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?
guns felonies and marriage...
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ShootCraps
Member
G. Gordon Liddy is a felon, and doesn't own any firearms.
Mrs. Liddy has an extensive collection.
Mrs. Liddy has an extensive collection.
gunlovingirl
Member
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.
rburg
Member
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.
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.
Crazy K38
Member
don't ask don't tell, I feel we have second amendmant rights no matter what and I do anything I can to exercise them
Landpimp
Member
he needs to get his rights restored, depending on crime, where, when, its possible and not hard
GatorFarmer
Member
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.
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.
smith41mag
Member
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.
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.
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
Bassamatic
US Veteran
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.
Not saying it is fair, just the way it is.
Crazy K38
Member
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
Denver Dick
US Veteran
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."
gunlovingirl
Member
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.
Spotteddog
Member
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.
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.
mtb1bkr
US Veteran
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
mtb1bkr
US Veteran
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
Bill
Denver Dick
US Veteran
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 . . .
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