eiother learned his lesson or turned his life around then the fact of his felony conviction should be but a minor inconvenience.

    I am too lazy to bother looking up and posting all the citations for "constructive possession." Besides, it is a nice morning and how better for you to spend it that learning something new?

    Just remember that free advice is worth only half of what you paid for it. If you are worried about you getting in legal trouble you should consult a criminal defense attorney. If your friend is worried about him getting in trouble he should consult a criminal defense attorney rather than extrapolate from what your attorney told you.

    stay safe.
    "He'll regret it to his dying day....if ever he lives that long."----The Quiet Man

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    If you need an attorney you may want to contact this guy, John Pierce. He is a Va attorney but could have contacts in other states and may have a recommendation. I believe he is near Bristol, Va. He may provide brief free advise. He is on the VCDL.org Gun Friendly attorneys list.

    You might also consider a local Gun Shop and see if they have a local favorite. Never hurts to know who your are talking to.

    Home: https://www.vcdl.org/

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    His site: http://johnpierceesq.com/?page_id=26
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    Regular Member WalkingWolf's Avatar
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    Quote Originally Posted by Firearms Iinstuctor View Post
    Convicted felons are good people to stay away from you are risking a lot to keep hanging around with the criminal element.
    Emphasis on the word "convicted", not all people who commit felonies are caught. Yet those convicted can turn their lives around, to become sayyyyy a respected minister of several decades before he passed. Especially some of the silly laws that make people felons.

    Considering that most people commit some crimes, you should seek out a monastery.
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    Quote Originally Posted by WalkingWolf View Post
    Emphasis on the word "convicted", not all people who commit felonies are caught. Yet those convicted can turn their lives around, to become sayyyyy a respected minister of several decades before he passed. Especially some of the silly laws that make people felons.

    Considering that most people commit some crimes, you should seek out a monastery.
    One can chose to hang around criminals if one wants to I prefer not to.
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    Quote Originally Posted by Firearms Iinstuctor View Post
    One can chose to hang around criminals if one wants to I prefer not to.
    Then hide in the closet, because for the most part you have no clue who is a criminal.
    It is well that war is so terrible otherwise we would grow too fond of it.
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    Campaign Veteran skidmark's Avatar
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    Quote Originally Posted by Firearms Iinstuctor View Post
    One can chose to hang around criminals if one wants to I prefer not to.
    Giving you the benefit of the doubt that by "criminals" you meant "convicted felons" - do you do a background chek on everybody you "hang around" with?

    Did you know that in most states "taking indecent liberties with a minor" and physical child abuse not resulting in permanent injury are only misdemeanors? And that most first-time drug dealing indictments are pled down to misdemeanors that often have judgement held in abayance and then dismissed following a term of good behavior? That nationally it takes roughly seven (7) DUI or driving on a revoked license convictions before any jail time is imposed?

    It is estimated that those who consider themselves to be the most law-abiding violate at least three felony statutes each and every day.

    stay safe.
    "He'll regret it to his dying day....if ever he lives that long."----The Quiet Man

    Because stupidity isn't a race, and everybody can win.

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    LOL We are known by the company that we keep.

    So I wondered who "It is estimated" estimated? The context of three felonies per day is if FedGov takes a dis-like.

    http://www.amazon.com/Three-Felonies.../dp/1594032556

    https://www.eff.org/e040c49c-2b9a-4f...8-91233dc4334f
    Last edited by Nightmare; 03-08-2015 at 03:59 PM.
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  12. #12
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    I guess one has to know what one means to hang out with. Casual meetings is not hanging out with having people over for dinner, going hunting, fishing and other occasion where one might spend hours or even days with some one.

    Is a bit different.
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  13. #13
    Regular Member WalkingWolf's Avatar
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    Quote Originally Posted by Firearms Iinstuctor View Post
    I guess one has to know what one means to hang out with. Casual meetings is not hanging out with having people over for dinner, going hunting, fishing and other occasion where one might spend hours or even days with some one.

    Is a bit different.
    Do you do background checks on your friends? Do they know you are running background checks on them?

    Just myself I am more concerned about people's behavior. I certainly would not hang out with a complete arse hole just because they have a clean record. On the other hand I have no problem with polite, respectable people who have made a mistake and got their act together.
    It is well that war is so terrible otherwise we would grow too fond of it.
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    The person served their time and paid their debt to society and I am assuming no longer on parole.

    So what is the issue? I am confused...

    Regards
    CCJ
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    Quote Originally Posted by countryclubjoe View Post
    The person served their time and paid their debt to society and I am assuming no longer on parole.

    So what is the issue? I am confused...

    Regards
    CCJ
    Serving your time and paying your debt to society does not automatically return your rights to firearm ownership. But you knew that.

    http://www.ncga.state.nc.us/EnactedL..._14-415.1.html

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    Regular Member WalkingWolf's Avatar
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    Quote Originally Posted by bc.cruiser View Post
    Serving your time and paying your debt to society does not automatically return your rights to firearm ownership. But you knew that.

    http://www.ncga.state.nc.us/EnactedL..._14-415.1.html
    That is not the point of this thread. The OP is concerned that he may get his friends with a conviction in trouble if they visit him.
    It is well that war is so terrible otherwise we would grow too fond of it.
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    The patriot volunteer, fighting for country and his rights, makes the most reliable soldier on earth.
    Thomas Jonathan "Stonewall" Jackson
    What separates the winners from the losers is how a person reacts to each new twist of fate.
    President Donald Trump

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    Article 54A. The Felony Firearms Act.

    14-415.1. Possession of firearms, etc., by felon prohibited. (a) It shall be unlawful for any person who has been convicted of a felony to purchase, own, possess, or have in his custody, care, or control any firearm or any weapon of mass death and destruction as defined in G.S. 14-288.8(c) [ ... ] (d) This section does not apply to a person who, pursuant to the law of the jurisdiction in which the conviction occurred, has been pardoned or has had his or her firearms rights restored if such restoration of rights could also be granted under North Carolina law.
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  19. #19
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    Quote Originally Posted by WalkingWolf View Post
    That is not the point of this thread. The OP is concerned that he may get his friends with a conviction in trouble if they visit him.
    I understand that. My post was a reply to countryclubjoe.

    I believe Skidmark had covered the question pretty well.

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    Quote Originally Posted by skidmark View Post
    Although a lot depends on how the information gets out and how the local prosecutor feels that day (I'm presuming he is off of post-conviction supervision), the general answer is Yes, he can be around you and your guns.

    The phrase you are looking for is "constructive possession" - that legal fiction that basically says that although it is not his property and is not in fact in his hand, "it could be". Wearing your gun when he is at your place, or you at his, does not create constructive possession. Having all the guns except the one you are wearing locked up when he is at your place is not constructive possession. Haveing a long gun in a rack in te back window when he is a passenger is constructive possession - unless you can prove it was somehow locked (trigger lock or locked to the rack). He cannot go to the range with you - even if he stays in the car. However, at the moment that there is an imminent threat of death or serious bodily injury, and only so long as that threat exists, he has the right of self defense without restriction as to how he defends himself.

    If these things were not so there would need to be a fenced world with folks conviced of a felony on one side and folks not yet convicted on the other. Beyond the "if he's served his time" argument, if you believe that your friend has eiother learned his lesson or turned his life around then the fact of his felony conviction should be but a minor inconvenience.

    I am too lazy to bother looking up and posting all the citations for "constructive possession." Besides, it is a nice morning and how better for you to spend it that learning something new?

    Just remember that free advice is worth only half of what you paid for it. If you are worried about you getting in legal trouble you should consult a criminal defense attorney. If your friend is worried about him getting in trouble he should consult a criminal defense attorney rather than extrapolate from what your attorney told you.

    stay safe.
    Thank you this is exactly what I needed to know.

  21. #21
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    It's what we aim to do. You aim too, please.

    stay safe.
    "He'll regret it to his dying day....if ever he lives that long."----The Quiet Man

    Because stupidity isn't a race, and everybody can win.

    "No matter how much contempt you have for the media in all this, you don't have enough"
    ----Allahpundit

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