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Kimber45

convicted felon statute of limitations.

By Kimber45, in Current New Jersey Gun Laws Discussion

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Kimber45    3

Kimber45
Posted

Hello all a quick question. I have a friend of a friend that was convicted of a drug possession/ dist charge a while back and spent time in prison. Is there a time frame where he can possess or handle firearms in NJ. Would he be able to go and shoot with someone with a valid FID?

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fishnut    2,358

fishnut
Posted

Are you sure he is a felon? I know a few people who served prison time for possisson and distribution but are not felons. I even know one guy who got his FID after serving prison time for possession and destruction of evidance. However if a felon I'm pretty sure it's for life.

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pasu0115    200

pasu0115
Posted

A convicted felon is barred from possessing firearms and ammunition under federal law. The only way to get around that would be if they obtained a presidential or gubernatorial pardon, or if they went through the process to have the conviction expunged.

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mikeyjones    88

mikeyjones
Posted

A convicted felon is barred from possessing firearms and ammunition under federal law. The only way to get around that would be if they obtained a presidential or gubernatorial pardon, or if they went through the process to have the conviction expunged.

I remember reading somewhere about how different states have different lengths of time for the prohibition. I need to dig it up if I can find it.

 

Sent from my ONE A2005 using Tapatalk

 

 

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Smokin .50    1,907

Smokin .50
Posted

^^^^^Served 3.5 out of 10, so he's out on Parole, and as a FELON out on Parole, if he's snagged with a gun in his hands, he's subject to revisiting the State lock-up for those other 6.5 years!  One picture on Facebook is all it would take.

 

If I'm wrong about this, GRIZ or someone else please chime-in!

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mipafox    438

mipafox
Posted

Everybody needs to stop talking about "Felons." Even many misdemeanors can get you banned from ever touching a firearm nationwide under federal law. Probably the majority of them.

 

I remember reading somewhere about how different states have different lengths of time for the prohibition. I need to dig it up if I can find it.

 

Sent from my ONE A2005 using Tapatalk

If he was sentenced to 10 years he is banned for life federally, state law doesn't mean shit.

 

One good thing about NJ is they seem to be more reasonable than many states with pardons and expungements. Dude needs a lawyer with a good track record on these things.

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GRIZ    3,369

GRIZ
Posted

^^^^^Served 3.5 out of 10, so he's out on Parole, and as a FELON out on Parole, if he's snagged with a gun in his hands, he's subject to revisiting the State lock-up for those other 6.5 years!  One picture on Facebook is all it would take.

 

If I'm wrong about this, GRIZ or someone else please chime-in!

You are correct. The OP stated it was "a while back". If that's 9 years ago he'd go back for to do his 6.5 years. If it was 20 years ago he would be a felon on possession of a firearm. He wouldn't most likely be charged with that if he was still on parole but he could. There can be a lot of conditions with parole but not possessing firearms is pretty standard.

 

Doing 3.5 years on a 10 year sentence for distribution charge means he wasn't dealing nickel bags of grass. Not saying he isn't reformed now.

 

IIRC, as black powder guns are not considered firearms under federal law a convicted felon can possess one depending what the state says. Not in NJ.

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Smokin .50    1,907

Smokin .50
Posted

You are correct. The OP stated it was "a while back". If that's 9 years ago he'd go back for to do his 6.5 years. If it was 20 years ago he would be a felon on possession of a firearm. He wouldn't most likely be charged with that if he was still on parole but he could. There can be a lot of conditions with parole but not possessing firearms is pretty standard.

 

Doing 3.5 years on a 10 year sentence for distribution charge means he wasn't dealing nickel bags of grass. Not saying he isn't reformed now.

 

IIRC, as black powder guns are not considered firearms under federal law a convicted felon can possess one depending what the state says. Not in NJ.

Yes, I knew that and was going to mention it myself.  I'm a member of a forum about muzzleloading, and the topic of using a cap and ball revolver for self defense comes up every-so-often, mostly in-part because of what i just highlighted.  Even more mind-blowing is the fact that rapes, AAand B's, carjackings, even hold-ups have been stopped by hard-working, fully-reformed felons using cap and ball revolvers in FREE STATES.  But not in New Jermany..........

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Guest   

Guest
Posted

why in the world are you asking for legal advice here or anyplace on the internet???? Tell your friend to contact a legal expert to cover his ass.

 

I can here him now as the cops place the cuffs on him "but they said online I could own/handle/shoot firearms, it must be legal, let me go, pigs"

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Kimber45    3

Kimber45
Posted

I was looking for anyone with personal experence in this situation not legal advise..... thank you very much.. and if you really must know the person iam inquiring about is my wifes scumbag ex. Who thinks he can do what he wants and not get jambed up.. honestly I hope he does get someone to let him use a firearm as long as its not my stepson... and get tossed back in the can....again to all that gave personal input thanks. Others well, you know what you can do......

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son of sam    9

son of sam
Posted

I have a friend who was convicted of possession of something like 8lbs of pot when he was 18 y/o. Not sure of the prison term or if he even went, I know he moved to CA for a while. lol

Anyway he is no 40ish, never had anything more than a traffic ticket since, business owner, a pillar of the community. Unfortunately once a felon, always a felon. He may never possess a firearm in the US again. I should also mention that to my knowledge a felony conviction cannot be expunged. I would never take him to a range with me even if he wanted to go, I would also never hand him a gun to "check out". It sucks for those that have similar convictions. However, no one made them possess the pot. They knew it was against the law when they did it.

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pasu0115    200

pasu0115
Posted

Heres an interesting chart by state by state...https://www.nacdl.org/ResourceCenter.aspx?id=25091

The chart for the states really doesn't matter. The only thing that matters on that chart is Federal. Under federal law anyone convicted of a felony for which they can be given a sentence of more than one year is barred from possessing firearms and ammunition. I think even if you are sentenced less than a year on a felony, the prohibition still applies. I think a sentence of probation for a felony conviction applies as well. Do not possess firearms if you have a felony conviction only a pardon or expungement can restore your firearms rights.

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mikeyjones    88

mikeyjones
Posted

The chart for the states really doesn't matter. The only thing that matters on that chart is Federal. Under federal law anyone convicted of a felony for which they can be given a sentence of more than one year is barred from possessing firearms and ammunition. I think even if you are sentenced less than a year on a felony, the prohibition still applies. I think a sentence of probation for a felony conviction applies as well. Do not possess firearms if you have a felony conviction only a pardon or expungement can restore your firearms rights.

Not true. Your state can reinstate your civil rights after felony conviction. Therefore you will no longer be a felon. That's where the states come in.

 

Sent from my ONE A2005 using Tapatalk

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1LtCAP    4,262

1LtCAP
Posted

Your friend could go to most any range and shoot a friend's firearm. I'm entirely unsure of it's legality so YMMV.

my understanding from my best friend.....who got a felony back in 77 or so.....is that no. not only can he not own/possess a firearm, but he can't even handle mine if he came to the range with me. he can't vote either.

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kirk2022    43

kirk2022
Posted

I have A Stepson (unfortunately) That has A felony conviction in NJ, Served his time and is out.

He cannot own or even handle A firearm period.  Plus anyone knowingly allowing A convicted felon to do so, will be breaking the law.

 

Slippery slope? No.

The Law? Yes

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