guns felonies and marriage...

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9c1 lover

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i know a guy who is getting married soon and he has a felony on his record. now his soon to be wife is clean and has a foid card and owns a few firearms. could this get messy for them seeing as how he isnt supposed to be in possession of weapons (he is not on parole or probation if it matters)and technically when they get married whats mine is yours type deal. what about her changing her name with the state police to get the right name on her foid card will they put a halt to that, is that even possible? we just got to talkin about it and i found myself very curious if she could possibly loose her "right" because of him? sorry if this has been covered didnt really know how to sum it up for a search, the title sounds like its leading up to a bad joke... well thanks in advance for any insight into this wierd little situation, or am i making something out of nothing?
 
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G. Gordon Liddy is a felon, and doesn't own any firearms.

Mrs. Liddy has an extensive collection.
 
If the guns are in his residence, he is in possession of them. Depending on the state, if his felony was non violent, he might be able to petition to have his rights reinstated. Depends on the state.
 
If I were her I'd DEFINITELY talk to a lawyer, actually he should do the same. DON'T take chances with something like that!
 
FOID cards are the mark of the devil, as evidenced them being from IL. Any advice, other than to see a lawyer, by folks from other states, is foolish.

I know of a case local to me (here in good ole KY) where a similar situation took place. The guns were in a safe. They said she didn't have the combo, only he did. It was her early felony. The local prosecutor didn't like the situation, but it passed the smell test. His guns, his safe.

I tend to think that unlocked guns in a house with a convicted felon crosses the line. If they're hers, she's not home, but he is, all bets are off. If the guns are secured he technically doesn't have access to them.

My suggestion would be for them to move... :) Get the FOID BS out of the picture.
 
he needs to get his rights restored, depending on crime, where, when, its possible and not hard
 
If someone wants to make something of it, they probably can. Why Liddy escapes prison continues to baffle me, since I remember photos of him, post conviction, holding his wife's Luger, which was certainly verboten.

Someone would probably have to consult two lawyers. One specializing in state firearms cases, and another that does Federal work. It's usually the ATF that pursues felon in possession cases, but most states have a mirror law on the books.

The wife doesn't need to change her name. Nothing about getting married says that a name change needs to take place. In most respects it is easier to just keep your own name.
 
If the felony is Federal, he will have to get a Presidential pardon, if it is a State felony, he can get a Governor's pardon.

No matter what your told, NO federal Judge has the authority to re-instate gun rights if it is Federal.

The ATF has the authority to pardon a Federal felon, but, there is no money appropriated by the Government to operate the program.
 
I tend to think that unlocked guns in a house with a convicted felon crosses the line. If they're hers, she's not home, but he is, all bets are off. If the guns are secured he technically doesn't have access to them.
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wow this really goes to show you something right here, yes it may be illegal in the states eyes but you know this felony happened six years ago and nothing since or before, just a stupid mistake by a 19 year old, but you are so quick to judge even though you do not know him or the circumstances of the case so just because of a mistake from years ago he shouldnt be able to defend his home and family??? are you serious? im sure there are people who have done dumb stuff that have ccw and some people on here that have made mistakes, but never got convicted, basically what i see is it's soooo easy to point the finger, im not saying he wasnt wrong for mistakes made but its pretty sad that people put this sterotype on you WITHOUT even knowing 1 fact of the case.. thats so sad. so basically what this PRO-GUN website is saying if you are a felon you have no rights to safety and security in this country? dont get that confused with the gov saying its not okay to protect yourself once your a felon but you people who are supposed to be standing up for the hardworking american person who happened to have made a mistake in his youth which im sure you have never done, right, just saying NOBODY is perfect you included, just cause uncle sam says no to him having guns doesnt mean gun supporters should BLINDLY follow, and i say blindly for the fact that you know nothing of the circumstances, your basically taking the gov's word for it which is wrong, not everyone with a felony is a bad or dangerous person, some have made mistakes and that shouldnt ruin hunting or taking their child shooting and stuff that creates strong bonds with their children which is what we need these days, JUST THINK BEFORE YOU PUT SOMEONE IN THE CATEGORY OF SCUMBAG P.O.S. JUST BECAUSE OF THE FELONY CONVICTION, this guy is the nicest person you could meet and does nothing but work and fish, but is branded with a felony for life, so now he is a horrible person not responsible enough to protect his family, wow america very, very sad. sorry so long but that really makes me mad. JUST THINK, thanks for reading
 
Yeah, that's all well and good but it doesn't matter. A convicted felon is just that...a convicted felon. Doesn't matter his age, whether he deserved the conviction or not, nor if he has turned his life around. He had his day in court and he lost.

Not saying it is fair, just the way it is.
 
and if you become a convicted felon keep your mouth shut so noone knows and you can't have your name smeared like happened in an earlier post, convicted felon to most people means very dangerous scum of the universe because they don't care to find out to much and I can't really blame them for that but they shouldn't talk so bad about them
 
She's marrying a convicted felon. It's similar to a person marrying someone with a previous bankruptcy and a credit score in the toilet. Youz take 'em as youz find 'em. Life ain't always fair. As Nanny McPhee said, "Sad actually, but there 'tis."
 
9c1 lover said:
wow this really goes to show you something right here, yes it may be illegal in the states eyes but you know this felony happened six years ago and nothing since or before, just a stupid mistake by a 19 year old, but you are so quick to judge even though you do not know him or the circumstances of the case so just because of a mistake from years ago he shouldnt be able to defend his home and family??? are you serious? im sure there are people who have done dumb stuff that have ccw and some people on here that have made mistakes, but never got convicted, basically what i see is it's soooo easy to point the finger, im not saying he wasnt wrong for mistakes made but its pretty sad that people put this sterotype on you WITHOUT even knowing 1 fact of the case.. thats so sad. so basically what this PRO-GUN website is saying if you are a felon you have no rights to safety and security in this country? dont get that confused with the gov saying its not okay to protect yourself once your a felon but you people who are supposed to be standing up for the hardworking american person who happened to have made a mistake in his youth which im sure you have never done, right, just saying NOBODY is perfect you included, just cause uncle sam says no to him having guns doesnt mean gun supporters should BLINDLY follow, and i say blindly for the fact that you know nothing of the circumstances, your basically taking the gov's word for it which is wrong, not everyone with a felony is a bad or dangerous person, some have made mistakes and that shouldnt ruin hunting or taking their child shooting and stuff that creates strong bonds with their children which is what we need these days, JUST THINK BEFORE YOU PUT SOMEONE IN THE CATEGORY OF SCUMBAG P.O.S. JUST BECAUSE OF THE FELONY CONVICTION, this guy is the nicest person you could meet and does nothing but work and fish, but is branded with a felony for life, so now he is a horrible person not responsible enough to protect his family, wow america very, very sad. sorry so long but that really makes me mad. JUST THINK, thanks for reading
Click to expand...

I don't think anyone here has "judged" your friend. And I'm sure most, if not everyone, here agrees that he has a right to defend his home and family. But what we think or feel doesn't matter. Any advice or thoughts on your original post were given as what the laws might be, not necessarily what the poster's feelings were. And I don't recall anyone calling your friend a scumbag or p.o.s. You asked for people's insight, and that's what you got.
 
Illinois?
Hire a lawyer, then start loading the moving van.
Felon or not, your screwed by living there. The only state in the union where after office career goals for former governors, are making the states own license plates.
 
9c1 lover said:
wow this really goes to show you something right here, yes it may be illegal in the states eyes but you know this felony happened six years ago and nothing since or before, just a stupid mistake by a 19 year old, but you are so quick to judge even though you do not know him or the circumstances of the case so just because of a mistake from years ago he shouldnt be able to defend his home and family??? are you serious? im sure there are people who have done dumb stuff that have ccw and some people on here that have made mistakes, but never got convicted, basically what i see is it's soooo easy to point the finger, im not saying he wasnt wrong for mistakes made but its pretty sad that people put this sterotype on you WITHOUT even knowing 1 fact of the case.. thats so sad. so basically what this PRO-GUN website is saying if you are a felon you have no rights to safety and security in this country? dont get that confused with the gov saying its not okay to protect yourself once your a felon but you people who are supposed to be standing up for the hardworking american person who happened to have made a mistake in his youth which im sure you have never done, right, just saying NOBODY is perfect you included, just cause uncle sam says no to him having guns doesnt mean gun supporters should BLINDLY follow, and i say blindly for the fact that you know nothing of the circumstances, your basically taking the gov's word for it which is wrong, not everyone with a felony is a bad or dangerous person, some have made mistakes and that shouldnt ruin hunting or taking their child shooting and stuff that creates strong bonds with their children which is what we need these days, JUST THINK BEFORE YOU PUT SOMEONE IN THE CATEGORY OF SCUMBAG P.O.S. JUST BECAUSE OF THE FELONY CONVICTION, this guy is the nicest person you could meet and does nothing but work and fish, but is branded with a felony for life, so now he is a horrible person not responsible enough to protect his family, wow america very, very sad. sorry so long but that really makes me mad. JUST THINK, thanks for reading
Click to expand...


Whoa cowboy, before you start jumping to conclusions, maybe you should check on your reading comprehension skills. Mr. Burg was not saying anything bad about your friend. What he's saying if you will read without feeling like you or your friend is, if the guns are locked up in a safe that he doesn't have access to, he's not in violation of the law. This is from a standpoint of him being a defendant in a legal dispute about him having guns after he has been found guilty of a felony. We all agree here, even Rburg I'm sure, that no one should be denied the right to self defense. You asked a question about legality, and you received answers to that regard. Probably the best advice so far is to get legal advice from one of more lawyers and try to get his record cleared and the right to own firearms returned to him. You didn't mention what state you or your "friend" are living in, but I'm assuming it's not a gun friendly state because of the FOID.

In the long, cool down and "read" what is posted, not what you think it says. There are very few on this board who will jump to conclusions about someone before they know the whole story.

Bill
 
it started off as legal advice but then when judgement WAS passed it changed things a bit, he said, felon plus access to guns is bad, like the guy is a p.o.s. no he didnt not come out and say it but that doesnt mean people cant read between the lines. i do understand thats the way it is and life aint fair but thats not the point the point is that YOU people that dont know the story shouldnt judge people like that, read the responses, that IS judgement, god forbide any of you make a mistake and "your day in court" doesnt go your way, it does happen, then maybe your eyes will open and you will see, but at that point its too late and everyone is against you. just think people, like i said everybody makes mistakes, nice to know it doesnt matter and noone can change. like i said i feel sad for you that think this way. not everyone has money to get good lawyers and get things thrown out and whatnot, before people point fingers they should see if any are pointing at them, must be nice to be perfect. these statement are NOT directed to all, but some have a warped sense of reality. but hey as long as it doesnt directly affect you right, who cares. just sad
 
You are still trying to put your own anger induced logic into what he said. He is talking about what it "should" be like if there was a legal dispute. We all understand that your friend might be the next saint, but the fact is he had a felony when he was younger. Dick's post is just saying how the legal system would look at the situation. Would a jury convict your friend if he were found to have access to guns in his home? That question depends on many variables like, what the original crime was, how he was found to have access to guns this time and how how well his lawyer presents his case. Still, no one has said anything negative about your friend. You think you have this uncanny ability to read between the lines; what it really is, you are getting defensive because you think someone is being "mean."

Bill
 
I re-read the postings above. I don't think you're being fair the other members, but as most have noted, "Life ain't necessarily fair." So, FWIW, here's the perspective that your friend is dealing with: Life's a bitch and then you die. Folks make many choices in their lives and some of them can have really bad consquences. I'm pretty sure that no one on this board was around to help your friend make a better choice at the crucial moment, but I could be wrong about that . . .
 
Felon plus guns IS bad, for the felon if he gets caught with them. He will then have committed a Federal crime and go to jail. As others have said, your friend can seek restoration of his gun rights in one of two ways depending upon if it was a state or federal conviction, a pardon by either the president or governor.

Like it or not, the Lautenburg act has gone even further to restrict rights. Misdemeanors involving domestic disputes were added and that was retroactive. So IF your friend got into a scuffle with his dad when he was 19 and was convicted of a misdemeanor, gun rights would still be gone. Even if he had been a law abidding citizen for 50 years after the fact and had enjoyed his gun rights responsibly during that entire time, they'd take his guns away. Have him apply for the appropriate pardon or suitable redress in the jurisdiction that convicted him of the felony. That will be the only way he doesn't become a newly federaly convicted felon on firearms charges.

And to prove a point, I was one sentence in that Lautenburg act from having my gun rights stripped away because of an Article 15 (nonjudicial punishment) for something stupid I did 20 years ago in the Air Force. The exemption sentence was added when they realized that lots of military members wouldn't be able to hold a gun. Had the exemption not been included, my rights would have been stripped away 20 years after the fact and I'd have had to petition the Military to set aside the article 15 to restore those rights.
 
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it sure is possible and I have done it! and will share my story as I am very open about my past.

in 1985(last 1/4 of my senior year, 18 years old) I had a class B felony(did stupid kid crap and owned up to it), my rights(all, including firearms) were restored in 87 I think, in 88 I was issued a CWP(as my felony was excluded by state law), in 96 the law changed(in the state) taking my firearms rights away once again, except this time I had done NOTHING wrong.

I was told to get a certifcaite of rehabilation....well in 96 no one(not even the state) new what this was or had a process set up to deal with it. I even went to the judge that sentenced me....that did go over so well.

So I waited a few years(my guns were of course moved while this was going on) I then found an lawyer in WA that does just this, cost me $800 to him, check to court for $120......2 weeks latter I was "rehabilated"

Applied for CWP and was issued it. Went to buy a gun and got denied(was told at the store, YOU cant get your rights back)

A call to Nics, some papers sent, Nics sent me a certifacte that told the store to sell me the gun. So I go in, show it to them, they call BS, I said call Nics.....yup, aproved...needless to say I told the store to go pound sand :D

bought 400+ guns since then.....:D

So yes its possible....I am proof:eek:

I am friends with the last 3 local Chief, mayor, you name it, I am more than an upstanding citizen.....and for that I am thankfull for my mistake in 1985, it made me a better person:cool:

I also own THE(as in HIS) gun the deputy that arrested me was wearing that night, S&W 686 4" with S&W combat grips

BTW, I also have access to every home for sale in WA State that is in the MLS.....hows that make ya feel?:rolleyes:

9c1 lover said:
not a possibility
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I feel OK Landpimp 'cause I'm safe in Fl. Ha Ha,How many of you guys did stupid stuff when you were younger and didn't get caught? People sometimes do change/grow up.
 
I didnt read everything closely, just wanted to comment that we didnt make the laws that we were asked about. In this lifetime there seldom is true justice for all. Not everybody gets caught and some are made examples of. And its true that probley sometimes the arresting officer and the judge have done worse years ago and wasnt caught or skated. I bet EVERY one in jail feels they got railroaded because they all know someone that did far worse and got far less. However if they are honest about it, they probley pulled off bigger things, skated on them and got arrested on something lighter.
Outside of unprovoked murder, rape and child molesters the biggest lawbreakers that I cant stand is burglars. That is because I have lost a lot to them. All depends on what we are a victim of. I must agree that its possible to pull a dumb stunt once in your life, straigten out then pay the price of not being able to defend yourself or family legaly the rest of your life. That is a bum break.
But in the real life, lets generalise for a minuet. Some criminals can go quite awhile without doing time. However if they keep up their sins, eventualy they do get caught and do time. Nine times out of ten it will be a lesser crime that fouls them up. I used to be fond of saying, "There is NO first time!"
On another lesser note, I see these freaks walking around tatoo`ed like a lizzard, piercing like in the old national geographic magazines, wearing their hair that looks something like the statue of liberty, and complain they cant find work. (Come to think about it, I dont think they do complain about that.) But the fact is that if you want to deform yourself, pull a stupid stunt, it effects your entire life even if you do turn your life around.
Now if you walk low, carry a low profile, aint tatoo`ed, dress conservative, odds are you wont be shook down the rest of your life! Let me add this old saying, I would rather be judged by twelve than carried by six.
 
ok i do apoligize for overreacting i just try to imagine how he feels and i felt as though he was just a felon and nothing more neede to be said...
Felon plus guns IS bad, for the felon if he gets caught with them.
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i must have misunderstood this, again please forgive me i just got a little overly defensive, i meant well. it is very interesting about the pardon (presidential), would it really work, with obama and all? i heard you had to go through the atf, but after the pres that enacted it was gone ?? i heard you could pass the screening no matter what... learn something knew everyday, so his best bet would be a lawyer, is this really only a problem in illinois, could this be solved by simply moving as suggested previously? again please accept my apology?
 
9c1,
Whether it could/would be solved by moving depends on if it was a felony of the state or federal felony. If it was just of the state, he may be able to move to another state and be clear. Once again, a lawyer is his best bet.

I'm glad you calmed down. Most folks here are going to side with the good guys as long as they are good. We all know someone who was screwed by the legal system at some time in their life. I hope your buddy can get his record cleared and get his rights back.

Take care,
Bill
 
You've become very defensive over something that happened to a "friend".

Stop waisting your time here and contact a lawyer about your "friends" problem.
 
9c1 lover
Your friend may be a prince of a guy; he may be totally grown-up now and able to exercise mature judgment.

What people here are telling you is that if he gets into a home defense situation or any other situation involving a firearm, no matter how justified it may be, nothing else will matter except his record. He and his new wife will almost certainly be in very serious trouble.

This has nothing to do with how we may feel about it, it's the way it is, especially in Illinois, but many other states are as bad. Yes, it may well mean that he has no right to use lethal force in self defense, does that suck? Probably.

You should try to help him understand that this has the potential to be a very serious situation.
 
feralmerril said:
I didnt read everything closely, just wanted to comment that we didnt make the laws that we were asked about. In this lifetime there seldom is true justice for all. Not everybody gets caught and some are made examples of. And its true that probley sometimes the arresting officer and the judge have done worse years ago and wasnt caught or skated. I bet EVERY one in jail feels they got railroaded because they all know someone that did far worse and got far less. However if they are honest about it, they probley pulled off bigger things, skated on them and got arrested on something lighter.
Outside of unprovoked murder, rape and child molesters the biggest lawbreakers that I cant stand is burglars. That is because I have lost a lot to them. All depends on what we are a victim of. I must agree that its possible to pull a dumb stunt once in your life, straigten out then pay the price of not being able to defend yourself or family legaly the rest of your life. That is a bum break.
But in the real life, lets generalise for a minuet. Some criminals can go quite awhile without doing time. However if they keep up their sins, eventualy they do get caught and do time. Nine times out of ten it will be a lesser crime that fouls them up. I used to be fond of saying, "There is NO first time!"
On another lesser note, I see these freaks walking around tatoo`ed like a lizzard, piercing like in the old national geographic magazines, wearing their hair that looks something like the statue of liberty, and complain they cant find work. (Come to think about it, I dont think they do complain about that.) But the fact is that if you want to deform yourself, pull a stupid stunt, it effects your entire life even if you do turn your life around.
Now if you walk low, carry a low profile, aint tatoo`ed, dress conservative, odds are you wont be shook down the rest of your life! Let me add this old saying, I would rather be judged by twelve than carried by six.
Click to expand...

I agree with most of your post but I am tattooed and have a mohawk and several large holes in my head and all the LEO's I have met do like me quite well, not all people who look like me are bad and I know you didn't say that I am just throwing that out there
 
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