GUN Just to make sure I'm right...

Discussion in 'On Topic' started by Gimik, Sep 1, 2007.

  1. Gimik

    Gimik New Member

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    A friend of a friend wants to go hunting. He has a class 3 felony (2nd degree burglary) in Texas (he's in AZ now). According to federal law, he's inelligable, right?

    Ineligible Persons

    The following classes of people are ineligible to possess, receive, ship, or transport firearms or ammunition:

    Those convicted of crimes punishable by imprisonment for over one year, except state misdemeanors punishable by two years or less.
    Fugitives from justice.
    Unlawful users of certain depressant, narcotic, or stimulant drugs.
    Those adjudicated as mental defectives or incompetents or those committed to any mental institution.
    Illegal aliens.
    Citizens who have renounced their citizenship.
    Those persons dishonorably discharged from the Armed Forces.
    Persons less than 18 years of age for the purchase of a shotgun or rifle.
    Persons less than 21 years of age for the purchase of a firearm that is other than a shotgun or rifle.
    Persons subject to a court order that restrains such persons from harassing, stalking, or threatening an intimate partner.
    Persons convicted in any court of a misdemeanor crime of domestic violence.


    He only received parole, and that was over a while ago, but it looks like from the wording that if the crime is punishable by over one year (his is up to 3.5 years) in prison, he's ineligible, right?

    He's tried calling police, the ATF, and the FBI, and the most he's gotten is "Call a lawyer". I told him i didn't think it was a good idea for him to go. :dunno:
     
  2. no7fish

    no7fish New Member

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    I would say that by the letter of the law you are correct. Don't you need a hunting license? If so then just see if they'll give him one....?
     
  3. Gimik

    Gimik New Member

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    he's got a hunting license, but I'm pretty sure they don't check anything when they issue those. ($80 though. ouch)
     
  4. Gimik

    Gimik New Member

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    and I'm sure if he's got a hunting license, and not doing anything fishy, he won't have any problems, but I wanted to tell him that he's taking a chance if he does that.
     
  5. RonJeremey

    RonJeremey OT Supporter

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    I'd say he's taking a chance... And I don't know the legal ramifications of you giving him a gun to use...
     
  6. Gimik

    Gimik New Member

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    oh, I'm not anywhere near it. I sure wouldn't give him a weapon to use.
     
  7. RonJeremey

    RonJeremey OT Supporter

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    Ahh ok, I guess i misread it.... In that, tell him he's at risk, and to have fun, and to stop knocking over people's houses before he gets shot! :wavey:
     
  8. Thunderbear

    Thunderbear Yggdrasil's Forester.

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    Depends on the AZ definition of possession.. if possession = in your hands, then he's fucked. If possession has legally determined to mean ownership only, then he might have a chance.

    He should contact a lawyer anyway to see if there's any way for him to restore his rights.
     
  9. Gimik

    Gimik New Member

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    yeah. what I told him was:

    It looks like it's illegal. Everyone seems to think its probably illegal. I wouldn't chance it (but he'll probably try it with a license and just cross his fingers). He should talk to a lawyer to make 100% sure and see about getting his rights restored.
     
  10. Soybomb

    Soybomb New Member

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    Absolutely correct:
    18 U.S.C. 922(g)
    (g) It shall be unlawful for any person—
    (1) who has been convicted in any court of, a crime punishable by imprisonment for a term exceeding one year;
    (2) who is a fugitive from justice;
    (3) who is an unlawful user of or addicted to any controlled substance (as defined in section 102 of the Controlled Substances Act (21 U.S.C. 802));
    (4) who has been adjudicated as a mental defective or who has been committed to a mental institution;
    (5) who, being an alien—
    (A) is illegally or unlawfully in the United States; or
    (B) except as provided in subsection (y)(2), has been admitted to the United States under a nonimmigrant visa (as that term is defined in section 101(a)(26) of the Immigration and Nationality Act (8 U.S.C. 1101 (a)(26)));
    to ship or transport in interstate or foreign commerce, or possess in or affecting commerce, any firearm or ammunition; or to receive any firearm or ammunition which has been shipped or transported in interstate or foreign commerce.

    18 U.S.C. 924(a)
    2) Whoever knowingly violates subsection (a)(6), (d), (g), (h), (i), (j), or (o) of section 922 shall be fined as provided in this title, imprisoned not more than 10 years, or both.
     

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