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Thread: Felony Question

  1. #1
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    I have a friend who thinks it's pretty awesome that I OC every where so he always wants to go with me. I asked him why he doesn't carry and he told me he was in prison before. So my question is can he legally carry a firearm?

    The details are, non violent class 3 felony,(fraud or something to do with checks)got convicted 1980, served 2 years in prison, 5 on parole no criminal history since then. He truly did learn his lesson and reformed himself.

    Thanks for the help.

  2. #2
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    He's probably screwed. The only exception, I believe, is a 5-degree felony. But it's a complicated matter, and depends on a number of factors.


    For what it's worth, I think felons who have "paid their dues" should be allowed to exercise their right to keep and bear arms; all of their rights should be fully restored once they get out of prison. Unfortunately I do not think the law on this will ever change.



  3. #3
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    He should look into getting his felony expunged. I don't know much about expungement but it might be necessary to also do something else in addition to it or instead of it it to restore civil rights.

    Of course the ability to do this may vary by state too.

    This link may or may not be useful:
    http://www.publicrecordcenter.com/co...pungements.htm


  4. #4
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    planedr wrote:
    I have a friend who thinks it's pretty awesome that I OC every where so he always wants to go with me. I asked him why he doesn't carry and he told me he was in prison before. So my question is can he legally carry a firearm?

    The details are, non violent class 3 felony,(fraud or something to do with checks)got convicted 1980, served 2 years in prison, 5 on parole no criminal history since then. He truly did learn his lesson and reformed himself.

    Thanks for the help.



    You did not specify whether or not your friend's conviction was under Colorado jurisdiction - or another state.

    IF- IF- IF..... it was a CO conviction HIS FIREARM RIGHT HAS BEEN RESTORED BY OPERATION OF COLORADO LAW[Based upon the the info you provided]. If he was convicted under the laws of another state - that state's law will determine his status.

    Assuming that we are dealing with Colorado law, here are some citations for your friend ( and his attorney) to READ & STUDY.

    Colorado Constitution Article VII, Sec. 10 .- restoration of ALL civil rights .
    Colorado Constitution Artcle II, Sec. 13. CO Right to Keep & Bear Arms.

    Colorado Revised Statute 18-12-108. (as amended in 1994/2000) - did not include convictions for "nonviolent" offenses in1980 . or 1987 [completion of sentence]. Federal & CO courts have affirmed & recognized a TEN [10] year disablement of the firearm right following COMPLETION OF SENTENCE.

    Tenth Circuit U.S. Court of Appeals decisions affecting 18 USC 922 [g][1] application as defined by 18 USC 921[a][20]:

    U.S. v Norman; U.S. v Fowler ; GOOGLE - "10th Circuit - Colorado firearms right restoration" click - 20F .3d 1066 & 21F .3d 1122. This will begin the education process. GOOGLE - Colorado Revised Statute 18-12-108 . Read the statute VERY CAREFULLY including NOTATIONS.

    I could provide you with a brief -but it's your friends responsibility to study and learn what his status is. The Colorado criminal justice community will argue that he can never again possess a firearm.I have discussed this matter with CBI (Colorado Bureau of Investigation), and D.A.'s office. They have a dilema - the COLORADO CONSTITUTION. Do the research and decide for yourself.

    That Colorado law makes no provision for the expunging of adult convictions in no way negates the restoration of ALL rights of citizenship -WITHOUT EXCEPTION -including the firearms right.


    If your friend was convicted under Colorado law -
    NO FURTHER ACTION IS REQUIRED BY EITHER YOUR FRIEND OR ANY AGENCY OF THE GOVERNMENT TO REINSTATE THE FIREARMS RIGHT - BECAUSE COLORADO LAW HAS SPOKEN ON THIS ISSUE.

    Your friend will have to determine why the Colorado criminal justice system continues to insist that he is prohibited from firearms possession. He cannot be SUCCESSFULLY prosecuted for possession for purposes of defense of home, person, and property.If your friend was convicted under COLORADO LAW, hiscivil rights are currently being interfered with under colour of law. At the very minimum his right to peaceful enjoyment of his right to keep and bear arms is restricted due to a general threat of harrassment by various agencies of the State government.

    The burden of proof is on the prosecutor to prove that your friend's possession of a firearm is not for the purpose of defense of home, person, and property. CRS 18-12-108 application only serves the prosecution by enhancing the penalty when collateral criminal offense is charged in conjunction with possession /use of a firearm[or any other "weapon"] during the TEN year window following release from all supervision.

  5. #5
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    Here's another annotation from 18-12-108 supporting Sandcreek's post:
    Prior Colorado conviction not predicate felony for purposes of federal prohibition of possession of firearm by felon. Defendant was wrongly charged for possession of gun by felon, because at the time of his arrest he was once again entitled to possess a gun. Under this statute defendant's civil rights had been restored ten years after he served time on his prior conviction, such rights encompassing his ability to possess a firearm. U.S. v. Hall, 20 F.3d 1066 (10th Cir. 1994)

  6. #6
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    Thanks for the good info. Yes it was in colorado. I will point him in the right direction.

    Thanks again.

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