Can A Felon Use Wife's Gun To Defend Their Home?
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- čas přidán 6. 07. 2024
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In a life-or-death situation, is it legal for a felon to use a gun owned by a spouse? In this informative video, U.S. Concealed Carry Association Director of Content Kevin Michalowski and noted criminal defense attorney Tom Grieve discuss felons, guns and “constructive possession.”
00:00 A viewer wrote in to ask if a felon can use his wife’s gun to defend the home they share together. If so, can the wife get in trouble?
00:38 Kevin reads the entire viewer-submitted letter regarding a felon using his spouse’s weapon for home defense.
01:39 Tom says that a felon can use someone else’s firearm for self-defense as long as local laws allow for “necessity privilege” in cases of self-defense.
02:05 Tom explains the nuances of “constructive possession” as it applies to a felon in possession of a firearm.
03:37 What defines having access to or possession of a firearm?
07:20 A probation officer would need to prove that a felon had access to and knowledge of any firearms in the home.
08:40 If a probation or patrol officer gives a felon a break, that leeway does not extend to court. It does not become a viable defense in front of a judge.
10:00 Many jurisdictions have minimum required sentencing for felons in possession of a firearm, even if the felon has led an exemplary life. Stupid mistakes made while young can follow an individual for the rest of his or her life.
#gunlaws #selfdefense #uscca
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I would say regardless of convicted felons laws.. they are all unconstitutional... the constitution says our right to own posses fire arms shall not be infringed apon.. even my state has it wrote in their constitution that it is a unalienable right to own a firearm... meaning not even Supreme Court laws are allowed to strip me of that right. Convicted felon or not..
The the parts shall not be infringed apon and unalienable me can not be taken away.. and laws against felons owning a firearm is a direct violation of the civil rights act of 1964.. with discrimination against a person's past and punishing them for the rest of their life... that is also discrimination..
It never says shall not be infringed upon unless you break the law.
It is not what it is... if it has been that long and you have proven that you have changed... then that law can be fought with the civil rights act of 1964. Which makes it illegal to judge anyone based on their past. (Now I do believe that there should be a waiting period after conviction to restore the right to own a gun.. a ex felon should have to go a period of time with out breaking the law and veing convicted before they are restored... but I feel it is unconstitutional to 100% deny someone their right to self defense for life. Because of past mistakes in life.
It just takes you lawyers. To actually take the time to find energy to fight for our constitutional right to never be infringed upon even in the circumstances that a felon is committed.... it takes a good defense lawyer to fight the state and federal government.. and fight for what is right not what is easy......
Uscca ? I've heard felons are able to carry or use black power weapons ? Because supposedly under the law they're not firearms or guns right ?
Every felon has the right to bear arms. No matter what the government thinks.
Our rights are enherant, inalienable, and can not be taken from us..
COPS ARE NOT PERMITTED TO BE FRIENDS WITH KNOWN FELONS.
Luckily I don’t have any criminal records, but if I would and have to protect myself or my family I would and deal with the consequences later.
"Better to be tried by 12 than carried by 6."
And yes, in the exigencies of the moment, you do what you have to do to save your family and then face the music afterward with a clear conscience knowing that what you did was right although technically not legal. You might not beat the felon in possession charge, but a fair-minded judge would likely give you a light sentence on that one.
@@animeyhem9780 why go to jail for breaking the law ?
@@mhvisionzz9690 I think it's better going to jail then having you and you're family dead. Regardless of the time and place going to jail after a self defense shooting is always a possibility. Especially if you know in the end you were in the right, going to jail for a bit shouldn't be a consideration when defending you/your family's lives.
@@mhvisionzz9690 why die for not?
@@mhvisionzz9690 because like it or not, in most states if you so much as touch a firearm as a convicted felon or otherwise prohibited person and the prosecution can prove you did so, you've just broken the law. The fact you did so under duress might, I say again might get you off on a technicality but I wouldn't bet the farm on it. Still, if my family was in danger and the only way I have to save them is using a gun and going to jail for it...choice made. At least my family would know i love them more than my freedom.
Bottom line: I'll gladly do my time for gun possession knowing that I saved my family at home from an intruder.
"Gladly" wouldn't be the word most would use. Sitting with your new friend Bubba contemplating that you were Justified in your actions but screwed because of it never qualifies the Gladly feeling. Right?
“Sitting with your new friend bubba” you’re a bozo. This isn’t a sex crime. He didn’t snatch a purse. He defended his family from armed intruders. That is an honorable crime to be sitting in jail for. He won’t want or need for anything while he’s there.
@@aleiterful Answers the question: "You have never been jailed for an alleged defensive gun crime"? So, take it from somebody that knows what he is talking about. Charges got dropped but I am still not "glad" about the experience.
bottom line ...Bubba gonna get ur buttcheeks 🤣
What happens if you go to jail and someone intrudes while you're locked up??.
I’m a convicted felon, and my wife at the time had her concealed permit. We had 3 armed men break in “home invasion” my wife froze and the 3 armed people were in between my room and my kids on the other side of the house. I took a shot at the first guy and a shot at the 3rd guy. 3rd guy was hit in the chest. They arrested me for felon in possession of a firearm which eventually got dropped. But I did have to go through the legal system for everything to get worked out. And this is Florida with stand your ground law!
...and then you woke up.
Good thing it wasn’t Massachusetts 🙏🏽
@@allenshamon442 then you have to get it expunged in the Federal courts and Clinton put a stop to that.
@@WILD__THINGS 😂😂😂😂💯
I'm in Florida and I have been without my gun rights for over 30 years, completed my sentence 28 years and applied for a pardon in 2009 and April 2022 received a letter denying me a hearing for a pardon. My wife too I would fear would freeze if someone broke into the house.
a felon who has paid his "debt" to society should get ALL his rights restored.
also the law of NECESSITY means there is no law.
I agree they need to do something about this law. Especially if whatever crime you committed that was charged a felony to you, and you did whatever had to and completed your sentence you should get all rights back. If your trouble was a non violent issue like having a little bit of drunks in your pocket, then definitely should get them back.
Most reasonable people would agree with that, the problem though is that there's a gap between when a felon is released and when they've fulfilled the obligations that they have as part of probation. That gets to be rather dicey as states may or may not require all of that portion to be completed in order to get some or all of your civil rights restored.
A non violent felon but a violent one no
serving prison sentences does not "Paid a debt to society." Felons incur a debt to society that they will never repay. They are not good citizens and should never be treated as such.
@MichaelScreamMachineEvans why not??
Just let them come to my house!😂😂😂
My Dad is a felon and he shot someone who broke into his house with his wife’s gun and he went to jail for 45 days and then all charges were dismissed
What state was that? Sir
Your Dad was very lucky good for him
This was in Texas back in 2006-7ish
What state was this ?
@@tman7390 he said texas, the comment right above yours also gives the year
Says SHALL NOT BE INFRINGED! It’s that simple!
If you don't want a murderer access guns again then why would you let him out?
If you let a felon out after serving his full term, why would you restrict his natural rights?
The legal system is so effed up!
@@earthstewardude yeah absolutely. but here is the problem - it always was effed up, is and always will be. Never expect your representative in Congress to represent you in lawmaking, paradoxically. And that's when the constituion and the amendments engage the game. Rights are more important and more universal than any law or any other legal acts.
Perfectly said
I say "inalienable RIGHT(not priviledge)" and "shall not be infringed" means the felon with a gun law is null and void regardless of how people feel. Their fear does not over ride someone's rights. Plus, it's much better to be tried by 12 than carried by 6 any day.
And article 4 section 2 paragraph 1
The citizens of each state shall be entitled to all privileges and immunities of citizens in the several states.
14th amendment section 1
NO STATE SHALL MAKE OR ENFORCE ANY LAW WHICH SHALL ABRIDGE THE PRIVILEGES OR IMMUNITIES OF CITIZENS OF THE UNITED STATES
Therefore all gun control laws are illegal and void. Under article 4 section 2 paragraph 1,2nd amendment,14th amendment section 1 no judge, attorney general, district attorney, prosecutor has any legal lawful constitutional authority or jurisdiction to enforce any gun control laws whatsoever they are all state officials.
All humans at all times have the right to defend their life and that of their loved ones. Laws and technicalities be damned, I will never be convinced of anything different.
Agreed
Real talk
Our justice system is horrid... it is all to easy to become a ‘criminal’ if you’re poor. Get pulled over get a $400 ticket you can’t pay, then get license suspended, and still having to go to work you get pulled over for no tabs and then it just snowballs getting further and further behind. Lose yourself job etc
@@LivingBGLegend I had this exact situation happen in my 20's. Getting off work at 2:30 am it's pretty much guaranteed you will be pulled over eventually. I got pulled over twice for the light over my license plate which was working fine. No insurance cause I was broke af, so in the snowball effect my license ended up suspended. Took me 2 years to get it fixed. More to the point, I have no criminal record because I am not a criminal, it's important to keep that distinction, poor is not an excuse to be a criminal. I spent 2 years homeless before I got my crap together, in that time I never became a criminal. Accidental felonies are very rare despite what some people try to push.
@@LivingBGLegend You don't need a lawyer to beat unlawful tickets. After beating one where the judge refused to jail cop for lying on the stand, I had to tell him he won't live to lie in court next time. He quit and left.
I wouldn’t even consider it. The lives of my wife and kid do, did, and will always be far more important to me than any law, by any agency, anywhere.
Hear hear brother!
Facts
Indeed
I would rather be tried by 12 then carried by 6
@@Ed-527 Yep
Just thought I would share my story, in response to the "just don't become a felon" to show how "difficult" that can be. (sorry, long read that i will try to keep short)
Prior to Missouri passing their "Prop B" concealed carry law in 2003, it was unlawful to have a firearm in a vehicle, that was concealed. One evening, I was stopped by Law Enforcement. To keep the story short, I will just say that it was a legitimate stop, but it was for nothing serious. My passenger in the car, who was an employee of mine that I had only known for less than 48 hours, ended up having several warrants, as well as a litany of illegal items on him. And, he was subsequently arrested.
After he was arrested, the officer asked me if I had anything in the car ... firearms, drugs, nuclear weapon, etc. I answered honestly that there was a handgun, and that it was in a holster attached to the center console, and it was in "plain sight".
Now .. here is where this goes off the rails. The officer determined that since he could not see the firearm, WITHOUT BENDING OVER, that it was not in "plain sight". Had my car had a sunroof, or
been a convertible, it would have been. But since he had to bend over to see it through the window, it was "concealed".
I was arrested for Felony (D) Unlawful Use of a Weapon, possession of a concealed firearm in a vehicle.
I spent $18,000 on a defense attorney, and even with absolutely NO prior criminal record (this was the first time I had ever been in handcuffs), the prosecutor would not offer a plea bargain that did not include a Felony conviction. My "choice" at that time, were to take it to trial, and risk 5+ years in prison (as a 24 year old man, with 2 small children), or, plead guilty and serve no time, but have the "Scarlet F" on my chest for the rest of my life.
So, I did. And here I am 20 years later, in a world that has gone mad, with no way to reasonably defend or protect myself or my family.
AND ... if you really want the "cherry on top" ... After Missouri passed the Concealed Carry law in 2003 ... the "crime" that made me a felon, is no longer a crime. Even more absurd ... I fought this is court until AFTER Prop B passed, so it was not a crime when I was found guilty of it!
We need to go back to the days of giving people a firearm ,saddle, and gold piece when released from prison. Denying someone their second amendment right is unconstitutional. If they are that much of a danger to society they shouldn’t be let out.
Exactly.
Just give a murderer a gun huh 😂😂🤦🏼♂️
Seriously
@@joelreed8940 the mass majority of felons haven't killed anyone.
@@joelreed8940 if their released from jail, yes.
It's never illegal to defend your life no matter what you done.
Law might disagree with you
I've been known the break the law a time or two. Lol
@@KushNetwork23 lol,coward. of the men who founded this country had your mindset there would be british flags in all of our front yards right now
100%
@@KushNetwork23 wrong
Texas statute says 5 years after your conviction you are allowed to possess a firearm in your home for self-defense. I would like to see this lawyer discuss Texas law on this matter.
Your good in Texas, like you said they actually respect an individual who's turned their life around. Not here in CA, they just want us to die or disappear.
G. Gordon Liddy addressed this when he was convicted of a felony for the Watergate scandal. He was asked about defending his home using his wife's firearm. He said it was in the nightstand on her side of the bed, and he'd certainly use it if his, or wife's, life was in danger. I feel the same way. I don't think that any law should prevent a person from defending themselves. Nor would I care if it were 'against the law'.
NOBODY loses their right of self defense ever. Unless the law is unjust and UNCONSTITUTIONAL.
Fact
you don't lose the right to self defense just maybe how you defend yourself
@@johnhalpin5204 There can be no limit. Protecting your life isn't subject to how. Gun, knife, hammer, axe. Self defense is always a right. But in Britain you go to jail for it because you aren't citizens, you are property. SUBJECTS. Owned by your government.
Unless you a minorities and officers are racist kind.
Well the government can stop you from buying from ffls they can keep you from carrying for protection they’ll lock u up so yes they infringed upon that right long ago
Ex felon here from Commiefornia and let me tell y’all there’s resources out there that will help you reduce a felony to a misdemeanor and then expunge your record. ALL FOR FREE!!! I will for ever be so thankful and glad I could protect my family from any danger.
I am glad you got your rights back, I am guessing you had to earn them and not you value them more than before.
Same here, im eligible to get my record expunged now just dont know where to go, u got any resources?
Congrats!! I committed my F in Commiefornia too but now I live in a different state (PNW). My F was over 20 years ago but I'm currently fighting to get it reduced then expunged and sealed to get my 2A rights back. It's expensive because I hired a lawyer, but worth it.
@@brazzknuckzz1619 if you’re in SoCal look into Legal Aid Los Angeles or Legal Aid Orange County. I’m not sure if they have any at other places. They take care of everything and are very helpful. My probation ended 2015 and by Nov. 2018 I was cleared thank god I took care of that before all the shut downs!
@@dostres8399 right on ill look into it, im out of norcal, bay area. Ive got metlife looking around for me , but ill check that out
I always wondered this. But im not gonna hesitate to defend my family. Ill just have to let the courts figure it out.
That’s how most of us feel. There are a lot of “law abiding citizens “ out here out of cowardice and not out of some virtue that it’s morally wrong. Those types are the first to push for “felons” not having the right to self defense
If heresay were a felony, they'd all be in the slammer.
The 2nd amendment doesn't bring up anything about felons. Felons not being able to have a firearm is unconstitutional.
Several states also give felons the option to have their rights restored, so they should be looking into that as well. A good friend of mine had a felony on his record from a stupid decision he made when he was 18, and a few years ago his rights were restored. He grew up, he grew into a hard working and contributing member of society, and has maintained a clean record ever since. In 2019 his rights were officially restored, and he's now a legal gun owner with a valid concealed carry permit. He has the means to protect his wife and kids, and himself of course, and his home is now safer for them all.
Was it a violent offense?
MOST states do, & that applies to violent offenses as well!… Although that doesn’t normally apply to “repeat” offenders.
I think most states it's not a process to restore your rights just takes a certain sum of time. But there is a way after 2/3 of that time is up you can legally go to court and pay lots of money to restore your rights a little early. At least in Oregon.
I know that like you said in most states written into those laws are automatic renewal of rights after certain amount of time provided no further offenses have occurred. And there are procedures to file for restoration through other means as well. I image some of the more stringent states require the use of formal procedures, however it may be dependent on the actual criminal charge as to what is required.
It’s another one of those “check your own state & local laws” deals.
Unfortunately I believe Connecticut is one of those communists states that will snatch your 2A rights away for any reason and never give them back. There are a couple of states like that also. (Illinois....)
Every man has the right to protect his or herself, what has happened is due process is violated when a person is released, violating his or her rights by actually "denying them illegally" this constitutional right, meaning "ALL" the persons rights were "not" returned to him or her which is illegal & unconstitutional, upon his or her release. They cannot continue a persons punishment after the sentence is issued & served, which is what is being done. It's illegal to give a person some of there rights & not restore there rights to the fullest. Thats the most hypocritical thing to do to any man or woman. I wish folks will speak facts, even that needs to be addressed by the Supreme Court Judges. It's punishment after the fact.
Issue that needs to be taken into Law:
Crime, Time served and debts around that crime are paid, At that point all rights should be completely restored as if the crime never happened.
I don't care if they spent 30 years in prison for murder, if they have their time served, fines paid, fees returned?
They should have the right to be a normal citizen again.
I dont care if I'm a felon and two men break in my home and my wife cant get to the gun Ill get it and protected my family. No one will tell me I cant protected me or my family. All felons are not the same. Who is anyone to tell anyone you cant protect me or my family.
you are a good man you probably made a mistake that you regret and i wouldn’t hold that against you some guns laws towards self defense need to be more lenient
@@wolfgangmozart8228 S
Don't live in Colorado
I totally agree with you there. If you find my comment under this article you'll see that this law is bogus and highly illicit and unethical. Judicial precedent supports this concept.
Facts. There are a group of felons that change their lives and become productive members of society
Who knows? With the ATF continually shifting the goalposts, we might all be felons soon.
I truly believe that has been the plan for a very long time.
You already are. Check out the book " Three Felonies a Day: How the Feds target the innocent."
Trump is going through it now.
I feel that banning all felons from owning weapons is discriminatory and is by my opinion murder on the governments side for taking away someone’s right to defend themselves with a firearm and don’t try and argue they don’t need a gun to defend themselves cause what if the person trying to kill them has a gun🤷♂️
In Alaska it is unlawful for a felon to knowingly reside in a dwelling where there is a firearm capable of being concealed.
Retired cop here. Yes. A felon can defend themselves with a gun if they are trying to protect themselves or another from death or great bodily harm. Sure, they are not supposed to be in possession of the gun, but, that which is necessary, is legal. If you got a new cop, sure, you may end up with a charge, but it would be kicked by the DA before it even got to trial. (generally)
You presumably served in one of the states with a necessity defense. He mentioned that some states don't have one of those.
NOT in the Communist State Of Connecticut! They have MANY Unconstitutional LAWS on the books and the Communist Legislators are adding more every year.
Remember: The 2nd Amendment does NOT confer any Rights to anyone! The 2nd Amendment PROHIBITS any Government Actors (SHALL NOT) from trespassing on our RIGHT to Keep (own) and Bear (CARRY) arms (weapons of OUR Choosing)!
ANY Congress Critter or Legislators who proposes a Gun Control LAW, or VOTES for a Gun Control LAW, has VIOLATED (330 MILLION Times) the United States Constitution AND committed a minimum of 330 MILLION Federal FELONIES under 18 USC Section 241 or 242, BOTH of which are punishable by 10 years in JAIL AND a Million Dollar FINE!
Time to start holding CongressCritters and Legislators ACCOUNTABLE!
BURY them UNDER a JAIL!
@@jasonjjs8947 so you're saying that if someone is trying to kill a convicted felon, they are not allowed to protect their own life? A first year public defender could sneeze that case away.
I've arrested people for straight up murder (on video) who walked away.
Imagine if you had access to a machine gun illegally, but used it to defend your life. It's essentially the same thing in this case.
@@SwampOperator you’ll never retire from being a woman.
Could you please tell me if you successfully completed a felony diversion can you own a firearm?
And this is why criminal records are criminal. Once a felon, always a felon is not justice. There needs to be limits, such that after x years of no repeat the record is expunged
That's just another example of tyranny. If I was to catch a drug charge today, what baring would that have on a crime almost 20 years ago, as drugs we're perfectly legal until 1911 as long as they were correctly labeled. The only people who we're disarmed were the ones who held office, so they wouldn't forget this is a Republic. See how far we have stayed from being a free country? Nowadays fathers lose rights to their children and are bound by epos without having ever been charged with a crime, other than a family judges opinion. I'm standing up homy.
I will do anything possible in the defense of my family, including breaking the law and giving my life.
Thanks guys for the informative video
Felons can own guns it’s a constitutional right period. The second amendment doesn’t say if the government says it’s ok. It says SHALL NOT BE INFRINGED!
@@papimaximus95 I'm sure that would cut down on the number of stabbings
@@papimaximus95 They HAVE, and sure enough proof they NEED them to prevent rape, and attacks by guards.
Carbine Williams got PARDONED for making the grandchild of the M1 in prison. An he was in prison for murder.
Mobster Dillinger made a gun in prison as well, and they let him out for his ingenuity, not charged him with having a gun in prison.
Robbers in prison robbing prisoners prisoners turning into robbers and robbing robbers 🤔 dog eat dog world! It works , good thing I'm not in a prison somewheres
No such thing as constitutional rights. These are human rights aka constitutionally *protected inheritant rights*
Right
The larger question is, whether or not we can rely on the legal system for anything anymore....
Funny how all the felons get caught with their wives guns... "No, definitely not mine, officer. That's my wife's .50 Desert Eagle..." LMFAO
This is crazy! I’m from Connecticut and my house was broken into…almost became a home invasion. My wife had her gun license & her weapon was in her safe. Long story short I was arrested 3 days later fought the case and lost. I end up doing a year behind this. We became victims to a burglary & end up being a suspect for possession my wife legal firearm. They never followed up on looking for the suspects but open a case on me.
So sorry. That's just wrong. We the people need to start enforcing the constitution.
Which is easier, hunting down the perp of your almost home invasion, or finding you on a silver platter?
There's your answer.
I can remember listening to G. Gordon Liddy's talk show on the radio and he was fond of observing that while he was prohibited from possessing firearms, Mrs. Liddy could and did own a number of guns and some of them were on his side of the bed.
Brings back fond memories...lol
"Now Mrs. Liddy owns many firearms".
I miss the G man.........I still remain Virile, Vigorous and Potent on his behalf...
So if I'm standing next to a police officer or someone else that has a gun I have access to it and if I needed to protect myself I will do it
@@mikemike8087 Plenty of case law of cops and bailiffs giving felons their guns. That is why I carry in court.
If your a felon in a state that outlaws all firearms including antique, get really good with a bow. I am not a felon, and I have bows ready for use in the home. There are a lot of advantages to the use of a bow for home defense. Number 1 is not getting stunned by the concussion from muzzle blast, number 2 is not having to worry about shooting the neighbors. The biggest it is legal for almost everybody even in states like Illinois. I was a police officer in Il. when two times juveniles used bows successfully to stop home invasions. Both invaders died from their wounds.
A tactical crossbow is great for self defense in your home. I keep one and a large bowie knife in the house. Shoot, if a felon wanted a gun they could get a black powder revolver and carry that. A felon can own one in pretty much every state because they are not considered a firearm and there are ways to make ammunition that makes reloading quick and easy. Plus, old guns are just dern fun to shoot!!
That's fine
But
Not when the criminals have a glock with promag
Try throwing knives, do practice and practice some more!
Isn't that why the Dukes of Hazzard were so good with a bow?
@@jackpfister1798 if they running pro mags you should be fine lmao
A friend of mine has a rifle and a shotgun. He told me once that if anyone tried breaking in and got shot while doing it, his wife would definitely be holding the gun when the police showed up. Neither of them are felons, they just had a plan of action in the event of a home invasion. Regardless of who fired the gun, they'd tell the cops it was her.
Very informative, thanks fellas
Its really nice having this lawyer on here explaining the laws more clearly
Thanks for the support!
What does shall not be infringed mean in the Second Amendment?
Security in this sense means "safekeeping, defense, and protection." Infringed simply means "to trespass or violate"; in this case, the right of the people to keep and bear arms shall not be violated. no where in the 2a do i see the word unless i feel my rights have been infringed
"Maybe, it depends" doesn't perturb me as an answer. It shows how nuanced the law can be as it relates to individual cases.
Maybe, but it depends.
What does shall not be infringed mean in the Second Amendment?
Security in this sense means "safekeeping, defense, and protection." Infringed simply means "to trespass or violate"; in this case, the right of the people to keep and bear arms shall not be violated. no where in the 2a do i see the word unless i feel my rights have been infringed
Buddy of mine is a convicted felon and was shot in a strip club, he pulled his gun and shot and killed the attacker. And the court dismissed the case for self defense and defense of a third party even tho he was a felon. I live in Texas. Idk how this would go down anywhere else
I remember recently (within a year or so) there was that guy that was barred from firearms but used one to defend himself (I believe in his own home) and I'm pretty sure New York was charging him for murder. Absolutely abhorrent to think common sense can put you behind bars for life.
Did you use Common Sense and New York in the same sentence?
Regardless of this situation of defending you or your family. Government has no rights to infringe on yours or mine, Second Amendment or our Constitution !
If you get a life sentence. You lost all rights as a free citizen! If you're released and stay clean after so many years as Law Abiding Citizen to your community. You should get your all rights back!
Colorado sees a Prohibited Person as a life sentence regardless of how much time you did.
Why is this even a question weather your a felon or not your going to protect your family regardless of the consequences I would hope.
Great content just the question i was looking for.
Hers a couple of questions:
“if” the law states “ innocent until proven guilty”. Then why do people have to pay to bond out and/or hire a lawyer until proven guilty?
Why should it cost people anything up front? “If”the law is stating “innocent until proven guilty”
Because that’s the way the Constitution was “written & intended” as well as the Court system. SADLY in the ACTUAL Court system THE SYSTEM “assumes” automatically that if there is enough “evidence” to file charges, then you are “Guilty” & MUST PROVE YOUR INNOCENCE.
Question. Why are you still a felon if you payed your doe to society in jail?
Because this isn't America anymore...
@@catwoman2596 Well to be fair, many violent felons don't serve that much time due to Leftist DA's and judges.
@@catwoman2596 Possibly, but I'm referring to the crazy situation of where you have cops playing catch and release with violent felons because Leftist DA's or judges give them lenient sentences. This is one of the reasons why a crime wave is taking over the US.
In my case it was considered a victimless crime no jail time only community service and a $2500 fine but the judge in Maryland won’t allow an expungement
Technically a felon can use any gun to defend themselves legally, but they might get charged for being a felon in possession of a firearm if they had possession of the weapon preceding the incident of the attack.
80%
"It not mine,they had it.
I don't feel any crime should justify anyone losing their rights once they do their time.
"It depends... Maybe".
Gee... NEVER saw THAT coming! 😂
G. Gordon Liddy was once asked, "You're a felon. How can you put out all these instructional videos on different guns since you can't own any?". His reply, "Mrs. Liddy can own 36".
Nice , I remember him.
Those who can't TEACH. LOL
If a convicted felon cannot be trusted to possess a firearm, then they should not be released from prison.
Valid point
How do you determine that? Someone can be a model prisoner and tell the parole board all the right things, and go right back to crime as soon as they are released.
And therein lies the problem...no one "serves" their full sentence anymore, what with parole, overcrowding of prisons, COVID emergency releases and time off for good behavior. Plus, with conditional releases you may not have your 2A rights restored until you pay restitution or fulfill other prerequisites for the restoration of your rights.
Point being, just because you were released doesn't mean you've quite yet finished paying off your debt to society.
Exactly. You are either a danger to society or you're not.
@@joeschnapps1712 and how is that anyone's fault but the parole boards? THEY should be charged not the felon.
You failed to include that the ATF will charge you as a felon in possession of a firearm unless the firearm is locked in a safe otherwise the felon has constructive possession of the firearm even if he don't know it's in the building such as an old shotgun stored in an attic and once the ATF charges the felon with possession of a firearm don't expect any mercy in the federal courts.
Incorrect...constructive possession is if you have access to the gun if it's locked up, and they have to prove, using your scenario, that you knew there was a gun in the attic...as long as guns are locked up and you don't have access it's not constructive possession...too many port a potty lawyers out there 😂
@@OldPirate1718 What is your source of information? I have 3 federal firearm convictions and have served 6 years in federal prison as a result and have learned quite a bit about federal gun laws so I know what I'm talking about. If a "felon" is in a building which contains firearm(s) unless the firearm(s)are locked in a room or safe that the "felon" can not access then the "felon" has "constructive possession" of the firearm(s) even if the "felon" didn't know the firearm(s were in the building. As far as your insult goes I've had worse things said about me and by better people.
If I were a felon but my wife owned a firearm, I think I would be safe and just go ahead and buy a cap and ball revolver for myself so I never have to worry about going to jail for defending my family. Keep in mind laws are different in each state but between them being considered antiques (even though they are reproductions), using black powder and them not using cartridges, federal law doesn't consider them firearms. Instead of using cartridges or smokeless powder like a modern firearm, each component has to be carried and loaded separately (the primer, black powder and projectile). There are definitely downsides to using them, they are usually just 6 shots and take forever to reload (to get around it people buy multiple cylinders, keep them loaded and switch out entire cylinder when they need more ammo), they are black powder so they get really bad fowling, they leave a massive cloud of smoke after you fire it and they aren't as powerful as modern smokeless cartridge firearms (but they are still deadly) but if it meant I could defend my family without going to jail I would deal with it. You can even get these absolutely massive airguns that fire .50-.75 caliber bullets that have enough oomph that you can hunt medium game or defend yourself with it.
When I got out of the military, (12 yrs ago) I caught my girlfriend in bed with another guy. I took her $2,500 les Paul guitar, and pawned it. I was facing grand theft, which was a felony. I also got a few misdemeanors around that time, like a DUI, and disorderly conduct. Anyway, I am so thankful that the judge dropped that felony to a misdemeanor, because I now have a wife and children and quite a collection of guns to defend them and our home. I was a different person than I am now (thank you Jesus). My life would’ve been so different if she (the judge) would’ve kept that as a felony. I love my family, but I love the 2nd amendment and having the ability to defend my livelihood.
Last time I checked a DUI is a felony not a misdemeanor. And if it’s not that’s a damn shame
@@nickgates4387 nobody cares about the opinion of a bot who literally created a CZcams account to be provocative. Go try to get laid or attempt showing up to work at a del taco or something. You’re gonna be second string your whole life boy.
@@nickgates4387 first time DUI isn't a felony. Think it's 2nd or 3rd
Better read that form closer it ask have u ever been under indictment for a crime in which the Judge could have imprisoned you for more than 2 years might wanna check with a lawyer first
If u buy a new gun from a store I mean
Defending the lives of your family is the right move no matter the consequences.
I've seen cases in FL, where a felon shot an armed intruder, perfectly in the right, ruled self defense, no charges for the act, but went to prison for possession of a firearm by convicted felon 😒
Good video. Unfortunately I just ran across it. Wondering if now,2023 after Heller vs Bruan decision Range vs Garland, Bullock vs Mississippi and ,waiting on the Rahimi case. If your opinion is still the same on this exact topic?
I've been nonstop binging the videos, was just watching ask an attorney when this video was posted, thanks for all the great content!!
Thank you for the kind words! We are happy to hear you are enjoying it!
@@USCCAOfficial What if felony menacing charge is dropped but new charge of Disorderly Conduct(use of a swear word publicly) continues the original "any weapon" restraining order for misdemeanor three year non reporting probation? Under Colorado any defense of myself or any person is a Felony. Right?
Felons can possess firearms in some states after a period of time has elapsed after the full discharge of their sentences. While federally illegal, the states that "allow" you to exercise your "rights" are not compelled to follow the enforcement of such illegal laws.
What states allow this? Do you know?
@@godfreyvonnordeck2056 I believe most states have some form of "rights" restoration for non-violent felons. Check your state's laws to be sure.
I tried to get an expungement for a work related license but after $2000 legal fees no luck the judge denied it
@Zac's DIY Guns Texas is 5 years after successful completion of all convicted agreements; meaning probation/parole, fines, restitution & court fees. Alaska is immediate and, unlike Texas, you can carry your firearms outside of the home. Alaska considers it a right to survival because of how desolate much of the state is. You wouldn't want to be barred from owning a gun and run into a bear or something and be defenseless. There are other states too, but check your state for guidance.
Texas is 5 years after successful completion of all convicted agreements; meaning probation/parole, fines, restitution & court fees. Alaska is immediate and, unlike Texas, you can carry your firearms outside of the home. Alaska considers it a right to survival because of how desolate much of the state is. You wouldn't want to be barred from owning a gun and run into a bear or something and be defenseless. There are other states too, but check your state for guidance.
Wow great topic!
Well ive been curious about traveling because if i remember right Minnesota and michigan dont recognize Wisconsin's ccw
Would love to see you also talk about restoration of rights, which is another factor on people with felonies can gain access back to their right to possess a weapon potentially.
Some felons don't have that option....some felonies are on the "zero tolerance" list and rights can NEVER be restored.... Even if the original charge had NOTHING to do with guns, voting, or international travel🤷
@@JivedSonen federal felonies is a lifelong sentence. State felons depending on the states but generally 7 to ten years after the incident or completion of the sentence you can ( with a lawyer ) have the felony removed. Repeat offenders are another subject.
And to be clear on the federal I feel it's unjust to put a lifelong sentence on anyone that has a federal felony that was convicted with a victimless crime that didn't involve a firearm.
@@newguy9554 yes I'm fully aware of all that but there is a list of non expungable felonies, such as violent crimes like aggravated assault........ Of course they may be different for other states but I live in Tennessee
@@JivedSonen yes that is true. I was charged with felony assault and had to fight it in jail till they reduced it to a misdemeanor, but that also included a felony meth lab conviction with a set aside agreement. Felony assaults in most states are hated by the system, so you best not do it, don't get caught, or be prepared for the jail time
NOTHING IN 2A THAT SEZ A 'FELON' CANT HAVE A 'PIECE'. THAT MY FRIEND IS THE BOTTOMLINE!
Wow good info!
Excellent video
How did I know "depends" was going to be part of the answer!
My favorite line ever is always "it depends" because it's just honesty. It's basically like saying "check with your local law" because that can change and even the circumstances can be different
Yes. Even in the same jurisdiction, w multiple cases almost exactly identical, “it will depend”. Depends on the arresting/investigating officer, the particular Prosecutor, judge, defense attorney, every factor can cause a multitude of different outcomes.
And, sadly, enforcement of laws is more of a variable than the laws themselves. The county you're in, and the officers on scene and the district prosecutor matter FAR more than if it's actually illegal.
@@chrlsraines Each person can access the state revised statues on any issue including the use of deadly force by a convicted felon. Some are too lazy to sit and read them and be educated on the local laws. These laws are what the courts use in determining your innocence or guilt!!! In Arizona these laws are in the Revised Statues 1300 criminal series, easy to find and read!!! No man can resist Bear spray btw!!!!
@@---cr8nw I differ, in the end you MUST be tried in a court of law, they rely on the revised statues period, no matter what the police or prosecutor says or does!!!
@@GM8101PHX, that's just dumb.
"Officer, I realize that you're trying to be lenient here, but I demand that I be arrested, charged, and tried so that your personal opinion on whether or not I committed a crime doesn't matter, only the revised statutes." ~ Gregory Miller
To a real man, there's no law/laws stopping him from protecting his family from being murdered 🤷♂️
Im in the same situation with my wife thank you for this I've always wondered
Yes, there is a something called “the defense of necessity”. It basically means in lay terms that the criminal act you committed is justified because if you had not done so the outcomes would have been far worse. This is settled law in every jurisdiction.
They couldn't charge you with murder for protecting yourself, but it doesn't mean they still couldn't charge you with illegally possessing the firearm.
Justified criminal acts. Hmmm....sounds like what the democrats like to do, like decriminalizing what the CRIMINALS do. Just let 'em go and do whatever they want.🤨
@@daithi1966, the point is that you can argue that you possessed the firearm out of necessity and had you not broken that law in an effort to defend yourself, you would likely be dead. The trouble comes down to access. That defense might work if, in the moment of peril, you said to your wife, "hand me your gun." It wouldn't work if you had access to the gun OUTSIDE of the moment of peril.
@@---cr8nw and that’s why we have jury nullification
What does shall not be infringed mean in the Second Amendment?
Security in this sense means "safekeeping, defense, and protection." Infringed simply means "to trespass or violate"; in this case, the right of the people to keep and bear arms shall not be violated. no where in the 2a do i see the word unless i feel my rights have been infringed
In California you can become a felon at the stroke of a legislator’s pen and not even know it.
I quit visiting Kommiefornia years ago, I take my dollars somewhere else.
Thanks for discussing this question. Many don't know the correct legal answer to this question in their particular state and what actually constitutes the legal definition of possession. If there is a felon in the home, they should find out.
You and your spouse would have to say (and stick to the story) that you only gained accessto the safe- via key or code - at the time of the break-in. The feds say, as soon as you have knowledge and access to a firearm, that you are in possession. So knowing the code and knowing a firearm is in the safe at the same time is possession in their eyes. Yet, if you have to defend yourself in an immediate threat situation such as a home invasion, you can receive the firearm from authorized person for the purpose of defending your life or the life of another. BUT, YOU BOTH WOULD HAVE TO SAY YOU ONLY GAINED THE KEY OR CODE AS THE ARMED BREAK-IN WAS OCCURRING.
The 2nd Amendment Protects An Individuals Right To Defend Themselves From Violent Criminals And Tyrants (Foriegn Or Domestic).
The 2nd Amendment Also Protects An Individuals Right To Own And Carry ANY Firearm, Firearm Part, WMD, Knives, Firearm Accessory, Body Armor, And Ammunition They Want; Regardless Of Their Past (Even If The Where In Prison For A Horrible Crime).
However State law at least for Arizona a gun friendly state states that a person convicted of a felony may not have possession of a firearm of any type. You will go to prison if caught. There are other weapons useful in warding off a person kicking your door down. Here in Arizona I have security doors on all three exits, these swing out, thus can not be kicked in. Then I have steel entry doors with solid frames using 3 inch screws to strengthen the door against forced entry, my windows have roll down shutter or impact proof steel screens securing all windows. The general construction of the house is concrete block so the walls are fine as they are. I am not a felon, but a retired law enforcement officer. I have two aluminum baseball bats to go to before my gun. My gun is a Springfield .45 ACP loaded and chambered with hollow point bullets. I have sensor controlled flood lights around the exterior of the house, just green grass that you can not hide in, and cameras feeding to a DVR that records them. I will also be buying a can of Bear Spray for outdoor use!!!! The bats and spray are lawfully possessed weapons.
What does shall not be infringed mean in the Second Amendment?
Security in this sense means "safekeeping, defense, and protection." Infringed simply means "to trespass or violate"; in this case, the right of the people to keep and bear arms shall not be violated. no where in the 2a do i see the word unless i feel my rights have been infringed
@@GM8101PHX Yeah well not everyone has such luxury of security
@@Rightly_Divided aparently only retired cops can afford it
@@GM8101PHX a cop that doesn't want to use his gun to kill someone that funny
i was 18 when i made my stupid mistake and stole something if it was valued at $20 less it wouldn't have been a felony and i had to wait till i was 33 to get it off my record i feel bad for the states that don't allow it to ever come off 2 years of not being a felon under my belt and my life has changed drastically some people dont understand the true challenges that it puts in your life but getting rid of my record was the best thing that ever happened to me
That really shouldn't be a felony...imo
Good for you I hope you keep it up.
Damn u stole a slice of pizza
@@catwoman2596 if i worked for the government it would have been called misappropriation of funds and a class b misdemeanor but because it was a store i worked at and not a government job it was class a felony theft
@@mhvisionzz9690 lmao
Along time ago when I lived in Virginia. My job which I won’t stay here, it necessitated me to have firearms. My brother was just getting out of prison and needed a place to stay while he get on his feet. I took him in to help him out. Before doing so I went and visited his parole officer and gave him the rundown. Make sure that there would not be a problem for either my brother or the parole officer. In Virginia at least played out. So long as any of my firearms were kept in my room with my door closed, did not lock. Everything was fine. Because my firearms that was still accessible to my brother locked up in my room, in my private personal space. And since I lived alone without any children, I didn’t have a locking gun safe. The fact that it did not lock was not an issue.
Now because of my job, the parole officers awareness of what I did for a living and the overall situation, somethings could’ve been overlooked. I don’t know. But we never had an issue. And whenever the parole officer came to do an inspection of the home I was always there and he never was even concerned about going into my room. Just a common areas and my brothers room. But obviously if something went down my brother could go in my room grab my firearm and use it if he needed to. And I did make sure the parole officer knew that if it was a life or death situation I was not gonna keep my brother from defending himself me or my home. There was zero issue with that. But, as they have stated your mileage may vary. Not just stinks but cities and counties can differ greatly.
Being a felon myself, I keep a crossbow under my bed. Not as effective as a gun but if a bad guy gets a bolt through his chest, he will think twice before trying anything else. And it doesn't put me at risk
The part I just “LOVE” is the word “interpret” the law. Laws are written in PLAIN LANGUAGE so they don’t have to be “interpreted”! The law IS what the law IS.
Having said this, there is written law, there is practiced law, & then there is interpreted law. This is one of the BIGGEST problems with our legal system.
A thousand different people can read the same paragraph & there will be 995 different interpretations of that paragraph.
Laws are written in a different language called legalese.
@@molonlabe8470 Legalese is the use of a triple negative sentence. Nothing Plain about that but plain wrong on purpose.
It depends... However, If I were in that situation and my family's lives were in danger, I'll be taking that chance. I will serve some time to ensure that my family is protected.
I knew a felon who was robbed by 2 people, one of who was armed with a gun. It wasn’t in a home however. He fought with the kid with the gun and in the process got shot, but was able to grab the gun and shoot the attacker. He ended up collapsing near by the gun not far from the fight and was found quickly by police. The kid ended up going to the hospital so they located him quickly as well and the gun he used was registered to his mother or some other close family member I believe. The robbers and him had no connection so they couldn’t say he had possessed the gun prior to being robbed and they told him because you only possessed a firearm directly in an act of self defense neither before or after he couldn’t be charged with any crime.
I remember when I was living up in New York back in I think it was 2012, I was living in the same house with someone else who was a convicted felon, and I had found out that the stipulation for that was that if I was legally considered to be living with them meaning we both paid the same rent bill and we're legally considered to be the same household, no firearms would be legally permitted to be in that house because it would be considered in that convicted felon's possession, but the exception to this was if I was renting my space separate from them, and if the firearm was unattended by me, it had to be locked up a certain number of times to be virtually unaccessible to the other person, and fortunately I did have a separate lease with the landlord to rent the bedroom that I was renting, and I did comply with the law concerning storage. When I was not at the house, I had a trigger lock on the shotgun, it was locked in my closet, with my bedroom door locked as well. And to be honest, if I knew the law did not allow me to have a firearm at all under the same roof as someone else, I just could not live under the same roof because I have always had firearms for home defense since I've been an adult, and it's just not worth it in my opinion to not have what I need to protect my home if that time ever came that I had to.
When you were discussing probation/parole officer, I was surprised you didn't mention the lower burden of proof to convict when someone is under supervision. (Preponderance of guilt vs reasonable doubt)
Just call your parole officer to the stand. Easy enough to prove he wasn't supervising anything.
What does shall not be infringed mean in the Second Amendment?
Security in this sense means "safekeeping, defense, and protection." Infringed simply means "to trespass or violate"; in this case, the right of the people to keep and bear arms shall not be violated. no where in the 2a do i see the word unless i feel my rights have been infringed
Preponderance is Only for Civil NOT Criminal Cases.
@@ModernMountainLiving No it's not. When you are already on supervision, it's is the standard used to revoke. Look it up. However I should have said revoke not convict in my op.
I’ve recently read texas gun law as I’m looking to move, and it says you can be a felon and buy firearms as long as it’s been 5 years from probation/prison period, and it wasnt a violent crime, which I’m not a felon but I like that law/stipulation
It's sad that a nonviolent felony at the age of 18 is affecting the rest of my life, I am now 42 not able to own a gun and never been able to vote😢😢
What is the bag in the thumbnail properly called?
Simple, you don't have knowledge of what's in the box or the code. but under stress, you guessed the code was your wedding date and preceded to protect your family. anyone can make a educated guess
They really need to change what a felony is cause something simple is stupid compared to some of the extreme
Yea, I kicked a dudes car door back in 1988, and because it exceeded $500 dollars, i was labeled a felon.
One thing that they don't tell you as a felon is that you can not posses ammunition, or a bullet proof vest. I met plenty of convicts in Federal Prison who were doing time for those offenses
I'm a convicted felon from 2011 with no criminal history in Atlanta, GA. I believe after protecting your family with a firearm really depends on how the law wants to deal with you. I've seen some not charged & some charged. It's damn if you do & damn if you dont. 🤷♂️🤦♂️
"A well regulated militia, being necessary to a free state, the right of the people to keep and bear arms shall not be infringed." Notice that nowhere in the Second Amendment is there any exception made regarding criminal background. Also, people change. Someone who was found guilty of a felony decades ago could very well have become quite a different person. That being said, what kind of man would stand idly by, while his family (or self, for that matter) was assaulted, because some law says he isn't allowed to do something about it? "Sorry, kids. You're on your own. The guys in the black robes have tied my hands," said no one ever.
Other wise every escaped slave who touched a gun fighting the Confederacy would be in jail.
What kind of man. he ran for gov of massachusettes. Said nope not even if they were raping his wife.
Don't think it was Tax On Gas, but same race.
💯💯💯💯💯
Officer discretion is one heck of a big topic. Thank you for bringing that view point up.
My Brother got a 3rd DWI in the State of Texas which is concerned a felony and he did his time in prison back on 2011 . He's bin sober ever since . What are his options on firearms
In Georgia the answer is a resounding "Yes!" by law. Our 2A group got that passed a few years ago. Also, whatever is necessary is also legal.
In my state of NC, some jurisdictions allow felons to have black powder wealons, crossbows, and regular bow and arrows. Some don't. I've been expecting a lawsuit, but if there has been one, I haven't heard about it. But then most felons don't have money for appeals.
I have seen the "better things to focus on" thing before. State cops asking if my felon cousin has possession of a gun (not my gun), and not being able to prove it and being like "I don't care if he shoots YOUR guns on your property". We live in a rural area where no one is shot ever - and especially not from a felon acquiring a gun illegally, it's unheard of so why push it.
You have some awesome and informative videos.
“The fuzz” he def got that off good times
This has been so much of an inspiration to me I have almost 20 years of not being in trouble I own a dealership I have over 15 employees working for me and I have been robbed multiple times but I’m at my convicted felon and I live in Detroit Michigan and my business is in Detroit Michigan. I started my business 100% legit