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Straight Talk The general Ex-Offender discussion forum. If you have done time, this forum is for you.

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  #26  
Old 05-31-2008, 01:39 PM
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DaveMoff DaveMoff is offline
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The definition of a firearm under Minnesota state law is so vague that it can be construed as banning possession of a slingshot, a rubber band, a squirt gun, or one's own arm if used to throw an object.

State law here also specifically exempted Swiss Army knives from the definition of "concealed weapons". The law was changed several years ago to define a weapon as "any object which could cause harm, or reasonably be construed to cause harm".

Under that definition, I'm not sure what ISN'T a weapon. Rather obviously, this is a law which was written to be selectively enforced.

Conversely, Crossman made an air-powered shotgun during the late 60s-early 70s which is now a quite valuable collector's item. More recently, a number of manufacturers have started producing 9mm air guns which deliver quite a kick. They are quite popular in Europe, where extreme restrictions on the ownership of traditional firearms have been in force for a very long time.
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Last edited by DaveMoff; 05-31-2008 at 01:41 PM..
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  #27  
Old 08-12-2008, 09:25 AM
sammy whiteside sammy whiteside is offline
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The feds have a law that says convicted felons may not have a firearm. I was working a case in prison for a friend whos mother had a key to a room. In that room was a lock box also with a key. They came for him on a armed robbery which he did with a toy gun. In that locked room and locked box was 3 guns. He went to trial and was convicted of convicted felon in possession of a firearm. MY self as a felon I would avoid this. I know here that after your off parole 10 years you can get permission from the Sheriff to control a firearm, but only in that parish.
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  #28  
Old 08-12-2008, 09:27 AM
sammy whiteside sammy whiteside is offline
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Quote:
Originally Posted by DaveMoff View Post
I should add to the above that being in the home of another person who owns firearms does not put you "in possession" of a firearm, at least in Minnesota. Being caught in a car with someone who has a gun under the seat (illegal unless the owner has a carry permit) might be very different, however. A friend who has a stayed felony on his record goes deer hunting every year--with a bow. Sharing a cabin with a bunch of guys who have guns, again, does not seem to be a problem.

Similarly, the usual ban on associating with other convicted felons is generally ignored if one is, for example, attending AA meetings or the like. Were it not so, it would be awfully hard for someone on probation or parole to find a meeting they could attend!
He was the DA in my case. He is no jk.
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  #29  
Old 06-23-2013, 04:58 PM
brandedmanswife brandedmanswife is offline
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Quote:
Originally Posted by counciller View Post
I beg to defer: i have been out of prison since 1999 (release from James Alred in iowa park, texas)...i was given 10 years for robbery and i gave the state 10 years of pure hell (recorded in annuals of (tdc/tdcj) i did my entire sentence flat (it just happened that way)...
in november of 2005 i was driving a friend’s truck (actually doing her job for her) i was snagged by the cops in euless, texas...there was a ---(said to be a gun under the seat and marijuana) quite naturally i knew nothing of the items, the car was not in my name, and my prints were not on the gun...
the gun case was dismissed (during a court proceeding), the laws i am savvy of; indicated the distinction between in one's possession and in one's presence...good case law indicates that a felon is not responsible for anyone’s possessions but his own...for instance if you are in a motel room and are subjected to a lawful search and a gun is found in the room...simply because the gun was found in the room does not make you in possession of it, if you are living with your girlfriend (and she is the person on the lease) and a gun is found via a lawful search you are not guilty of possession so long as she claims the gun, in order for a felon to be legally found guilty of possession (he or she must intentionally and knowingly possess the firearm...)
as said presence is not possession...
the state would have to prove that you knew the premises or residence had a firearm in it and that you possessed the firearm...
yes yes i know a many a lame brains who have plea bargained on pistols cases simply because they thought presence means possession, it does not...
the state has the burden to prove that you were a felon, you had physical possession of the firearm or that you intended to have physical possession of the gun...
if the gun was found in your house via a lawful search, on your person, and/or in your vehicle then the burden is on you to disprove the possession charge...

and as to a probation or parole office searching one's home (without a search warrant) well a good ole dosage of the fourth amendment should dispel that charge...


in all honesty I doubt the state would convict you on being married to a gun collector, hunter, or gun repairman…however if your state is community property state then you may want to seek legal consultation to see what can be done to preserve the sanctity of your marriage…
I would wager that there is an exception to the firearm law in your state (for married couples)…

For example texas parolees are not supposed to be in the presence of any convicted felon…
That’s a loon when most jobs given to convicted felons are ones where other felons work, most housing provided for convicted felons places one in contact with other felons, and all parole offices contain felons around one another…
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It's been a while since you posted this, but I wonder if you can help me with something. I am in law school and I have been asked to prepare a case brief about Texas Code Sec. 46.04. I cannot find a CASE pertaining to this law anywhere! Can you recommend one? Thanks!

Also, I am in this forum to get support for being involved with a man behind bars; not because I'm a law student.

Your help is appreciated!
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  #30  
Old 06-23-2013, 11:02 PM
prisonlady prisonlady is offline
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I certainly do not suggest breaking the law, and I realize that it may be better, or required, to simply not have any guns in the house at all. However, to prove that the wife has no access to the guns, it may be possible for the husband to not only store them very safely, such as in a safe and separately from ammunition, but also have a locked room to which the wife does not have the key, and protected by an alarm system to which the wife does not have the code. It is perfectly possible to have just one room protected by an alarm system (of course, one professionally installed and monitored) even if a different system, or no system at all, is used for the rest of the rooms. For those who can afford it, setting up two different homes and actually living, or meeting frequently, only in the one without guns could also satisfy the requirement of not living in a home where there are guns (of course, if the ex-felon does not have access to the second residence). Some homes may allow for the second residence to be set up in the home itself. Of course, in both cases, the apartment with guns would be protected by an alarm system.

I realize that a married couple may not wish to live that way, or be able to afford doing so, and that this may still be risky. However, if a couple had a system like that and could prove it if necessary, it would be harder to argue that they both had access to the guns.
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