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Thread: What is the rule on going to the range when you are a felon?

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    Regular Member richarcm's Avatar
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    My friend brought it up, I didnt know the answer and I thought it was a good question. Can you shoot at a range in VA if you have are a felon? I don't think there is anything that you sign that says you can not.....

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    Regular Member CRF250rider1000's Avatar
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    NO, the felon can not. They can not even touch a gun or ammo for that matter!

    BTW there is a whole thread on this. It was a month ago or so. If you find that, it has all of the cited codes and everything in it

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    Why would a felon be allowed to shoot a firearm if they aren't allowed to be in possession of one?

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    Accomplished Advocate peter nap's Avatar
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    hunter45 wrote:
    Why would a felon be allowed to shoot a firearm if they aren't allowed to be in possession of one?
    Remote control

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    Regular Member CRF250rider1000's Avatar
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    peter nap wrote:
    hunter45 wrote:
    Why would a felon be allowed to shoot a firearm if they aren't allowed to be in possession of one?
    Remote control
    key word CONTROL of the firearm

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    In case the OP missed the subtlety of the humor, one has to acquire possession of a firearm in order to shoot it. Possession means the ability to exercise immediate dominion and control, regardless of whether it's "on or about one's person" or in his hands. If the gun is on a table near a convicted felon, that person could go to jail for being in possession. Best stay away from the range entirely.
    Daniel L. Hawes - 540 347 2430 - HTTP://www.VirginiaLegalDefense.com

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    Founder's Club Member - Moderator ed's Avatar
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    user wrote:
    Possession means the ability to exercise immediate dominion and control, regardless of whether it's "on or about one's person" or in his hands.
    How can a non tax stamp owning person shoot a machine gun at a range without being also in "possession" of a tax stamp in his name?
    Carry On.

    Ed

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    A felon is not to be in any area where guns can possibly beattained.

    Should a felon live in a home whereas the spouse owns a fire arm, it will be legal if the felon has NO possible access to said weapon. Many ways to do that.

    A tax stamp owner of a class III weapon is allowed by law to allow legal quailfied people to fire his weapon.Stamp must be with gun.

    Bottom line......felons need to steer clear of any gun OR ammo. This may change in the future.....but not now.

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    Regular Member richarcm's Avatar
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    Seems that the process would be similar to purchasing a gun if the question is whether or not a felonious person is to make a monetary transaction for a firearm with your company. Perhaps I am wrong but I dont recall ever having a background check or even signing a waiver when going to a range...???

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    richarcm wrote:
    Seems that the process would be similar to purchasing a gun if the question is whether or not a felonious person is to make a monetary transaction for a firearm with your company. Perhaps I am wrong but I dont recall ever having a background check or even signing a waiver when going to a range...???
    Nope. You usually won't. And a felon may very get away with it. But he still isn't supposed to. Waivers, I have signed.

    I just aired the laws.

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    Actually, a felon is legally permitted to OWN a gun; he just can't be in possession of it. There's a difference between title and possession. So it's not a crime to sell a gun to a felon, but it is a crime to transfer possession of the gun to him. You can take his money and give the gunto his Aunt Sadie for safekeeping while he's working on his expungement, for example (though I'll be dad-blasted if I'd do it).
    Daniel L. Hawes - 540 347 2430 - HTTP://www.VirginiaLegalDefense.com

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    Founder's Club Member - Moderator ed's Avatar
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    TheMrMitch wrote:
    Should a felon live in a home whereas the spouse owns a fire arm, it will be legal if the felon has NO possible access to said weapon. Many ways to do that.
    G. Gordon Liddy used to brag about how many firearms Mrs. Liddy had.
    Carry On.

    Ed

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    Regular Member TFred's Avatar
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    user wrote:
    Actually, a felon is legally permitted to OWN a gun; he just can't be in possession of it. There's a difference between title and possession. So it's not a crime to sell a gun to a felon, but it is a crime to transfer possession of the gun to him. You can take his money and give the gunto his Aunt Sadie for safekeeping while he's working on his expungement, for example (though I'll be dad-blasted if I'd do it).
    That's the kind of thing a felon might do for fun sometime should the opportunity arise... And they were very, very bored... Admit to a LEO that you are both a felon and a gun owner... but insist that you aren't breaking any laws. Watch his brain start to hurt as he tries to figure out what to arrest you for.

    TFred


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    user wrote:
    Actually, a felon is legally permitted to OWN a gun; he just can't be in possession of it.¬* There's a difference between title and possession.¬* So it's not a crime to sell a gun to a felon, but it is a crime to transfer possession of the gun to him.¬* You can take his money and give the gun¬*to his Aunt Sadie for safekeeping while he's working on his expungement, for example (though I'll be dad-blasted if I'd do it).
    I thought Virginia does not do expungements, unless there was a withdrawal of charges or innocent verdict, which would not be a conviction. Thus no need for an expungement.

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    It's also available after a gubernatorial pardon, which is what I was thinking of at the time I wrote that. Since I do this kind of stuff on a routine basis, I tend to leave out details and jump around. Sorry. Sort of like having a plumber tell you to solder copper pipes and leaving out the steps of cleaning off the ends with emery paper and using flux on 'em before you stick the pipes together for soldering, ain't it? He knows what he meant, after all.
    Daniel L. Hawes - 540 347 2430 - HTTP://www.VirginiaLegalDefense.com

    By the way, nothing I say on this website as "user" should be taken as either advertising for attorney services or legal advice, merely personal opinion. Everyone having a question regarding the application of law to the facts of their situation should seek the advice of an attorney competent in the subject matter of the issues presented and licensed to practice in the relevant state.

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    Here is an interesting article on Sunday's Times-Dispatch sort of on the subject.

    http://www2.timesdispatch.com/rtd/ne...200204/322675/

    By JIM NOLAN
    Published: February 7, 2010

    The last year of Gov. Timothy M. Kaine's term brought a recordsetting flood of gubernatorial forgiveness.
    The former Virginia governor granted 53 "simple" pardons, three "absolute" pardons and eight "conditional" pardons and restored the voting rights of more than 1,300 felons in 2009.
    The "Pardons, Commutations, Reprieves and Other Forms of Clemency" are detailed in the 420-page "Senate Document No. 2" that Kaine submitted to the General Assembly on his last day in office.
    The 53 "simple" pardons granted by Kaine in 2009 were just two shy of the 55 that the Democrat handed out in his first three years as the state's chief executive, and twice as many as any of his predecessors.
    Republican Govs. John N. Dalton and Linwood Holton, Kaine's father-in-law, pardoned 54 Virginians each during their four-year terms.
    A simple pardon, the most commonly issued type, does not erase a criminal conviction. It's simply the state's way of forgiving, if not forgetting, a crime. A governor usually grants it to people who give back to their communities.
    A notation that a pardon has been issued can be placed on the offender's criminal record. It can help explain or mitigate the obstacles when the recipient seeks a job or a travel visa, or adopts a child.
    Kaine also handed out three "absolute" pardons in 2009 after having issued only one in the previous three years.
    An absolute pardon is a governor's not-guilty determination that automatically restores a person's civil rights. They include the right to vote, to hold public office and to sit on a jury. An absolute pardon also allows an individual to apply to the court where the conviction was entered to expunge the record of the offense.
    Two of the three pardons went to Richmond men later cleared by DNA testing as a result of evidence found in the files of the late forensic serologist Mary Jane Burton.
    Kaine also granted eight "conditional" pardons in 2009 that resulted in the conditional release of felons who have not completed their sentences. Those released on conditional pardons must meet stringent requirements under probation and parole and avoid further trouble with the law.
    Three of Kaine's eight conditional pardons went to members of the "Norfolk Four," sailors convicted in 1997 of the rape and murder of an 18-year-old newlywed Navy wife in Norfolk.
    Kaine also restored the civil rights of a record 4,402 felons during his term, including more than 1,300 in 2009 -- a total eclipsed only by the 1,500 whose rights were restored in 2008.
    Many of those whose rights were restored had violent pasts, or drug, robbery or larceny convictions. Rights restoration allows felons to vote, hold public office, serve on juries and become a notary public.
    "The number of pardons and restoration of rights granted throughout the governor's administration is relative to the number of requests that individuals filed for his consideration," said Lynda Tran, Kaine's former communications director at the governor's office, explaining the governor's pardoning pattern.
    "There were ebbs and flows in the quantity of requests" that came into the Secretary of the Commonwealth's office, said Tran, who now works for Kaine as national press secretary for Organizing for America, under the umbrella of the Democratic National Committee, of which he is chairman.
    She noted the spike in 2008 before the presidential election and said the Secretary of the Commonwealth's office was inundated with requests in 2009, "especially as the administration was drawing to a close."
    Virginia and Kentucky are the only states that do not grant automatic restoration of rights once a felon has completed his sentence. Virginia requires nonviolent felony offenders to have maintained a clean record for three years and violent offenders to be crime-free for five years. Roughly 300,000 Virginia felons who have served their time do not have the right to vote.
    In the closing weeks of his administration, Kaine had encouraged people with felony convictions to apply to have their rights restored, underscoring his concern that the incoming administration of Gov. Bob McDonnell would impose additional conditions on the restoration of rights.
    The administration left 333 applications for rights restoration for the new administration to consider. Bernard L. Henderson, who served as deputy secretary of the commonwealth under Kaine, said efforts were made not to leave a lot of holdover work for the new administration.
    Before his election, McDonnell said he supports expediting the process of rights restoration but indicated that he was inclined to impose more stringent requirements on felons seeking to have their rights restored, such as requiring evidence of community service.
    "I would hope Governor McDonnell will look at these just as Governor Kaine did," Henderson said. "And if he finds reason to believe there has been a sincere effort at redemption, he won't be concerned about the numbers."

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    ed wrote:
    G. Gordon Liddy used to brag about how many firearms Mrs. Liddy had.
    Yes, she had quite a collection according to him.

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