Legal logistics

[Trapper Jim]

Aside from Trumps legal battles, a few questions arise. As a resident in New York and Florida do those states gun laws now prohibit Trump from gun ownership?

Does the improper person doctrine apply to a felon in those states.?

What action will the NRA take if any as far as spokespersonship?

What are the logistics for legal gun owners turning in guns after conviction?

With all eyes on Hunter Biden gun crimes will this bleed over to Trump going forward.?

Cartoonish as it is, it is messy business.

 

[bwframe]

This should really be in the 2nd Amendment forum. Just sayin...

This Trump "conviction" should be good overall for us and a good education for Trump. This is the ultimate exposure to lawfare.

From Trump's rights being trampled, to his own trampling of our rights through his own directive ATF orders. Consequently, to the current liberal adopted trend of a "law making ATF."

Time for all of us to wake up, DJT included...

 

[Trapper Jim]

Was t sure where to put it and perhaps mods will move it.

I’m not even sure how Indiana state process flow is for “proper persons” becoming “improper persons” in regards to gun ownership.

 

[BehindBlueI's]

What are the logistics for legal gun owners turning in guns after conviction?

Unless the gun is part of the plea/conviction, which generally means it's the weapon used to commit the given crime, the person doesn't have to 'turn them in'.

If the guns were taken as part of the investigation and need to be picked up they will have to show a plan to dispose of them, however. Could be as simple as having a family member who's not a prohibited person take possession to sell them on the now-prohibited person's behalf. If they are going to jail, it's really not a time sensitive problem given they won't be possessing them anyway. If they are going on house arrest, the courts are more interested.

 

[Kirk Freeman]

Aside from Trumps legal battles, a few questions arise. As a resident in New York and Florida do those states gun laws now prohibit Trump from gun ownership?

Does the improper person doctrine apply to a felon in those states.?

What action will the NRA take if any as far as spokespersonship?

What are the logistics for legal gun owners turning in guns after conviction?

With all eyes on Hunter Biden gun crimes will this bleed over to Trump going forward.?

Cartoonish as it is, it is messy business.

1. Yes, but even if not still have 18 USC §922(g)(1), prohibiting nearly all felons from guns.

2. I am unfamiliar with the "improper person doctrine"? Do you mean prohibited person under federal law?

3. Logistics? You sell them, give them away, etc. But that would have been done at your arrest likely.

4. Hunter is being prosecuted under 18 USC §922(g)(3), smoking the dope while possessing guns.

5. NRA taking action? Uncertain what you mean.

 

[MrSmitty]

Don Jr. is a huge gun owner/hunter/shooter, I'm sure his dad has passed them to him, if so required.
My questions would also be, since he has been convicted, but an appeal (hopefully) has been filed, is he restricted from possessing? Is it to late to wish for a meteor to hit NYC, or at least Alvin Bragg's office? asking for a friend..

 

[WebSnyper]

Don Jr. is a huge gun owner/hunter/shooter, I'm sure his dad has passed them to him, if so required.
My questions would also be, since he has been convicted, but an appeal (hopefully) has been filed, is he restricted from possessing? Is it to late to wish for a meteor to hit NYC, or at least Alvin Bragg's office? asking for a friend..

One would think convicted felon at this point until an appeal actually changes that so it would be in force?

 

[WebSnyper]

3. Logistics? You sell them, give them away, etc. But that would have been done at your arrest likely.

Are you saying most people give up their guns before being convicted of a felony or that somehow the law compels them to at/after arrest but before conviction? Seems like if it's the latter that would be without due process? Just trying to understand so use small, non lawyer, coherent words if you reply, please.

 

[BehindBlueI's]

Are you saying most people give up their guns before being convicted of a felony or that somehow the law compels them to at/after arrest but before conviction? Seems like if it's the latter that would be without due process? Just trying to understand so use small, non lawyer, coherent words if you reply, please.

It's very common to have 'no access to firearms' as part of your terms of pre-trial release. You can be held in jail pending trial, so having to store firearms elsewhere if you're released is considered less onerous than being held in custody. Same as GPS monitoring pre-trial, you can't just make someone wear a GPS tracker...but if the alternative is "or we keep you in a cell" it's pretty obvious which is less obtrusive.

As stated, you don't have to sell them, just have a plan as to where they are safely stored out of your access.

 

[Kirk Freeman]

Are you saying most people give up their guns before being convicted of a felony or that somehow the law compels them to at/after arrest but before conviction? Seems like if it's the latter that would be without due process? Just trying to understand so use small, non lawyer, coherent words if you reply, please.

It does not have to be a felony conviction for you to have to give up your guns.

BBI is correct it is often a condition of bond and not uncommon for people to sell guns to raise bond.

 

[gassprint1]

It does not have to be a felony conviction for you to have to give up your guns.

BBI is correct it is often a condition of bond and not uncommon for people to sell guns to raise bond.

There was a lawsuit some years ago i remember reading where a guy was charged and they took his guns. The argument was that the guy had not been convicted and had the legal right to repossess his guns to sell and not have the state just tqke them without compensation. I don't know the outcome or remember the state this was in. I also remember seeing i think a post here about non-violent felons trying to get their rights back.

 

[Kirk Freeman]

There was a lawsuit some years ago i remember reading where a guy was charged and they took his guns. The argument was that the guy had not been convicted and had the legal right to repossess his guns to sell and not have the state just tqke them without compensation. I don't know the outcome or remember the state this was in. I also remember seeing i think a post here about non-violent felons trying to get their rights back.

Perhaps you are referencing Henderson (2015)?

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[gassprint1]

Perhaps you are referencing Henderson (2015)?

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That could be it. I figured if any knew about such things, it would be you.

 

[HoughMade]

I remember G. Gordon Liddy talking about how he owned absolutely no guns whatsoever....but Mrs. Liddy had quite a robust collection.

However, "possess" may not mean what you think it means.

 

[Knights1776]

Don Jr. is a huge gun owner/hunter/shooter, I'm sure his dad has passed them to him, if so required.
My questions would also be, since he has been convicted, but an appeal (hopefully) has been filed, is he restricted from possessing? Is it to late to wish for a meteor to hit NYC, or at least Alvin Bragg's office? asking for a friend..

At first I was worried about Trump's guns. I forgot Jr was a super 2A advocate and probably got all of Trumps guns for safe keeping in the mean time.

 

[Creedmoor]

I remember G. Gordon Liddy talking about how he owned absolutely no guns whatsoever....but Mrs. Liddy had quite a robust collection.

However, "possess" may not mean what you think it means.

20? years ago I walked into a Hot Dog Restaurant in Fort Washington, MD.
Mr and Mrs Liddy were eating lunch at that time. I paid for their lunch, thanked him for his service, shook the mans hand and walked out the door.

 

[edporch]

I remember G. Gordon Liddy talking about how he owned absolutely no guns whatsoever....but Mrs. Liddy had quite a robust collection.

However, "possess" may not mean what you think it means.

I remember that. LOL
I used to listen to his show back in the day.