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  #26  
Old 05-31-2008, 01:39 PM
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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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  #27  
Old 08-12-2008, 09:25 AM
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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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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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  #31  
Old 09-21-2015, 12:10 AM
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Y would u move to Mexico to stay a way from gun and Mexico is full of gins ������������������
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  #32  
Old 09-21-2015, 12:15 AM
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Y would u move to Mexico to stay a way from guns wen Mexico is full of guns every were u go
I'm mean Mexico prob have more the USA
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  #33  
Old 09-21-2015, 07:18 PM
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I'm mean Mexico prob have more the USA
give it up - the thread's from 2013
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Old 09-02-2016, 04:55 PM
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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!

Hello were u able to get in touch with this person. I also would like to know more on this law
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  #35  
Old 09-02-2016, 09:51 PM
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Originally Posted by Christinaooo View Post
Hello were u able to get in touch with this person. I also would like to know more on this law
Here are cases involving that law- http://www.txcourts.gov/All_Archived...ns/073301a.htm

http://law.justia.com/cases/texas/co...009/18808.html

http://www.txcourts.gov/All_Archived...1/299463CR.pdf

http://www.leagle.com/decision/19981...E%20v.%20MASON

Not sure if any of these apply to the situation you need but it might be a start.
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  #36  
Old 01-30-2018, 12:03 PM
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The loss of that right isn't a closely guarded secret. It's been that way for a LOOOOONG time. That's one of the things people gamble away when they decide to do whatever they think is worth the risk.

Lots of people who have never been to jail don't like guns and have none in the house.

Felons can guard their house like anyone who, for whatever reason, has no guns in the house. Alarm system (doesn't have to be elaborate - just loud), barking dog, good locks on the doors, motion sensor lights and alarms (these aren't expensive), etc.

I don't mean to sound insensitive - just straight talk.
Yeah, because, you know, every person convicted of a federal felony is guilty, there aren't any innocent people sent to jail.

Sometimes, no decisions are made that put a person's liberties at risk.
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  #37  
Old 01-30-2018, 03:16 PM
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Some places, for example out in the countryside or in some states I've lived in, every home has guns.

I've been wondering how a returned citizen who lives in one of those places stays out of trouble. It doesn't sound like a winning rental application to say "I'd like to rent a room in your house and you'll need to get rid of all your guns". Even family might not want to disarm themselves to make their home legal for their loved one with a record.

An apartment in an apartment complex seems like the only answer for someone who can't afford to buy a place.
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  #38  
Old 01-30-2018, 07:10 PM
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The proposed law to reinstate gun rights to some felons has apparently been added to a thousand or so page appropriation bill. The law will eventually pass, but that part of it may be long gone after amendments and House/Senate reconciliation, which happens when the house & senate bills are at all different.

I couldn't even find it in the massive bill, but the sponsor's web page talks about minor crimes that were committed many years ago, so I bet it will be very limited relief. (aren't minor crimes supposed to be misdemeanors? Not here in the land of felony crimes.)
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  #39  
Old 02-08-2018, 10:27 PM
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So what happens if a gun owner is convicted of a crime. Does he need to sell all his guns or the police will confiscate it?
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  #40  
Old 02-08-2018, 10:39 PM
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So what happens if a gun owner is convicted of a crime. Does he need to sell all his guns or the police will confiscate it?
It depends on whether or not the guns were used in the crime committed as to whether or not they will be confiscated. Regardless, the person would have to get rid of them and couldn't be in possession of them even to sell them. Would be best if friends or family got them out of their house before they got finished with court proceedings.
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  #41  
Old 04-09-2019, 07:53 AM
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Default Weapons when visiting relatives/friends

I know this is an old thread, but in AZ, where the felon is living with me -

My son on probation in 2011 for "party to a crime", I could not have any weapons in the house, to include guns, knives, spears, bow, BB guns.

He gets out of prison soon and I met with the parole officer. Same rule. I asked the officer what happens if we are at a friend's or relative's residence visiting, such as a holiday dinner, and they have weapons. The response was that if someone pulls one out or has it in plain view, he needs to leave immediately. If the hosts have weapons such as for home protection, presumably it is in a room that is not generally accessed during the holiday meal visit, then he is ok. If they are a collector and the weapons are on display - eat our holiday dinner at Denny's.
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  #42  
Old 04-09-2019, 01:03 PM
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Quote:
Originally Posted by lizlizzie2 View Post
I know this is an old thread, but in AZ, where the felon is living with me -

My son on probation in 2011 for "party to a crime", I could not have any weapons in the house, to include guns, knives, spears, bow, BB guns.

He gets out of prison soon and I met with the parole officer. Same rule. I asked the officer what happens if we are at a friend's or relative's residence visiting, such as a holiday dinner, and they have weapons. The response was that if someone pulls one out or has it in plain view, he needs to leave immediately. If the hosts have weapons such as for home protection, presumably it is in a room that is not generally accessed during the holiday meal visit, then he is ok. If they are a collector and the weapons are on display - eat our holiday dinner at Denny's.

His parole officer gave you the best advice you could get on this issue. Now here is some other things to look at also. When you are a guest at someone's house just make sure the police aren't called Keep the family fighting to a minimum and you will not have any issues about firearms or weapons. If you feel like there is going to be a family issue just leave. I did parole three different times. I never put anyone out about their weapons in their house. We also never had the cops at the house while I was there. Do not make a big deal about weapons at other peoples houses unless you have a troubled relationship with them then stay away. The same goes for drugs and alcohol
My family and extended family all knew I had been to prison but none of my crimes were against my family members, so there was never no issues if there was firearms in the house when I came over.(even if I was on parole)I kept my parole issues to myself and learned to live with it,
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  #43  
Old 04-09-2019, 01:53 PM
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You have federal law, which strictly prohibits felons from owning "firearms" (except, they don't consider "black powder curio" guns firearms. Pretty stupid, but as a felon, I'm happy about it. Then you have state laws, many of which definitely do consider a black powder curio gun to be a firearm. THEN, apparently now, the State of Texas is allowing felons after 5 year (I think) to have a modern firearm in their house. I can't find it right now, but I came across some legal info that the feds are now deferring to the state. So, if Texas allows felons to own guns at home, the feds won't prosecute.

Don't take this as legal advice though. Anyone with a felony conviction owes it to themselves and their loved ones to thoroughly research it, and get legal advice if you want to take the risk.

One thing I'm 99% confident on is: When on felony probation, guns shouldn't be anywhere said felon can "constructively" posses, or access it. If he / she is towing the line, chances are a listed residence won't ever be "shook down", but still.

When I was on federal probation, and had moved back into my parents house after 'halfway house', I'm pretty sure part of the 'deal' was my federal PO / half-way house minder could search their house. IF anyone refused, I'd have been back in custody.

It's been a LONG time, I'm happy to say, so some things may have changed.

I hope one day they end up 'funding' the BATF / Department that has always been charged with restoring a felons rights. Should violent felons own / us guns? Absolutely not. There are so many others that are not violent and deserve to have their rights restored after they serve the time and probation. Of course, just my opinion.
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  #44  
Old 04-10-2019, 12:03 PM
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I will add as a side note, my ex- lived with her sister and brother in law and their kids for about 8 months in the first couple of years after she got out (the remaining time at her parents'.) They are military (sister honorably discharged due to medical, brother in law currently active.) In their case, guns could be in the house but obviously had to be stored and she could not stay in the room in which the guns were stored or have access to the storage (which was kept locked.)


Bear in mind, of course, that this is in California, but the advice was given by someone with high ranking within the Navy, so I assume there may be a Federal guideline that they were following as well.


As a general rule...it's not a good idea to have guns in the house if someone is on Supervision and the house is subject to search. If you must have guns for some reason, you should speak with the supervising agency to see what is and is not allowed. If uncertain, always good to err on the side of caution though and perhaps store the guns elsewhere until confirmation of what is/is not allowed is received.
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Old 04-10-2019, 02:59 PM
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The complicated issue is the federal law. It is possible to have your right to own guns restored by a number of States, but the only way I know of (BATF refuses to reinstate anyone's rights to own firearms although they are charged with doing so) after any federal felony is a Presidential Pardon that removes the felony conviction from your record.

Otherwise I could legally hunt in Alaska etc. but be subject to a federal felony charge of "felon in possession" at the whim of any assistant US attorney/prosecutor.
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