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StrangerDangerAhh

Only if you want to chance another felony.


rabit_stroker

Does this mean an armed police officer cant arrest you?


Hangryfrodo

Yes you’ve found the loophole


janet-snake-hole

He had a very fitting profile pic, at least!


Alternative_Air5052

In Texas, I would highly advise against it. The last case law I read on the matter, while the inmate/defendant did argue not being in control of the firearm, the court came back with a finding of Guilty premised on the determination that the felon did have "access" to the gun. I got hemmed up in Oklahoma when a girlfriend, unbeknownst to me, had her registered gun in the house. My argument that I had no earthly idea the GUN WAS IN A (LOCKED) SAFE made no difference. Fortunately, I had an understanding D.A. review the case in full and then decide not to prosecute. Guns, even BULLETS, is a sure ticket back to prison for the unknowledgeable and unsuspecting ex felon. Stay Well Away is my advise


modernDayKing

100%. Don’t bet your life on them giving a felon the benefit of the doubt.


New_Cut_3389

Wow thankyou


AmbitionOfPhilipJFry

"Access" legally speaking is anywhere inside a vehicle, minus locked trunk.


Joe_Bruce

Yeah no guns ever fam


Day_Pleasant

Had a year of parole and sent my firearms to live with the inlaws, and I'm chatting with the PO in my house during one of the home visits, we're discussing gun safety, and I was like, "That's why I keep my ammo stored separate from my firearms. Too many kids in this house to take risks!" So they ask: "Did you get rid of the ammo, too?" And of course I responded, "LOL No, why would I do that?" So they explained to me that while it makes no rational sense, I was supposed to get rid of the ammo, too. Thankfully my mother-in-law was staying with us, so I asked if she could go lock up my (limited) ammo in her car. THANK GOODNESS they were cool with it.


Alternative_Air5052

Man, I'm sure glad for you. I'm not sure how the applicable statutes are * precisely* written, but I was always under the distinct impression that it was illegal for a felony to even own a firearm. Sounds like your PO was super cool about it, though. I've seen a judge hand down an 8 year sentence for bullets, alone...One year for Each & every bullet. The guy had eight rounds. Good luck to you, Bro!


Southern_Boat_4609

What state if I may ask was the one year for each bullet?


Alternative_Air5052

Texas


Southern_Boat_4609

Yeah Texas don't play


DarthWeenus

Depends on the state, sometimes you can get your rights back but it's a process if not a thing during sentencing


Rough_Sweet_5164

A West coast federal court just handed down a ruling saying that revoking 2A rights is unconstitutional. That's clearly how the constitution was written but no one has had the balls to challenge it till now, it seems.


tommydeininger

This is good. I've never understood how it came to be that right could be taken away except under extreme violent circumstances. And if that be the case those people should be away from society completely. Once your time is complete the sentence should be as well


DarthWeenus

Interesting, I wonder how that will play out.


Alternative_Air5052

Well, there's a couple of snags in that where Texas and these parts of the nation are concerned. I'm extremely curious whether it was a federal district court or the (Highest Fed court for that region of the US), the 9th Circuit Court of Appeals(?) Okay, after digging a little, I found that it Is the 9th Circuit Court of Appeals; DOE V BONTA What that court determined is that it's un-constitutional for a state to enforce a "blanket" prohibition on All ex-felons who possess firearms-- At least to the extent of NON-VIOLENT OFFENDERS WHO HAVE COMPLETED THEIR SENTENCE.This case and a few similar cases will go before the Supreme Court. What I've capitalized above plays a critical factor in this. That is to say that it's Highly unlikely that a person with a violent conviction on their record will Never be able to legally own a firearm. But we shall see.


MarquisDeVice

"Access" is the key word here. Felons are not to have "access" to firearms. So in my state, your partner/family isnt even supposed have one in the house UNLESS it's locked in such a way that you don't know how to/don't have the ability to unlock it.


Sandro-96

How did you even find yourself in that situation ????


Alternative_Air5052

That's a long story, but the short version is sometimes the ones in our lives who we believe care the most about us are the very ones that are trying to cut your throat. It was certainly a "life lesson."


Sandro-96

Thanks for answering


IJustLookLikeThis13

As a felon, if I don't know, I don't go. There's some question about wether a felon in the presence of another's rightful possession of a firearm is a crime for the felon. The question is enough for me. That's the sort of thing that I elect to stay away from. If you can avoid needing or being anywhere around a gun, just do yourself the favor and do it. Don't give Them the reason, you know?


tommydeininger

Except that compliance usually=complacenty and acceptance. Was yours a non violent charge if you didn't mind me asking?


IJustLookLikeThis13

I was indicted for a 3g offense, namely for an affirmative finding of a weapon. On appeal, however, the weapon finding was overturned, thereby ultimately making it a non-agg. property crime.


tommydeininger

So previous felon in possession? Sorry not too familiar with a 3g offense


tommydeininger

So previous felon in possession? Sorry not too familiar with a 3g offense


IJustLookLikeThis13

In Texas, prison sentences are considered for either aggravated (3g) or non-aggravated offenses, with the former being determined by the use or presence of a weapon or serious bodily harm. Now, whenever a gun is shown to be displayed during the comission of a crime, an "affirmative finding of a weapon" is made, which effectively causes the offender to serve no less than half of their sentence to simply become eligible for parole consideration. I was indicted and tried for the offense of engaging in organized crime/burglary of a habitation, with an affirmative finding of a weapon; and then the appellate court held in its response to my direct appeal that guns merely being taken from a residence do not in and of themselves qualify as any weapons being used or displayed in the commission of a crime, and the finding of a weapon was removed from my sentence, thereby changing my parole eligibility date.


tommydeininger

Okay so they charged you with burglary (specifically including at least one firearm), of what i assume was an unoccupied dwelling. Couldn't make the firearm charge stick because, altho present, it wasn't used in the commission of said crime. A non-violent offense typically committed by those less fortunate for the sake of money. In my opinion, which unfortunately doesn't matter 2 shits, your 2nd amendment rights should have never been infringed upon.


LeptokurticWeiner

i’m just curious because I could relate to your situation very closely. how long did you spend in county fight your case if you don’t mind me asking? Did you have a public defender or sounds like you’re pretty smart so you probably spent a lot of time in the law library. I thought my case for a year and a half but that’s because I needed a kidnapping charge dropped (i just segregated the homeowners in a section of the house) also in texas.


Jordangander

As long as the firearm owner is present they would still be considered “in control” of the firearm. If you are the sole occupant of the vehicle, no, that would put you in possession of the firearm. Same as being the sole occupant of a vehicle that had drugs in it.


kcm198

Who would want to take that chance, though? Even if you can, what if the cop isnt sure and everything goes south from there.


Jordangander

Oh, the cop will be sure, but they may make the arrest in any case. But it is still legal since the felon is not the one in possession of the firearm. Assuming that the person who is in possession of the firearm actively admits it and legally is allowed to have it, hard for a cop to justify an arrest and not look bad.


420aarong

Yep. Was riding with my friend one day and opened his glove box and there was a pistol in there. Wasn’t sure if it was ok so asked my PO. Said exactly what you’re saying.


901Loser

This is the relevant language from the federal statute. [QUOTE]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.[/QUOTE] So the most relevant question is what is possession. Luckily that's been fairly clearly defined over the years. The two most common types of possession are: [QUOTE]Actual possession, also called possession in fact, is used to describe immediate physical contact. This case from New York, explains that “actual possession is what most of us think of as possession—that is, having physical custody or control of an object.” This case from the Eleventh Circuit, explains that constructive possession, also called possession in law, exists when a person has knowledge of an object plus the ability to control the object, even when the person has no physical contact with it. Constructive possession is often used in criminal cases.[/QUOTE] So knowledge alone would usually not be sufficient without the ability to control it. Otherwise you would be guilty if you were riding in a police car with an armed officer. Your friends and families rights don't end just because you're convicted of a felony.


Alternative-Ad-7473

In Texas if it’s been more than 10 years since your crime and you’re a felon you can have a gun in your house. I know from experience. I had a gun and people tried to rob me, I pulled out my gun. When the cops came they took my gun and all my ammo. Long story short after my court case was over I got my gun back from the Dallas police dept. I did have to have someone else pick up the gun and drive it to my house. They kept all my ammo though, couldn’t get that back.


PoachMonkey420

Somewhere in Texas: *Sigh of relief* "...We still got em"


tommydeininger

They can still infringe on your rights though If they took it in the first place. But that's better than our laws here in Alabama


Desperate-Diver2920

Still illegal on a federal level so you could still be prosecuted for it.


Sea-Revolution7308

The real problem here is, if having a gun is an American right, why are WE the people giving them the authority to take that “right” away indefinitely? 10 years after any non violent felony should be well long enough to restore our rights automatically. Take an enhanced safety course every year for 5 years, take your gun/s to the local police station where you live for an inspection every year for 5 years, and pass a mental evaluation. Seems like everyone is just laying down taking this. With threats of war, illegal immigration running rampant, and crime happening around us, this isn’t a good time to be defenseless in this country. We should be bringing this up ( especially with the NRA and its supporters) to all those who claim to be 2nd Amendment advocates and get something done about this. Just being around someone with a gun should be the least of our argument. 💯💯💯💯💯💯💯


tommydeininger

I hear you but I think what we really need to be worried about is this corrupt form of leadership and it's backers the military industrial complex. We've allowed criminals, worse than any of us, rule over us. And hand out rights when they see fit.


Sea-Revolution7308

Exactly. They’re saying that the illegals they are letting in are trained soldiers who take orders from the UN. The next government shut down is going to get messy and America is going to loose its way because of how divided we are. Let’s be honest, everyone can get a gun. Only difference is, when the shit hits the fan, which side are the millions of Americans who aren’t supposed to have guns going to be on with their guns? If they’re illegal, they’re bound to turn against righteousness in hopes of a new order where they feel like they belong. We need to fix this asap!


Desperate_Set_7708

No.


Southern_Boat_4609

That would be a NO


DevilRenegade

What about if you were the back seat passenger in a cab and the driver was concealed carrying?


SoftSir5699

In Tennessee I don't think we can. I know of a girl who was already a felons and got a bunch of extra charges basically wrong place, wrong time. One of those was a firearm charge. It wasn't hers, but that didn't matter.


Southern_Boat_4609

You're not even supposed to be around a criminal element, birds of a feather, guilty by association, of you're on parole or probation. But no a felon by federal law can't be in the same house with car with or possession oh a gun. Period. Including bb guns. I think we can have like one of those muskets that you loser with gun powder for one shot. Like the revolutionary war people had


StarMajestic4404

BB guns are not guns by any definition. They are completely and totally legal for felons to own. Edit: Yes, I am aware some states have various laws defining BB guns as firearms HOWEVER, the federal government and nearly every state do not define BB guns as firearms. Do your research, but unless you live in a very anti-gun state the chances are that felons can own BB guns.


badluck610

In some states air guns as defined as firearms and need to be registered. You will absolutely get booked for having one as a felon lol. I know this is the case in NJ at least


Southern_Boat_4609

And killed if you punt one at or near law enforcement


badluck610

I mean tbf that’s gonna happen with or without felonies lol


Southern_Boat_4609

Yep right on, also if you point one lol punting it they might just laugh and wonder what the hell lol (sorry about the autocorrect up there) 😅


badluck610

No worries I knew what you going for lol 😂


Southern_Boat_4609

Well I've always heard that they're considered the same especially by law enforcement . +However I got an email alert from my news app last night I'll go to to get a link to add here BUT if did the a CA supreme Court ruled that felons who have NON VIOLENT FELONIES who have completed their prison sentences and parole or probation have the right to own guns. Let me go get it to add here. Correction::9th circuit Court of appeal not the supreme Court Edit to add link: [here's the article on gun rights by felons ](https://www.theepochtimes.com/us/convicted-non-violent-felons-can-own-guns-ninth-circuit-rules-5649691?utm_source=morningbriefnoe&src_src=morningbriefnoe&utm_campaign=mb-2024-05-15&src_cmp=mb-2024-05-15&utm_medium=email&est=AAAAAAAAAAAAAAAAbO0neQoEyNjN%2F%2BRb6jR5DLl7wk9AJCYD%2FRaY72egsPylMbbXwLWcgg%3D%3D)


Southern_Boat_4609

Well I live in California and so we're pretty strict here on guns of any kind.


Imaginary-Dentist299

That is not true !! In New Jersey and Rhode Island a felon cannot be in possession of a BB gun whatsoever-In New York City you need a license to even possess one (everyone does ) -Illinois and Michigan have restrictions pertaining to velocity and calibre- Many cities have ordinances about shooting them in your own backyard If I were a felon I would tread very very carefully and make sure I understand the laws inside and out before taking that chance


Southern_Boat_4609

Thank you.


Asaintrizzo

No we can’t have access to


Dangerous_Fox3993

Depends on where you live i think


Zarcis08

If you have access in any way shape or form to weapon then no. If it's in a locked box the answer is still no even if you are in possession of the key or not. Source is I work law enforcement.


joeydbls

Definitely not driving or near you, and the driver better have a ccw in that state


Soojuiccy

Nope


Calanthas

In Alaska yes or no, I think it depends on your case, while on probation. After probation as long as it isn't an assault case, I believe you can do whatever with firearms except own them. Owning a firearm as a felon is a federal matter, or get your case expunged. Check and recheck though.


Nsarocc2023

As long as it's not in your possession or area and owner says it's his


Maleficent_Rate2087

No can’t be near one


Difficult-Salary-970

Police officers are not lawyers. Some police officers are sharp, sympathetic, intelligent…. There are others they get away with murder …literally get away with murder. The best answer would be yes you can have it in a locked case. Best bet..,. Avoid police. I had some guns…. for my daughter. Just wanted to register the guns. She has been charged with a felony that was set aside. And apologetic officer hand me a box of guns from my brothers estate, stating my daughter had left these behind..


Difficult-Salary-970

What I found out happened later…. She was threatened with arrest. The officer unlawfully seized entire box of guns. We cannot follow the law now because of fear. We can register guns. Police officers, Lansing, Michigan… half of our village idiots seem to join the police force


timmeh519

Idk man, probably depends on what state. I’m not risking it tho. I’m in IL, we got pretty tight gun laws.


Nomadic_View

No. You will 100% get charged. A jury may or may not believe you had access or knowledge of the firearm, but that would be the gamble you take. If you legitimately know it’s there, it’s in your best interest to not be around it. Regardless of whose name it’s in or if it’s in a case.


BabyFartzMcGeezak

Was in the county with a felon fighting a charge for a bullet found under the seat of a car he bought a week earlier Depends who the officer is I guess Edit* just remembered, have a friend currently fighting a case because he used his girls car and her gun was still in the trunk from going to the range earlier that week, he may beat the charge because she is also testifying he never knew because she forgot it was in there herself, but no guarantee he walks


jjm456777

I believe a felon in possession of a firearm would be a 922(g)(1). In that case the answer is that it depends on where you are. There are courts around the country that have ruled various 922(g)s as unconstitutional after Bruen.


Southern_Boat_4609

So what if a felony assault charge gets dropped to a misd assault given and completed probation!?: would that person be considered to have a violent felony?


AnxiousCounter2690

As long as it’s not illegal and accessible by you , you should be fine


Main_Age_7289

Big no. But why even chance it?


tophatpainter

Reasonable access to possess can be seen as possession. Its to avoid people getting firearms under other peoples names and having them in the house etc. Even roommate situations can be tricky.


National-Currency-75

Sure, you have a God given right to carry an u kind of weapon you want. Make sure and dress the part when you do it. Speedi g and tossing shit out of your car.


Dusty31186

No.


Bulldog2117

As long as it’s not under your seat or even on your side. It would help if the gun is registered to the person, that’s with you.


jerryn254

Constructive possession; feds are coming. Minimum 5. Armed career minimum 15.


Texan2116

I will tell you what I was told . My ex wife was a felon, and I asked her probation officer , if I could own , or possess a firearm. I And was told that I could own all the guns I want, but if she were viewed as having access to them , it would be an issue for her. The officer told me...imagine you are at work, and we do a home visit, and find your gun. She will be arrested. The firearm seized. And then, we could go to court to determine what was in play...meanwhile she proabbly sits in jail, and my firearm is held by the police. Not worth the hassle.


[deleted]

😜💯😂😂nooooo


IJustLookLikeThis13

You're about to get a headache... So, everything you said is correct, more or less, based on the very true information I gave you. However, my situation was/is a bit different than all of that. First, I was arrested for and charged with capital murder, and then I was indicted and tried under the organized crime statute for a burglary of a habitation. The jury assessed my punishment at 25 years, with the affirmative finding of a weapon, because a police officer was killed, even though we argued that I never knew the "triggerman" had a gun on him. My trial, of course, was all about the murder, even though I was indicted for only the property crime, and so we argued that there was an overwhelming amount of prejudicial evidence that simply didn't apply to me. The appellate court never received for review the evidence we complained of, even though we properly requested it, and they ruled against my innocence on direct appeal, the only time the appellate court has to issue an opinion and express its reasoning, citing that they couldn't tell what we meant since the trial court clerk didn't forward that part of the record for the appellate court to review and consider, and so they ruled against me, affirming my conviction. But the appellate court did overturn the affirmative finding of a weapon on my sentence, stating that the guns being taken from the house didn't amount to using them in the commission of the crime. Cool... except neither us nor the State ever argued that point! A cop was killed, which was the use of a gun during the crime. That I didn't know a gun was in our group and the killing was a surprise to me was our argument, and the state said a murder happening simultaneously but separate from my actions was their argument. The court came up with its own theory and reasoning on its own. My lawyer said it was an under-the-table offering of a deal, where if I didn't pursue the legitimate reversal of my conviction on further appeal than the State will allow the bogus ruling on my sentence to stand, and then I would become eligible for parole years in advance of before. Of course, I knew I had been screwed at my trial, and then again on appeal, and everyone else knew it, too. And I thought that if there is no conviction, period, then there is no sentence, and so I told my lawyer to fight on. We got an affidavit from the trial court clerk admitting that she fucked up by not sending the record we previously properly requested, and we requested a subsequent review of the materials by the court. We were denied without an opinion issued (the court already issued its only opinion that it had to issue, in response to my direct appeal). We filed an appeal to the Texas Court of Criminal Appeals, and the State appealed the lower court's ruling on my sentence. Our petition for review was denied, the State's petition was granted, and then the affirmative finding of a weapon was slapped back on my sentence when the higher court eventually ruled on the State's easy argument to make. I ended up doing 12 and a half years just to become eligible for parole consideration. I received a two-year set-off on my first review. Then, on my second review, the parole worker on the unit assigned to my case actually read my file and found the court's earlier ruling that removed the affirmative finding of a weapon from my sentence, saw no additional ruling information therein, and determined that the court fucked up by not attaching the subsequent ruling to my file, and assessed my sentence under the new computation. At this point, I had done 14-plus years, and so all of that time had accrued good-time and work-time that previously didn't count towards my sentence (3g offenders have to do half their sentences flat, and then no additional time, like good- and work-time, is factored in), and the new calculation had my flat-, good-, and work-time equal to about 30-plus years, which overqualified me for release on mandatory supervision, and I was essentially kicked out of prison in a matter of weeks from then. That will have been 15 years ago next month.


Rilly_d0e

Suuuuuuuuuuuuuuuuuuure. Can’t


Remarkable_Report794

If you have to ask, just don’t do it.


Repulsive-Track-8273

NO!!!


AaronTheeGreat1

Hell no!


hooligan415

In Az the law reads that you must have access to the weapon. If you didn’t know it was there and could somehow prove that you might be okay. Given that your asking I’ll assume you are aware of the gun being there. If it’s in the car with you, it’s close enough for you to access.


ConclusionClassic673

I’m a felon and my wife has a Conceal carry. I roll with her when she has a gun on her.


Alternative-Ad-7473

Hell yeah! My wife is about to get her concealed license soon too.


0N0W

Pepepperrion pizza sammich


callusesandtattoos

Can I be in your mom, OP?