A question about owning a gun and a felony from the 70's?
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A question about owning a gun and a felony from the 70's?
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Okay, basically I know this guy who got into some problems and was charged as a felon back in the 1970's. He stole a car from New York and drove it to Atlanta or something very similar to that. He hasn't been in trouble since, to my knowledge. Many years ago, he got into a motorcycle accident and they took his gun from him that he had on him (9mm hand gun). My uncle (who is roommates with him at the present time) went down with the guy's mother to wherever they were holding the gun and got it for him. Because they had apparently taken it without a real reason.
He's in jail again. As far as I know, they stopped him for not having on a seatbelt in a car. Took his gun, and arrested him for charges that are currently unknown other than the aforemention thing with the gun. He has a permit for the gun - and they issued him a legal permit - yet they arrested supposedly because he "can't have a gun due to being a felon." Obviously, that would be a tremendous screw-up in the law, and seems to be time #2 according to my uncle.
The guy is in jail now. He's missing day 2 of his job due to being locked up, and may lose his job. Nobody has the money to get him out. What are the state laws for this, in Georgia? They live in North/Central Georgia. Thanks.
Additional Details
Also...can he sue them for this? I have a feeling that there could be a few more details that this guy (in jail) didn't release to my uncle (his roommate) who is trying to get him out, since that's the other half of the rent for his place to live, pretty much. But I'm not sure of the details. He can't reach the guy's mom, and the other family members of the guy won't do anything to help him. Suggestions?
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slc_corrado
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Depending on the state you live in the laws are different for felons and gun ownership. It's true a felon cannot legally own, possess or purchase a firearm unless.... Most states have it written in the law they may request to have their privileges restored if they were convicted for a non-violent felony. The order may only come from a judge. Most are not approved since the District Attorney will be fighting for the state. Here in Illinois a felon may apply 20 years after the end of his sentence. I don't know the time frame for Georgia.
Regardless of whether he was issued a permit to carry concealed doesn't confer the right to possess a firearm. If a judge hasn't restored his right he's legally not allowed to possess. |
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idak13
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What your referring to is actually a federal law. Felons can not own a gun legally in the U.S. Has nothing to do with the state of Georgia.
The Georgian authorities should have never given him the gun back nor a permit. Sounds like it maybe grounds for illegal entrapment. |
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andrewiscool4312
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not going to be an a/s/s but he needs a <b />lawyer and they can give you the answers try a lawyers chat room |
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killvill
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that sux! the cops kinda skrewed up but without a good lawyer u can do nothing......he can sue the police dept though...good luck and get a great lawyer |
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Smelly Junk
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Wow . . . I don't know the specific laws in your state. But I can tell you that this guy is a trouble maker that deserves to be in Jail. Don't you think that there might be a reason that he keeps getting stopped by the police . . . not to mention the fact that he keeps getting caught with firearms.
If nothing else . . wouldn't this 'adult' be smart enough to get rid of the gun the first or second time he went to jail for it.
What a moron! |
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