Newcomer looking for advice!

[paddling_man]

Originally Posted by r3126

Paddling_man, super research and post. I stand corrected. I was sure someone would have this down pat.

No, no, no. Don’t take my word for it or sources on the ‘net. Keep digging and looking. I would say the data at hand would indicate to be cautious. Definitely not a slam dunk.

Can you buy one? Yes!
Get a carry permit? Based on what you’ve submitted about yourself, YES.
Would your husband get in deep doo-doo if you ever had to defend yourself with it in your home and he was present? If the prosecuter wanted to, the evidence would indicate YES. Depends class of felony, etc..

Originally Posted by RachelMarie

I wonder if I could own guns and stor them at another house (family members home?). Anyways...thanks for the heads up...I'm going to keep trying!

The issue isn't your legal status to own a gun but his legal jeopardy if it passes the legal test for his being a "felon in possession of a firearm."

Could you own a gun and store it elsewhere? Sure. A whole other can of worms regarding not being in control of a firearm... maybe?? You would have to be certain it passes the legal test that he had ZERO access, legal or physical, to the place of storage. Again, I'm just throwing stuff out there. An engineer, not an attorney. (Not even a good engineer, at that. )

[Scutter01]

Originally Posted by paddling_man

(Not even a good engineer, at that. )

Hey, don't sell yourself short! Those trains won't drive themselves, you know!

[RachelMarie]

Again, I'm just throwing stuff out there. An engineer, not an attorney. (Not even a good engineer, at that. )

Though I dont know you...I get a gut feeling that the above statement is FLASE!

Thank you for your responces. For my hub's sake...it better be legal, or he might just be replacable! lol

[Chefcook]

Originally Posted by RachelMarie

Though I dont know you...I get a gut feeling that the above statement is FLASE!

Thank you for your responces. For my hub's sake...it better be legal, or he might just be replacable! lol

Its unfortunate that a man can lose his inalienable rights over BS. That's just another way they take every inch they can get. Some of the things that constitute a felony today are not even crimes that should effect your 2nd amendment rights. You can score a felony for traffic violations if they are deemed to be habitual. I have little faith in the system. If a man is deemed safe to be on our streets and part of our community then he should have the same rights as anyone else. Otherwise he should be dead or in prison...

[Bigum1969]

This situation shows the challenges that the felony restriction on gun ownership can cause.

[Indyvet]

My opinion is that you should have no problems possesing a firearm. As long as you do not make an issue about your husband's situation, are purchasing the handgun for him, he does not have possession of it, I would not think it is an issue. When you apply for a permit or go through a nics check for purc hasing the firearm, they will not ask about your husband. They only check you. You might look into speaking to an attorney or maybe someone in law enforcement to be sure. Loks like by the replies you can see both sides of the coin on this one.

[kludge]

Since the felony is more than 20 years old you can apply for relief. I don't know how often this actually happens though.

I know that G Gordon Liddy's wife owns several guns.


IC 35-47-2-20
Removal of disability under this chapter
Sec. 20. (a) A full pardon from the governor of Indiana for:
(1) a felony other than a felony that is included in IC 35-42; or
(2) a violation of this chapter;
removes any disability under this chapter imposed because of that offense, if fifteen (15) years have elapsed between the time of the offense and the application for a license under this chapter.
(b) A conditional pardon described in IC 11-9-2-4 for:
(1) a felony; or
(2) a violation of this chapter;
removes a disability under this chapter if the superintendent determines after an investigation that circumstances have changed since the pardoned conviction was entered to such an extent that the
pardoned person is likely to handle handguns in compliance with the law.
As added by P.L.311-1983, SEC.32. Amended by P.L.191-1984, SEC.6; P.L.148-1987, SEC.6.



IC 35-47-4-7
Persons prohibited from possessing a firearm; restoration of right to possess a firearm
Sec. 7. (a) Notwithstanding IC 35-47-2, IC 35-47-2.5, the restoration of the right to serve on a jury under IC 33-28-5-18, or the restoration of the right to vote under IC 3-7-13-5, and except as provided in subsections (b), (c), and (f), a person who has been convicted of a crime of domestic violence may not possess a firearm after the person's release from imprisonment or lawful detention.
(b) Not earlier than five (5) years after the date of conviction, a person who has been convicted of a crime of domestic violence may petition the court for restoration of the person's right to possess a firearm. In determining whether to restore the person's right to possess a firearm, the court shall consider the following factors:
(1) Whether the person has been subject to:
(A) a protective order;
(B) a no contact order;
(C) a workplace violence restraining order; or
(D) any other court order that prohibits the person from possessing a firearm.
(2) Whether the person has successfully completed a substance abuse program, if applicable.
(3) Whether the person has successfully completed a parenting class, if applicable.
(4) Whether the person still presents a threat to the victim of the crime.
(5) Whether there is any other reason why the person should not possess a firearm, including whether the person failed to satisfy a specified condition under subsection (c) or whether the person has committed a subsequent offense.
(c) The court may condition the restoration of a person's right to possess a firearm upon the person's satisfaction of specified conditions. (d) If the court denies a petition for restoration of the right to possess a firearm, the person may not file a second or subsequent petition until one (1) year has elapsed after the filing of the most recent petition.
(e) A person has not been convicted of a crime of domestic violence for purposes of subsection (a) if the conviction has been expunged or if the person has been pardoned.
(f) The right to possess a firearm shall be restored to a person whose conviction is reversed on appeal or on postconviction review at the earlier of the following:
(1) At the time the prosecuting attorney states on the record that the charges that gave rise to the conviction will not be refiled.
(2) Ninety (90) days after the final disposition of the appeal or the postconviction proceeding.
As added by P.L.118-2007, SEC.37.

There may be other hoops to jump through too, and I can't promise any of the above applies in your situation.

[RachelMarie]

Holy crap...I'm pissed. I will be doing more research.....ugh. It is so funny that something that happened 20+ years ago and had NOTHING to do with violence could cause problems now. It's stupid. I wonder if I could own guns and stor them at another house (family members home?). Anyways...thanks for the heads up...I'm going to keep trying!

[IndyRoadie]

First, let me say . This is a great place, I am glad you found us.

I also did some research and found similar answers to what kludge posted. It appears for your husbands legal safety, he would have to have his "rights restored". There are several "Ask a Lawyer" type websites out there. It can't hurt to shoot them an email and see what they say.

Good luck!

[RachelMarie]

Again..thanks for all the info. I'm pissed, yes. But dont get me wrong...I will do all the research I can and ask as many people as possible until I find out what I'm looking for. I will not give up on this because it is something I want REALLY bad. I wonder if it would help if I dont tell my husband when I get it and hide it where he cant find it...lol. Legally speaking...probably not!
I will def talk to the hubby and see what HE can do. The felony was in the state of Florida so I'm not sure what he could do about it being in Indiana now! I know he can get the felony expunged but has never had a need to do it. He's never ran into problems with his felony because he's been legal ever since. So maybe that is the route we'll take? I'm not sure yet. I've got a lot of researching to do....
I do thank you guys for taking the time to give me your advice. Hopefully at somepoint I WILL be the owner of a pretty little number! LOL