By Alan Korwin
PHOENIX, AZ –-(Ammoland.com)- Felons aren’t federally banned from owning guns.
They can’t carry them in any way of course, or ship, transport, possess or receive them, but nothing in law appears to ban felons from actually owning firearms.
If a person was convicted of a felony and owned an entire collection in a home in another state, for example, that doesn’t violate anything.
You (a felon) couldn’t go into (or maybe even near, depending on the judge) that home while the guns were in there, that would be “constructive possession,” the same legal theory that makes everyone in a drug-lord’s house guilty of possession if anything is found.
But charging you with possession if you’re in another neighborhood, or state? I don’t think so.
Show me where I missed something. Even in the same home, a spouse can keep guns — even your guns after a conviction — as long as you cannot exercise control over them. If your spouse sold any, I suppose that’s your money.
What in federal statute prevents a felon from simple ownership? Not a thing.
Could a person use such a collection as collateral, or will it, even sell it? It’s just private property. The controlling statute is 18 USC §922(d) and (g), and its requirements seem pretty clear.
Talk about strange twists in complicated laws.
Scottsdale, Ariz.-based Bloomfield Press, founded in 1988, is the largest publisher and distributor of gun-law books in the country. Our website, gunlaws.com, features a free national directory to gun laws and relevant contacts in all states and federally, along with our unique line of related books and DVDs. “After Your Shoot” for media review is available on request, call 800-707-4020. Our authors are available for interview, call to schedule. Call for cogent positions on gun issues, informed analysis on proposed laws, talk radio that lights up the switchboard, fact sheets and position papers. As we always say, “It doesn’t make sense to own a gun and not know the rules.” Visit: www.gunlaws.com
Who do I contact about my right to legally own a gun even though I’m a convicted felon, but nine violent, only felony DUI, I don’t believe I should lose this right over a non violent crime, I need assistance in who to talk to about this issue.
“Possession under § 924(c)(1) can be shown through either constructive or actual possession.” United States v. Krouse, 370 F.3d 965, 966 n. 3 (9th Cir. 2004) (citing United States v. Lott, 310 F.3d 1231, 1247 (10th Cir.2002)). A defendant has actual possession of an item “if the person knows of its presence and has physical control of it, or has the power and intention to control it.” United States v. Cain, 130 F.3d 381 (9th Cir.1997) (internal quotation marks omitted). The definition of constructive possession is similar. “A person has constructive possession when he or she knowingly holds ownership, dominion,… Read more »