Can he get in trouble?greenspun.com : LUSENET : TimeBomb 2000 (Y2000) : One Thread
I have a quick question regarding laws and guns. Last year my brother in law bought a shotgun to protect his family if y2k gets bad. He purchased it at a store and filled out the yellow batf form, but on it he stated he was never convicted of a felony.
He was convicted of a minor felony about 30 years ago and now wonders if the government will try to track felons down that far back. And can he still get in trouble for having the gun?
-- Roberta (firstname.lastname@example.org), January 28, 1999
I don't know how far back they check. However, I do know for a fact that they do check and in Arkansas you can be charged for felon in possession of a firearm. Had to bail a friend out of jail about two years ago who was pulled over for a blown out tail light, cop did the usual check on his license and there was the warrant he was carted to county jail. He'd been convicted of a felony under the "First Offenders' Act" in Arkansas (under this act your record is supposedly expunged after a period of time). As it turned out, he'd pawned a gun for friend who didn't have a drivers license. His friend went to court with him and he was given probation for it, but spent 2 days in county jail, not to mention bail and lawyer costs.
-- Other Lisa (LisaWard2@aol.com), January 28, 1999.
He was convicted of felony in 1989 and pawned the gun in 1997. So apparently they do go back at least 8 years.
-- Other Lisa (LisaWard2@aol.com), January 28, 1999.
As Ayn Rand had one of her characters in "Atlas Shrugged" say (loosly paraphrased): "We have no hold over innocent men. We make laws so that you will be guilty."
-- a (a@AisA.com), January 28, 1999.
to comment on what "A" said
It's funny how little it takes to get sent to jail these days and how hard you have to work to stay out of them.
-- (email@example.com), January 28, 1999.
It is a sad state of affairs when this question has to be asked. On the brighter side the California courts upheld Berretas rights over a the court case sueing them for not providing a bank vault access to the trigger on their guns today. they held that the owner of the gun is responsible for controling access to the gun. Have your brother in law purchase his guns through the private market in the future with no paperwork. Registration is the first step to confiscation. The second amendment was put in place so that the American people would have the arms to over throw the American government if they exceeded their constitutional bounds. They have been doing this for at least 50 years, and the piper will be paid.
-- Nikoli Krushev (firstname.lastname@example.org), January 28, 1999.
If he has the gun in his possession, it is his. Quit worrying about the petty stuff. Your brother is no criminal, just another citizen who is trying to protect his family. Don't forget, we have a President on trial for perjury and on the verge of being ousted, which one is worse?
-- ~~ (~~@~~.com), January 28, 1999.
Roberta: Did your brother buy the shotgun *after* the Brady Bill background check for all retail long gun sales went into effect in November (?) or before? If before, why was he filling out a batf form? Brady didn't cover long gun purchases until this past fall, and the background check is done by the FBI, I think. If after, he obviously passed the background check before they gave him the firearm. You say a "minor felopny." How minor and would it be judged a misdemeanor today? Was it in his current jurisdiction? Criminal records that old often aren't in l.e. computer files and so wouldn't turn up unless your bro gets arrested for something new and they do a complete rundown on him, paper and electronic.
-- Cash (email@example.com), January 29, 1999.
technically, yes he's just committed another felony. Will he get caught? hard to say, but I would point out that if that's your real email address you just gave hostile lurkers a clue where to begin their search. Recommendation: do a G. Gordon Liddy. Due to Mr. Liddy's previous federal conviction he's no longer allowed to own firearms, though he'll be the first to tell you that his wife now has a rather substantial collection of high quality firearms - get it?
-- Arlin H. Adams (firstname.lastname@example.org), January 29, 1999.
If he has it in his hands when they come for him on something else, it is just another fellony possession.
-- Chuck, night driver (email@example.com), January 29, 1999.
I know a felon who was arrested and he put his guns up as part of bail! Go figure!
-- !!! (!!@!!.com), January 29, 1999.
Roberta, I think technically your brother committed at least three Federal felonies. 1) Lying on the BATF form - perjury, 2) Posession of firearm, 3) Posession of ammunition. Not that the Feds actually bother to enforce any of these laws, mind you...
As to your brother's actual crime, it does depend on whether or not it was a felony or misdemeanor. If he committed a non-domestic-violence misdemeanor, then he does retain the right to own a gun.
If your brother is smart he will say the gun belongs to his wife (gf, roommate, houseguest, whatever).
-- Melinda Gierisch (firstname.lastname@example.org), January 29, 1999.
You said: "Not that the Feds actually bother to enforce any of these laws, mind you..."
Sometimes they do. If they want YOU for whatever reason, they can most likely find SOME law you've broken.
Read my comment re "Atlas Shrugged" by Ayn Rand, above.
-- A (A@AisA.com), January 29, 1999.