Need help guys! :(

[motogp08]

Mom has pleaded guilty to a felony, (she know's what she did was wrong, and is taking what is given), but thats not the point.

The nature of her felony is (what the courts call) "embezzlement."

We want to know if we'll be able to keep our firearms in the house since she is going to be convicted of this felony...(she's got my guns under her name too because I was below the age of 18 at the time they were bought).

Will they let us keep the guns????

P.S. (We live in KS in case that helps)

 

[motogp08]

Also, please say prayers that they don't give her any Incarceration time, i don't want to lose out on anytime with my beloved mother...she got caught in difficult times, fell into temptation, and was caught at an in-opportune time...(if they hadn't checked her records for just a little while longer, they'd never have known).

Please say a prayer for her that they don't choose to incarcerate...

 

[Cblast]

Wow, prayers sent. But unfortunately NO, you will not be able to keep firearms in the house. It is not state but federal law that dictates this. It is the domain of the ATF. You personally will still be allowed to own them but you will have to store them at a place that is not her residence. If convicted she can never again own, nor ever use, or even look at guns in a guns shop again. I worked as the hunting dept. manager for Sportsmans Warehouse in Alaska for a year and we sold an average of 8-9 guns a day for that year. Felons could not even look.

 

[motogp08]

Even in KS?

It say's that you can have them (under certain provisions), but I don't understand them too well????

 

[WuzzaCBXRider]

No guns, and I can't believe you're telling us this.

 

[Cblast]

Well, state law does not override federal law, and I am sure that once convicted of a felony it is illeagal to posses in any way or reside in a house with a firearm. Her lawyer will clarify the details in legalese. I had to learn the basic statutes as a Federal Firearms License holder. Again, check with local law enforcement (state police), but I don't think there is any hope of getting around it. Best of luck my friend.

 

[300Busa]

No guns, and I can't believe you're telling us this.

People on here need to talk about issues in their life's and they vent or ask for help from us members because we are for the most part understanding individuals that have been in situations where we needed somebody to talk to before.

 

[proud dad]

Sorry to hear Moto

 

[motogp08]

Here is what i've found, (but still don't really understand)...

It is unlawful for the following persons to possess firearms:

A person who is both addicted to and an unlawful user of a controlled substance.

A person convicted of a felony or a violation of any provision of the uniform controlled substances act under the laws of Kansas or a crime under a law of another jurisdiction which is substantially the same as such felony or violation.

A person who was adjudicated as a juvenile offender because of the commission of an act which if done by an adult would constitute the commission of a person felony or a violation of any provision of the uniform controlled substances act, and was found to have been in possession of a firearm at the time of the commission of the offense.

A person who, within the preceding 10 years:
Has been convicted of certain specified felonies.

Has been convicted of a crime under a law of another jurisdiction which is substantially the same as such felony.

Has been released from imprisonment for such felony, or was adjudicated as a juvenile offender because of the commission of an act which if done by an adult would constitute the commission of such felony.
Was found not to have been in possession of a firearm at the time of the commission of the offense, and has not had the conviction of such crime expunged or been pardoned for such crime;

Or a nonperson felony under the laws of Kansas or a crime under the laws of another jurisdiction which is substantially the same as such nonperson felony, has been released from imprisonment for such nonperson felony or was adjudicated as a juvenile offender because of the commission of an act which if done by an adult would constitute the commission of a nonperson felony, and was found to have been in possession of a firearm at the time of the commission of the offense.

A person who, within the preceding five years has been convicted of a felony (other than those specified as a basis for the ten year disqualification) under the laws of Kansas or a crime under a law of another jurisdiction which is substantially the same as such felony, has been released from imprisonment for a felony or was adjudicated as a juvenile offender because of the commission of an act which if done by an adult would constitute the commission of a felony, and was found not to have been in possession of a firearm at the time of the commission of the offense.

 

[motogp08]

Sorry to hear Moto

Thanks man, its really bothering me...she's not a bad person as most would think, she just fell into temptation because of difficult times...

 

[Cblast]

Here is what i've found, (but still don't really understand)...

A person convicted of a felony or a violation of any provision of the uniform controlled substances act under the laws of Kansas or a crime under a law of another jurisdiction which is substantially the same as such felony or violation.

I am afraid that is the kicker right there. And again, you are researching state statutes, check the federal regs as those are the ones that will trump state restrictions with regards to felonies and firearms.

 

[motogp08]

Thanks man, its really bothering me...she's not a bad person as most would think, she just fell into temptation because of difficult times...

She even paid the D@MN thing back, but the people are being @$$HOLES!!!!

The only reason they're doing this is because they're no-good, greedy, money loving, penny pinching, grudge keeping TIGHTWADS!

Thats okay, I think they'll burn in HE11 for this one...!:madfire:

 

[motogp08]

I am afraid that is the kicker right there. And again, you are researching state statutes, check the federal regs as those are the ones that will trump state restrictions with regards to felonies and firearms.

But that is talking about "controlled substances..." right????

It say's controlled substances in there, and i know that they don't want druggies with guns because there is another place in there that say's so...

 

[BusaBret]

Go here Ask the experts and ask this question.

 

[Cblast]

But that is talking about "controlled substances..." right????

It say's controlled substances in there, and i know that they don't want druggies with guns because there is another place in there that say's so...

No, that particular sentence covers anyone convicted of any felony.

 

[Wag]

It is state regs which make the determination. Once convicted of a felony in any state, however, the conviction applies in all states. The type of felony or the class of felony is not relevant. The feds only get involved when felons try to buy a firearm, hence, NCIS.

A convicted felon may NOT possess a firearm. As for having them in your house, I'm not sure about accessibility and whether or not it's a problem. If she is an avid shooter, the temptation might be pretty high to go shooting just because. If YOU are the owner and you have some form of bill of sale which says so, she should be fine.

At the very least, she may want to write up a bill of sale on them to transfer ownership to you for a price. Consideration (money) has to change hands. Easy to write up but make sure it states a price or even something vague like, ". . .for consideration received. . ."

If you want to clear it up completely, have an FFL dealer do a full transfer from her name to you but ask them first, if they are able to make the transfer FROM a convicted felon to you. If the conviction has already taken place, this could be important.

Tough situation, man. I feel for her and please give her my best wishes.

--Wag--

 

[Wag]

I forgot to mention that felonies can be expunged and full rights restored. If she made restitution, there is a good chance she would succeed at such an appeal. There are plenty of other rights which are lost in a felony conviction (voting) which are going to make it worth it to her to work toward getting it expunged. An attorney can fill in the details.

--Wag--

 

[Cblast]

It is state regs which make the determination. Once convicted of a felony in any state, however, the conviction applies in all states. The type of felony or the class of felony is not relevant. The feds only get involved when felons try to buy a firearm, hence, NCIS.

A convicted felon may NOT possess a firearm. As for having them in your house, I'm not sure about accessibility and whether or not it's a problem. If she is an avid shooter, the temptation might be pretty high to go shooting just because. If YOU are the owner and you have some form of bill of sale which says so, she should be fine.

At the very least, she may want to write up a bill of sale on them to transfer ownership to you for a price. Consideration (money) has to change hands. Easy to write up but make sure it states a price or even something vague like, ". . .for consideration received. . ."

If you want to clear it up completely, have an FFL dealer do a full transfer from her name to you but ask them first, if they are able to make the transfer FROM a convicted felon to you. If the conviction has already taken place, this could be important.

Tough situation, man. I feel for her and please give her my best wishes.

--Wag--

As an FFL holder in alaska we delt with the odd felon wanting to look at guns at our gun counter. Even holding them in your hand was considered "possesion". Does not have to be actual ownership. That was straight from our local ATF agents mouth. We all had to take a class on this stuff. Having them in your house is also considered a form of possesion. And only speaking from what I learned, but at sportsmans warehouse we could only transfer ownership "from" and "to" people that could pass a valid phone in firearms background check with NICS. So she is out there too.

 

[BlueHaya]

is there a difference between rifles versus pistols?.....or just firearms?

 

[Cblast]

There is a difference in terms of the depth of the NICS background check required for purchase, but in terms of felon ownership a gun is a gun.