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What are the restrictions on convicted felons?
I know they can not vote, or own a gun, but what other restrictions are there? Also, can they be in possession of a gun, and what is considered "possession"?
Background, a friend of mine just recieved a guilty verdict on a felony charged. Ive asked a few questions about this particular person if you want to know a little more. Anyway, when released from jail, if he moves back home, his girlfriend owns a gun she keeps for protection. Can he live there, or will she have to get rid of her gun? It is registered to her, it is in her name, she purchased it years ago.
Thanks in advance, from me and her.
6 Answers
- Larry RLv 61 decade agoFavorite Answer
The rules vary from state to state.
For example in some states Felons CAN vote. (I know that sounds stupid... I mean if somebody refuses to follow the laws why should we let them have a vote in deciding who makes the laws? Still the Democrats have been quitetly pushing to let fellons vote for several years now. They don't want to push too hard (the idea that most felons would vote Democrat doesn't help their image with the rest of the voters) but with elections as close as they have been they want every vote they can get...)
I was going to say that your friend would have to get rid of her gun. "Possession" is pretty loosely defined in the law.
POSSESSION - A person has possession of something if the person knows of its presence and has physical control of it, or has the power and intention to control it. [More than one person can be in possession of something if each knows of its presence and has the power and intention to control it.]
The law recognizes several kinds of possession. A person may have actual possession or constructive possession. A person may also have sole possession or joint possession.
A person who has direct physical control of something on or around his person is then in actual possession of it.
A person who is not in actual possession, but who has both the power and the intention to later take control over something either alone or together with someone else, is in constructive possession of it.
If one person alone has possession of something, possession is sole.
If two or more persons share possession, possession is joint.
That being said, you will have to see if your friend the fellon is banned from OWNING a gun or POSESSION of a gun. This is where that whole "varies from state to state" thing comes in. If he is banned from owing a gun, your girlfriend could keep the gun. If he is banned from posession she probably can't.
If I recall correctly G. Gordon Liddy is a fellon, (Watergate conviction) but he can still go shooting because his wife owns the family gun collection.
Source(s): http://www.lectlaw.com/def2/p057.htm - Anonymous5 years ago
It's not likely, but it's possible. You didn't say how old your conviction is or any other details, so your chances of success vary depending on that stuff. You won't be able to simply show up at the border crossing and get through, that's for sure. Because you're coming for work, and because of your conviction, you'll need to get clearance from the Canadian government in advance. That's the absolute best way to go about it. A criminal record isn't an automatic refusal, but it is the number one reason. It all depends on how long ago it happened, what you got caught doing, how good-as-gold you've been since then, and a few other things. I actually know a guy from the US who has two criminal convictions in his past, and he's visited up here a dozen times. He's also been refused entry twice, but hey.
- Anonymous6 years ago
This Site Might Help You.
RE:
What are the restrictions on convicted felons?
I know they can not vote, or own a gun, but what other restrictions are there? Also, can they be in possession of a gun, and what is considered "possession"?
Background, a friend of mine just recieved a guilty verdict on a felony charged. Ive asked a few questions about this...
Source(s): restrictions convicted felons: https://tr.im/xuJIH - stvenrynLv 41 decade ago
Lucky to have a gf after getting out of prison. She owns it; it should not affect you as long as you don't use it. If it is in your hands or on your body or in your car without her, you possess it and can be charged.
If you got out with "unconditional discharge" , you may not have any legal ristrictions because your civil liberties are restored (really it depends on which state you live in), But the society will not be kind to you for the rest of your life. Once a felon, always a felon is the attitude. The felony record will come in the way for getting good jobs, promotions, lead positions in the community or the company you work for. Your friends, coworkers or other individuals, if they want to get you in trouble, they can by just making you angry enough t do or say something stupid. Be on guard always for the rest of your life unless you are one of those highly talented star of some sort like James Brown.
Good Luck and always look at the positive side of life and rise above the mediocre.
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- Anonymous1 decade ago
Well to be sure you can move there ask your parol officer and if he says you can live there, hey move in and if he says she has to get rid of the gun just get rid of it and get a baseball bat or two. But try not to make waves because you will be watched from now own so be carefull and go as much by the book as possible. Or if you just call a lawyer and ask him he can tell you too what you can do and not do.
- KC V ™Lv 71 decade ago
Voting right can be restored, however, you CAN NOT own or possess a firearm. Additionally, you cannot own or possess ammunition.
You cannot be WITH somebody who is in possession of a firearm.
Your BEST bet is to contact the United States Attorneys Office in your local area. They can direct you to the appropriate state and federal laws prohibiting possession of specific firearms!
In my state alone it is a maximum 10 years in prison and $250,000.00 fine....
Best wishes!