Convicted Felons and firearms

[battle_sight_zero]

This question does NOT pertain to me and my personal situation, however it is a question I think about sometimes because I believe that I know of others in this situation. Let's say that you are law abiding, a veteran, no criminal record, have a CCW , have a nice collection of firearms, Hunter and single. You meet a good looking woman, just perfect to you, but she has one hitch. When she was 18 she committed a felony. Since she is a felon she can't own weapons. Now this woman is very successful in her career and obviously made made something of her life. My questions are if they marry can he keep his firearms If so do they have locked up so she can't access. To be quite honest researching this is very hard. Also our State is not very friendly to restoring a Felons rights, since the Govenor has to pardon the person. The court in Colorado cannot do that.

[kanekutter05]

This question does NOT pertain to me and my personal situation, however it is a question I think about sometimes because I believe that I know of others in this situation. Let's say that you are law abiding, a veteran, no criminal record, have a CCW , have a nice collection of firearms, Hunter and single. You meet a good looking woman, just perfect to you, but she has one hitch. When she was 18 she committed a felony. Since she is a felon she can't own weapons. Now this woman is very successful in her career and obviously made made something of her life. My questions are if they marry can he keep his firearms If so do they have locked up so she can't access. To be quite honest researching this is very hard. Also our State is not very friendly to restoring a Felons rights, since the Govenor has to pardon the person. The court in Colorado cannot do that.

My initial thought would be that you would still be able to keep your guns. Just because she is a felon doesn't mean she's not allowed around firearms, just that she's not allowed to own them. Actually, since the law says you just can't own them...are you even barred from shooting them? That's probably too deep into a legal argument for our purposes though...

[Ronin13]

Aw jeez... I've thought about this one too- considering I dated a girl for about a month before she revealed that she had a felony (she was afraid what I would think). I'm kind of glad that relationship didn't last- on different grounds, we didn't break up because she was a felon. But I have wondered this too and I also have turned up very little. Any answers would be great, but I try my best not to hook up with gals that are felons. [Coffee]

[yankeefan98121]

I would have to agree with Kane

No, you're not barred from shooting, just owning

[HoneyBadger]

Aw jeez... I've thought about this one too- considering I dated a girl for about a month before she revealed that she had a felony (she was afraid what I would think). I'm kind of glad that relationship didn't last- on different grounds, we didn't break up because she was a felon. But I have wondered this too and I also have turned up very little. Any answers would be great, but I try my best not to hook up with gals that are felons. [Coffee]

Sounds like you're hanging out with a rough crowd! [Poke] [ROFL1]

[Chad4000]

I could have sworn that they arent even allowed in the house.....

I know of somebody in a similiar situation. before I knew she had a felony, she came shooting with us. I was told later that i had messed up by letting her shoot...

[BPTactical]

If she is operating a firearm she is in possession of said firearm.
She is violating federal law.
BATFE regulations are focused on 2 things basically. Intent and Control.
If the party who is a felon is in control of a firearm they are in violation.
If there is intent to allow a "prohibited person" access and or control of a firearm then whoever is with her is hosed.

[battle_sight_zero]

The woman in this situation has built a business into a multimillion dollar a year operation . I won't go into anymore but she has stuff together and its not fair for me to talk directly about her. Quite frankly I know several people who made mistakes when they were young and who are quite beyond ordinary people in success who can't enjoy the 2nd. I met one guy who hunts with a bow becuase of a non violent situation when he was 19. I read somewhere that felons in Colorado cant even bow hunt because the law says felons can't have weapons. The guy thinks he is obeying the law but he may not be. It's tough the man was allowed into the military after the crime served honorably for 8 years and can't even hunt. Uncle Sam sure let him shoot for 8 years. I am all about keeping shitbags away from firearms, but there are people who have really rehabilitated themselves out there. Wish the state would look at something for those people.

[cfortune]

I've often wondered this myself. My brother is currently doing some time in Colorado. I'm his only family in the area and I fear when he gets out in a few years that he might have to live with me until he gets on his feet.

[buffalobo]

Sounds like she may be one who could have success with getting rights reinstated, depending on what the felony charge is.

A little money spent with an attorney doing research on requirements for reinstatement may be good investment.

[yankeefan98121]

damn I had it all wrong then

[josh7328]

I know that this isn't directly relevant to the original post, but I believe that after a felon has served their time, they should regain their rights. I don't, however, think that somebody with a history of violence and such should be allowed to own a firearm, so don't get me wrong there. My feelings are to make payment for your crimes hell, then when you are finished, you are restored.

I have a good friend who was letting his dad stay with him in his house for a while. His dad was a convicted felon who served his time. He got drunk and accidentally burned down a structure when a campfire got out of control and was convicted on charges of arson. My friend said that he couldn't have guns in the house that weren't locked up because of that. I am not sure that he was correct, but I would not be suprised if there was some kind of restriction.

[TFOGGER]

Short of a full pardon, I believe the felon can petition the Governor for a restoration of civil rights, which does not excuse the crime (as a pardon does), but allows the person to exercise all of their normal civil rights (firearms, voting, etc.).

Edit: Interesting reading, with statute citation and legal precedents...


http://www.topix.com/forum/us/federal-court-10th/T8N6U8KK6P0G4EJCK

[battle_sight_zero]

Sounds like she may be one who could have success with getting rights reinstated, depending on what the felony charge is.

A little money spent with an attorney doing research on requirements for reinstatement may be good investment.

If the conviction was in Colorado the only one that can pardon you is the Governor. Yes a good lawyer and connections may help. Quite frankly my beliefs on some people who have made mistakes has changed. Howver if it is crime of violence no way should they get their rights back.

Can anyone answer my bow hunting question. Can a felon bow hunt in Colorado? I know this a good question.

[lex137]

What if and this is stretching, but what if someone broke in and your signiglficant other which has a felony is home and your not, what would happen if they used a gun to protect them self??? Are they just sapose to fight them of with their hands and feet?? Doesn't seem right that they aren't allowed to protect/defend family members. Not excusing people who commited murder, rape, violent crime, or a child molester.

[ruthabagah]

Short of a full pardon, I believe the felon can petition the Governor for a restoration of civil rights, which does not excuse the crime (as a pardon does), but allows the person to exercise all of their normal civil rights (firearms, voting, etc.).

Edit: Interesting reading, with statute citation and legal precedents...


http://www.topix.com/forum/us/federal-court-10th/T8N6U8KK6P0G4EJCK

^^^ This. A guy who worked for me was able to get this recently on a different matter. It cost him a LOT in legal fee though....

[spqrzilla]

I met one guy who hunts with a bow becuase of a non violent situation when he was 19. I read somewhere that felons in Colorado cant even bow hunt because the law says felons can't have weapons. The guy thinks he is obeying the law but he may not be.

That's correct, a felon in Colorado may not possess dangerous weapons, and archery tackle falls within that definition. A felon cannot hunt in Colorado, period.


Wish the state would look at something for those people.
Its called a pardon. For a very specific, narrow set of felonies involving drug possession, there is a statutory expungement mechanism in Colorado.

[DD977GM2]

If this gal is as successful as you say she is, have her petition for her rights back if this is such a big deal.
After I believe 7 years from the final day of her conviction sentance, she can petition and possible regain her rights.

[DD977GM2]

Short of a full pardon, I believe the felon can petition the Governor for a restoration of civil rights, which does not excuse the crime (as a pardon does), but allows the person to exercise all of their normal civil rights (firearms, voting, etc.).

Edit: Interesting reading, with statute citation and legal precedents...


http://www.topix.com/forum/us/federal-court-10th/T8N6U8KK6P0G4EJCK

This is was the intent of my above post. Thanks TFOG!!!!!!!!!!!!

[Irving]

If you are not incarcerated, you should have all of your rights restored imo. If you can't be reasonably trusted in public, then you shouldn't be out of prison.

[kanekutter05]

If you are not incarcerated, you should have all of your rights restored imo. If you can't be reasonably trusted in public, then you shouldn't be out of prison.

+1. I never really thought about it like that but that is a fantastic way to look at it

[Singlestack]

The woman in this situation has built a business into a multimillion dollar a year operation

The business wouldn't be a meth lab or car wash would it? If so, is the woman in question Schuyler ("Skyler") from Breaking Bad on AMC?[ROFL2]

If your name is Walt, I apologize completely and will never mention it again!

Singlestack

[Chad4000]

If you are not incarcerated, you should have all of your rights restored imo. If you can't be reasonably trusted in public, then you shouldn't be out of prison.


actually.. I agree with this too...

[FortyTwo]

I recommend:

http://forum.opencarry.org/forums/showthread.php?97048-Restoration-of-all-rights-of-citizenship-under-persons-convicted-under-Colorado-law

[SideShow Bob]

Legal Eagle would be the one to talk to, but I haven't seen him posting since the "big Crash"........
If your lady friend has the disposable cash and is willing to go through all the red tape, tell her to talk to an attorney.

[battle_sight_zero]

Legal Eagle would be the one to talk to, but I haven't seen him posting since the "big Crash"........
If your lady friend has the disposable cash and is willing to go through all the red tape, tell her to talk to an attorney.

Quite frankly as I said nothing to do with me. Quite frankly I am curious about how people get around this issue. Also believe a few bow hunters in this boat have taken up archery to hunt thinking they are not violating the law when in fact in Colorado they are.

[spyder]

If you are not incarcerated, you should have all of your rights restored imo. If you can't be reasonably trusted in public, then you shouldn't be out of prison.
I have to disagree with this. I will use my brother as an example... He's in prison for dealing, GTA, B&E's, and something to do with organized crime. He's on his fourth fellony, and stint in prison. Twice, he had a stolen gun on him (last two times). He's due to be released sometime later this year, or next year... Anyway, they have those laws to keep guns his hands (or to make it harder anyway). I think if it isn't a felony agains someone else, fine, restore their rights. Once you screw something up for someone else directly and on purpose though... You're done.

[Byte Stryke]

If she is operating a firearm she is in possession of said firearm.
She is violating federal law.
BATFE regulations are focused on 2 things basically. Intent and Control.
If the party who is a felon is in control of a firearm they are in violation.
If there is intent to allow a "prohibited person" access and or control of a firearm then whoever is with her is hosed.



this, Felon in Possession.

if she has been squeaky clean she can petition to have her rights restored.
my advice is to consult a real attorney

[Byte Stryke]

I have to disagree with this. I will use my brother as an example... He's in prison for dealing, GTA, B&E's, and something to do with organized crime. He's on his fourth fellony, and stint in prison. Twice, he had a stolen gun on him (last two times). He's due to be released sometime later this year, or next year... Anyway, they have those laws to keep guns his hands (or to make it harder anyway). I think if it isn't a felony agains someone else, fine, restore their rights. Once you screw something up for someone else directly and on purpose though... You're done.


I think what he is saying is that, perhaps the persons in question should stay in prison until such time as they can be trusted.


your brother would be a prime example of someone that could not be trusted and should just stay in until he has been rehabilitated.

[bogie]

If this gal is as successful as you say she is, have her petition for her rights back if this is such a big deal.

"Petitioning" the governor with a hefty campaign contribution may help too. BTW anybody see the news that the Looper is getting a divorce?

[Tinelement]

Pretty sure most convicted felons have a firearm.


Squeaky clean or not.


Choose your battles.

[pickenup]

foxtrot got it.


My questions are if they marry can he keep his firearms If so do they have locked up so she can't access.

This question has been brought up a number of times over the years, on a different forum.
So I wrote to the BATF about it a few years ago.
My question concerned a husband and wife, one of them being a felon, and having firearms in the home.
This was their reply.


Thank you for your inquiry to the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF). We apologize for our delay in responding. For information on prohibited persons of firearms or ammunition, go to the Gun Control Act, 18 U.S.C., Chapter 44, Section 922(g). Additionally, 18 U.S.C., Chapter 44, Section 922(d))

it is unlawful for any person to sell or otherwise dispose of any firearm or ammunition to a person who is known by that person to be prohibited. Therefore, the firearms or ammunition should not be accessible in any way to the prohibited person, no matter what relation is held. It is suggested that the firearms not be stored in the same house or domicile of the prohibited person, and would include preventing the prohibited person access to any keys associated with the storage or operation of the firearms or ammunition.
As you can see, it is only SUGGESTED that they be stored elsewhere. You can have them in the same house, as long as they are NOT ACCESSIBLE by the felon in any way.

Shooting them is DEFINITELY being in possession. Big no no.

[gnihcraes]

Shouldn't be an issue unless she is monitored/reporting to probation or parole. If all clear of those, then having them in the home shouldn't be an issue unless the PD is called for a disturbance etc.

Possession/using as stated by others is a different issue.

Don't get married, house in your name. Live together.

[spyder]

Shouldn't be an issue unless she is monitored/reporting to probation or parole. If all clear of those, then having them in the home shouldn't be an issue unless the PD is called for a disturbance etc.

Possession/using as stated by others is a different issue.

Don't get married, house in your name. Live together.
Hahahahaha that is the perfect out... No, I'm not putting off marying you honey, it's just that you're a felon and if we want to be able to live safely with the protection of a firearm, we just can't be married.....[LOL]

[Irving]

Spyder, I know lots of people who have completely clean records that I don't want to have access to firearms.

[Storm]

With regards to felons possessing firearms in Colorado, I think it's a bad idea for the owner of said firearms (as well as the felon).

There's this story (12 years old), in which a female felon on parole posed for pictures while holding firearms. It didn't work out well for her and I believe the legal owner lost his firearms.

http://www.westword.com/2003-02-13/news/bull-s-eyeful/


Also, there was another story a few years ago (in another state) where a man's son/step-son, who was an ex-felon, was residing at his residence. The father legally owned a number of guns that were locked up in a (metal) gun cabinet. The BATFE found out and raided the residence and confiscated the man's guns. I don't recall what happened to the son/step-son. Sorry I don't have a link for this story.

[Bailey Guns]

It's not quite as black and white as some of you guys are trying to make it...at least on a state level, in Colorado.

On a STATE level previous offenders charged with POWPO (Possession of a Weapon by a Previous Offender CRS 18-12-108) can raise an affirmative defense (which requires the prosecution to prove is not a valid defense beyond a reasonable doubt) the weapon was possessed for the purpose of defense of self or property. There's a standard jury instruction which is read at trial and, apparently, this can really complicate things for the prosecution.

There is also a time limit of 10 years, I believe, from the time the previous offender was completely released from his/her sentence. If it's been longer than 10 years, it usually isn't charged. (Don't quote me on this part...it's been a while since I was involved in this)

It's also REALLY rare for the feds to jump in and charge someone who's been arrested for only state charges, including the POWPO charge. The BATFE doesn't automatically charge felons with a federal violation every time someone is arrested for this...as a matter of fact, they rarely do.

There's a good article here involving a very recent POWPO case: The Volokh Conspiracy (http://www.volokh.com/2012/03/01/colorado-courts-continue-to-protect-felons-rights-to-keep-and-bear-arms/)

[spqrzilla]

The problem is that "Don't worry its seldom charged" is not legal advice, its wishful thinking.

[Sixgun]

Does said women have fake boobs? I know it doesn't matter just curious.
If she has plenty of money make her buy you a separate house( your man cave) and one house where you both could live. If she's hot, cool, money and fake boobs I put up with it. [Beer]. [Coffee]

[Bailey Guns]

The problem is that "Don't worry its seldom charged" is not legal advice, its wishful thinking.

Wasn't meant to be legal advice and I never said, "Don't worry...". It was meant as an observation of someone who worked on that side of the system for 15 years.

I would hope someone looking for legal advice wouldn't look to a gun forum first.

Also, if you had carefully read the post, you'd have seen I said it's rarely charged by the feds when someone is arrested on state charges. If you were referring to the part where I said it "usually isn't charged" I also gave a disclaimer about that, too.

[bigun1962]

Felonies are not warts or mushrooms. They just don't pop up. Cut your loses and move on. Mistakes when you are young are not felons. In 10 years you will remember this post and wish you had taken the advice.

[spittoon]

[quote=Chad4000;565941]I could have sworn that they arent even allowed in the house.....
x2

[spyder]

Spyder, I know lots of people who have completely clean records that I don't want to have access to firearms.
I do to, I'm surrounded by them (wife's family).

[Irving]

I do to, I'm surrounded by them (wife's family).

Even I hate your wife's family.