Felon in possession of handgun

Dnotarianni

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Friend of mine with a felony from 25+ years ago was told that if his wife who is a part owner of the business bought a handgun and kept it at his business he could use it in self defense without a problem. Sounded wrong to me with the wife leaving the firearm where he could have access, business premises or not.
Any opinions or thoughts?

dave
 
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Friend of mine with a felony from 25+ years ago was told that if his wife who is a part owner of the business bought a handgun and kept it at his business he could use it in self defense without a problem. Sounded wrong to me with the wife leaving the firearm where he could have access, business premises or not.
Any opinions or thoughts?

dave
Felons are not allowed to possess firearms in any way, means, shape or form unless they have had all of their rights restored. Note that "possess" means touch. There have been quite a few dummies jammed up because they went shooting, video taped it or took pictures of it and posted them on social media. Do I agree with this? No, not even remotely, but it is the current law.

IANAL, of course.
 

SERE

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There was a semi-recent FLA case where a convicted felon used a gun he had access to for self defense at home. Charges were dropped. I wouldn't bet on it in MA.

It was a headline case for a few weeks. You will find it pretty quick if you look.

The prosecutor stated something to the fact, 'even felons have the right to self defense in the home'.
 

Dnotarianni

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There was a semi-recent FLA case where a convicted felon used a gun he had access to for self defense at home. Charges were dropped. I wouldn't bet on it in MA.

It was a headline case for a few weeks. You will find it pretty quick if you look.

The prosecutor stated something to the fact, 'even felons have the right to self defense in the home'.
I agree with self defense in the building in his position and I don't see a prosecution happening, but I am looking at the wife being the registered owner allowing access to the felon husband.

Just another Mercedes in the lawyers garage
dave
 

drgrant

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Friend of mine with a felony from 25+ years ago was told that if his wife who is a part owner of the business bought a handgun and kept it at his business he could use it in self defense without a problem. Sounded wrong to me with the wife leaving the firearm where he could have access, business premises or not.
Any opinions or thoughts?

dave
Sounds like a great way for your friend to go to prison and for his wife to get her LTC revoked and become unsuitable in the process.

-Mike
 
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Friend of mine with a felony from 25+ years ago was told that if his wife who is a part owner of the business bought a handgun and kept it at his business he could use it in self defense without a problem. Sounded wrong to me with the wife leaving the firearm where he could have access, business premises or not.
Any opinions or thoughts?

dave
prohibited. no touchy.

Sounds like a great way for your friend to go to prison and for his wife to get her LTC revoked and become unsuitable in the process.

-Mike
true but better than dead if it was a real life or death defensive situation.
 

M1911

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Sounds like a great way for your friend to go to prison and for his wife to get her LTC revoked and become unsuitable in the process.

-Mike
Or both of them to wind up in prison. IIRC, providing a gun to a known felon is just as felonious as being a felon in possession.
 

drgrant

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I agree with self defense in the building in his position and I don't see a prosecution happening
In Mass? Not sure if serious. Any prosecutor in this shithole would SALIVATE over that, because its an easy bag job.

The only upshot he has here is other than throwing him in jail they have nothing left to take from him anymore, once you're already a PP the biggest
bargaining chip the state has is gone.

-Mike
 

swatgig

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he could use it in self defense without a problem.
He can use it with no problem. Just because he's a felon doesn't mean the gun won't work. His problems will come later.

I agree with self defense in the building in his position and I don't see a prosecution happening
I do. I know a guy who went away for being a felon in possession of boolitz. (The gun was a Smith & Wesson, so they couldn't prove it crossed state lines, but they had him cold on the ammo)
Just another Mercedes in the lawyers garage
dave
Mine's a Lincoln
 
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It's a big gray area. The wife does not (or should not) give up her right to self-defense because her husband is a prohibited person. Barring an actual use of the gun, prosecution would hinge upon whether it could be proved that the husband ever had possession of the gun.

As to use, there is some reason to believe he could possess the firearm if he had an actual need for self-defense. This is not an area where I'd want to put someone at risk though. It's very much in the 'better judged by 12 than carried by six' territory.
 

CTpatriot

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Give him a 12 gauge flare pistol and make sure they roll video at the business. I deserve to be entertained.
 

Dnotarianni

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Thanks everybody This is in RI with a state court conviction. I told him to stick with pepper spray and club attacker into submission as my concern was the issue of the wife supplying the firearm by leaving it in the business. He is working on getting rights restored in any case.
 

M1911

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As to use, there is some reason to believe he could possess the firearm if he had an actual need for self-defense. This is not an area where I'd want to put someone at risk though. It's very much in the 'better judged by 12 than carried by six' territory.
Are you talking about a necessity/lesser harm defense?
 

JayMcB

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Thanks everybody This is in RI with a state court conviction. I told him to stick with pepper spray and club attacker into submission as my concern was the issue of the wife supplying the firearm by leaving it in the business. He is working on getting rights restored in any case.
If it's only the 1 felony he was convicted of, he may be able to apply to have it expunged in RI and lose his prohibited person status. http://www.ripd.org/Handbook/chbExpungement.htm
 
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I do. I know a guy who went away for being a felon in possession of boolitz. (The gun was a Smith & Wesson, so they couldn't prove it crossed state lines, but they had him cold on the ammo)
Sounds like the guy you know caught a federal conviction? States tend not to care about whether firearms crossed state lines or not, for purposes of possession by a felon.
 
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