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A Question of Legality Post your legal questions here (general, nothing of a personal nature)

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Old 07-30-2012, 08:08 AM   #16
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If you are engaging in this hobby yet have to consider carrying a weapon, I would suggest that you need to re-evaluate your participation in this hobby.

I know the question did not specify hobby related felon carrying a firearm, just felon & firearm.

I guess the number of questions & comments like some of those here do make me wonder about the company I am keeping.
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Old 07-30-2012, 06:45 PM   #17
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Originally Posted by UB9IB6 View Post
Sounds like a quality individual.
I keep awesome company...
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Old 07-31-2012, 01:19 PM   #18
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Quote:
Originally Posted by tigercat View Post
If you are engaging in this hobby yet have to consider carrying a weapon, I would suggest that you need to re-evaluate your participation in this hobby.
I don't think hobbying should mean giving up one's right to self-defense. I don't hobby much anymore, but when I did, I always carried. I didn't carry because I was seeing a provider -- I carried because I want to defend myself, if necessary, I have a CHL, and I carry wherever I'm permitted to carry, including when I hobby.

I've told this story before but I'll tell it again. Years ago, I saw a provider for the first time. I had a nickel-plated Beretta .380 in one of the front pockets of a backpack I carried. I left the backpack in the room while I showered. After I left the bathroom, I noticed the zipper to the pocket was slightly open. I quickly checked and saw that nothing was missing, including the pistol. The session went great.

The next day, I noticed in the ASPD alerts forum that a hobbyist posted that the girl I had seen stole his wallet. He had posted BEFORE I saw her, but I hadn't looked at alerts lately. (Lesson learned, of course.) I think the girl saw my gun and decided not to try to rip me off.

I'm not suggesting this as a method to prevent theft. But I think it's a useful parable about hobbying.
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Old 07-31-2012, 04:40 PM   #19
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I have a CHL and always carry on me. When hobbying one of the first things after meeting and before getting comfortable I show it in its holster and assure them I'm legal to carry.
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Old 07-31-2012, 04:49 PM   #20
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Interesting. Do they give you a CHL discount? Haha.
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Old 07-31-2012, 04:59 PM   #21
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Originally Posted by amazingalexis View Post
My brother was arrested and spent almost 5 yrs in prison. He was walking in public with his girlfriend. While minding their own business, they were stopped and searched by police. My brother was clean, but his girlfriend had a sawed off in her purse. He was a two time felon, but was not on parole when searched. The gun wasn't on him but he was arrested and charged with it. I guess they didn't care who's purse.
So, what happened? Did he cop a plea, or beat it at trial?
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Old 07-31-2012, 05:09 PM   #22
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Interesting. Do they give you a CHL discount? Haha.
I wish. But since I carry on me and not in something I know it's going to be exposed so I go for a "controlled" exposure.
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Old 07-31-2012, 05:40 PM   #23
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Originally Posted by amazingalexis View Post
My brother was arrested and spent almost 5 yrs in prison. He was walking in public with his girlfriend. While minding their own business, they were stopped and searched by police. My brother was clean, but his girlfriend had a sawed off in her purse. He was a two time felon, but was not on parole when searched. The gun wasn't on him but he was arrested and charged with it. I guess they didn't care who's purse.
When I was a young lawyer, I'd hear a story like this and think, What an injustice! How could his lawyer have done such a poor job! Now I hear a story like this and think, Man -- what a snow job this guy did on his sister!

No offense, Alexis. But I bet you a box of warm Krispy Kremes that your brother didn't tell you the whole story.
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Old 08-07-2012, 11:34 PM   #24
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From what I heard from an attorney...they can have a gun again if their felonies have been expunged by a judge or pardoned by the State governor himself. The process to expunge a felony is very beaureaucratic, costly, and tedious, you may have to appeal the decision several times.
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Old 08-08-2012, 10:07 AM   #25
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Originally Posted by TheAntichrist666 View Post
From what I heard from an attorney...they can have a gun again if their felonies have been expunged by a judge or pardoned by the State governor himself. The process to expunge a felony is very beaureaucratic, costly, and tedious, you may have to appeal the decision several times.
Well, that's PARTIALLY right. In Texas, for criminal records to be eligible for expunction, the defendant must not have been convicted of a felony or placed on a deferred probation. So your answer really doesn't have anything to do with a person convicted of a felony being able to legally own a gun. Also, filing a petition for expunction isn't, per se, a bureaucratic, costly, and tedious process with serveral appeals -- in fact, most of the time it's a very simple process.
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Old 09-30-2012, 03:17 PM   #26
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Quote:
Originally Posted by ShysterJon View Post
When I was a young lawyer, I'd hear a story like this and think, What an injustice! How could his lawyer have done such a poor job! Now I hear a story like this and think, Man -- what a snow job this guy did on his sister!

No offense, Alexis. But I bet you a box of warm Krispy Kremes that your brother didn't tell you the whole story.
I remember a case in Louisiana where a convicted felon forced his wife to carry a gun in her purse. Late one night he started yelling at her in a parking lot and hitting her. She swung her purse at him and he told her to give her the gun so he could kill her. She pulled the gun out and shot him.
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Old 10-01-2012, 12:44 PM   #27
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Originally Posted by LilMynx69 View Post
I remember a case in Louisiana where a convicted felon forced his wife to carry a gun in her purse. Late one night he started yelling at her in a parking lot and hitting her. She swung her purse at him and he told her to give her the gun so he could kill her. She pulled the gun out and shot him.
Bravo! Hope things came out OK for her.
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Old 10-01-2012, 05:38 PM   #28
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Not as well as I would have hoped. She served some time after about 10 years of appeals. But only a couple of years. This was before battered spouse defense was well established. I think things would be different now. It was a very fascinating case.
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Old 10-01-2012, 06:14 PM   #29
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Quote:
Originally Posted by LilMynx69 View Post
Not as well as I would have hoped. She served some time after about 10 years of appeals. But only a couple of years. This was before battered spouse defense was well established. I think things would be different now. It was a very fascinating case.

I would like to read the court of appeals decisions. Please PM the the case info.
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Old 10-01-2012, 11:21 PM   #30
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Originally Posted by ShysterJon View Post
The answer is indeed 'no,' and the restriction isn't limited to Texas. A convicted felon is barred from owning a gun under federal law with no expiration date of the restriction.

I've been asked that exact question a couple of times lately. It must be some urban myth cycling through society.
So one more question on the subject.... Can a person own a gun that was on a deferred for a felony but have met all conditions of their probation and the length of the probation period passed since they were never actually convicted?
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