Shed a little light? (Legal Advice)

[Bigc177]

Ok, so on Father's Day my father and I got into a discussion about him and his firearms... Long story short, My old man has given me his firearms due to the fact he has been arrestred, and pled guilty to Intemidation w/ a hand gun (5+ yrs ago), and most resently (1 yr ago) Domestic Abuse w/ a child present. When he pled guily, he took the plea agreement to both charges, and received misdemeanors.

Anyway, I tried to not turn this into a heated battle, but my father is VERY bull headed, and VERY set in his own ways, and insists that he can have his firearms back, and he can even apply for a LTCH... I told him that I'm not 100% sure on the laws, but was 50-50 that he may be breaking the law in some way, if he does. BTW, my Step Mother pulled me to the side and told me she does not want him to have and weapons of any kind and told me to bury them if he comes looking for them... Also, lets not forget the fact that my parents have my POS felon of a brother in-law living w/ them too!

Can anyone shed a little light on my situation at hand

 

[CountryBoy19]

Also, lets not forget the fact that my parents have my POS felon of a brother in-law living w/ them too!

That's all we needed to know. He cannot have ANY access to firearms so unless your dad keeps them locked up and the BIL doesn't have the key or know the combo, then he can get in some big trouble.

 

[Stschil]

He certainly has the right to apply to have his LTCH reinstated, but I don't think that, assuming he plead to felony counts, it would be approved.

Im not a lawyer, nor a social counselor, but maybe the best thing to do, and take any heat off of you would be to tell him, if he applies and his LTCH is reinstated, you'll give them back. That way, when/if it is denied you are not the one "telling" him he can't have them back.

The sitch with your Mother and the other person is something different altoghther. I can't even imagine having to deal with that.

I wouldn't want to be in your shoes.

 

[Westside]

He certainly has the right to apply to have his LTCH reinstated, but I don't think that, assuming he plead to felony counts, it would be approved.

Im not a lawyer, nor a social counselor, but maybe the best thing to do, and take any heat off of you would be to tell him, if he applies and his LTCH is reinstated, you'll give them back. That way, when/if it is denied you are not the one "telling" him he can't have them back.

The sitch with your Mother and the other person is something different altoghther. I can't even imagine having to deal with that.

I wouldn't want to be in your shoes.

^^^^This seems Like the best advice I could come up with as well^^^^^^
I'm not a lawyer this is not legal advice, it's just one man's thoughts.

 

[markiemark]

He certainly has the right to apply to have his LTCH reinstated, but I don't think that, assuming he plead to felony counts, it would be approved.

Im not a lawyer, nor a social counselor, but maybe the best thing to do, and take any heat off of you would be to tell him, if he applies and his LTCH is reinstated, you'll give them back. That way, when/if it is denied you are not the one "telling" him he can't have them back.

The sitch with your Mother and the other person is something different altoghther. I can't even imagine having to deal with that.

I wouldn't want to be in your shoes.

____________________________________________________________

+1 for the above.
You wouldnt have any other brothers or sisters tthat would be able to help you with the situation would you? You may want to bring them together if your able, to get as much inter-family advice as possible and maybe any interaction that they had with your father while you werent around.

 

[Stainer]

IC 35-47-4-6
Unlawful possession of a firearm by a domestic batterer
Sec. 6. (a) A person who has been convicted of domestic battery under IC 35-42-2-1.3 and who knowingly or intentionally possesses a firearm commits unlawful possession of a firearm by a domestic batterer, a Class A misdemeanor.
(b) It is a defense to a prosecution under this section that the person's right to possess a firearm has been restored under IC 35-47-4-7.
As added by P.L.195-2003, SEC.7. Amended by P.L.98-2004, SEC.156; P.L.118-2007, SEC.36.

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.





He doesn't have any felonies because he said he plead to misdemeanors, but he is a convicted domestic batterer and this is what you have to look at. Then the whole brother-in-law thing.... I would just say you keep the guns til the BIL moves out. Better for you to keep them then him lose them forever.

 

[mrjarrell]

No guns for dad. The Lautenberg Amendment covers that, even tho he plead them down to misdemeanors he is barred from firearms ownership.

Domestic Violence Offender Gun Ban - Wikipedia, the free encyclopedia

 

[Bigc177]

____________________________________________________________

+1 for the above.
You wouldnt have any other brothers or sisters tthat would be able to help you with the situation would you? You may want to bring them together if your able, to get as much inter-family advice as possible and maybe any interaction that they had with your father while you werent around.

Matter of fact I have 2 step-sisters and a step-brother. The two step-sisters (one of which is married to the felon) both live w/ my Dad and Step-Mom, b/c they can't cut the cord from thier Mommy yet @ 27 yrs old, thats another story tho... They were all present and accounted for while we had this dicussion, and are on their Mother's side. My ol' man can be a mean and hateful SOB @ times, just look at the charges listed above!

I can't really blame my Step-Mom for not wanting the firearms in the house, after all she was the one being beat on... To tell you the truth the more I think about it, the more he really doesn't need them. What if next time he flies off the handle, he starts throwing bullets around instead of fists?! I couldn't live w/ that on my conscience...

Man, have I ever gotten myself in a pickel?!!

 

[Bigc177]

No guns for dad. The Lautenberg Amendment covers that, even tho he plead them down to misdemeanors he is barred from firearms ownership.

Domestic Violence Offender Gun Ban - Wikipedia, the free encyclopedia

+1 I just finished reading the Bill and that pretty much sums it up in a nut shell. Thanks!

 

[T.Lex]

Don't be too hard on yourself Bigc, you're just trying to do the right thing.

Just remember - you can pick your friends, and you can pick your nose, but you can't pick your friend's nose (or your family).

Good luck!

 

[Jack Burton]

If the situation gets too bad then just find a FFL who will do the firearm transfers for a reasonable fee. If your father cannot persuade the background check system that he can receive the guns from an FFL then you have no responsibility to turn them over to him. Perhaps someone here on INGO with an FFL can help you out with it.

 

[patience0830]

Hard row to hoe.

It's hard to get past the "Diapered Butt Syndrome" ,(I diapered your butt, you can't possibly know what you're talking about.) ,
when you're dealing with a parent. Particularly an angry, unreasonable parent who feels abused by the system and everybody in it.

Show him the law. Let him read the Lautenberg bill. If he still wants 'em back, the NICS check might be the thing that convinces him. You could offer to buy him a gun if he'll do the NICS at the dealer. If he fails, maybe he'll get the msg.

Truthfully, it sounds like your Dad is one of those guys who doesn't need a gun to get into trouble. It would just make his situation worse. For everybody. I hope your father is a teetotaler. Alcohol doesn't improve what appears to, already, be poor judgement. I've been there and hopefully gotten over it.

Sometimes wisdom comes with age. Sometimes age comes all by itself.

 

[BarryJaxon]

Always hard to tell your dad no,atleast in my case,glad it`s not me...

 

[Redskinsfan]

Sometimes wisdom comes with age. Sometimes age comes all by itself.

I love that. I will keep it for my own, it is so true.

Terry

 

[Slapstick]

Not only is there Indiana code against it but US Criminal Code Title 18 Section 922 (g) paragraph 8 & 9 also says no.

(g) It shall be unlawful for any person— ................

(8) is subject to a court order that restrains such person from harassing, stalking, or threatening an intimate partner of such person or child of such intimate partner or person, or engaging in other conduct that would place an intimate partner in reasonable fear of bodily injury to the partner or child, except that this paragraph shall only apply to a court order that— (A) was issued after a hearing of which such person received actual notice, and at which such person had the opportunity to participate; and
(B)

(i) includes a finding that such person represents a credible threat to the physical safety of such intimate partner or child; or
(ii) by its terms explicitly prohibits the use, attempted use, or threatened use of physical force against such intimate partner or child that would reasonably be expected to cause bodily injury; or

(9) has been convicted in any court of a misdemeanor crime of domestic violence.

......................to ship or transport in interstate or foreign commerce, or possess in or affecting commerce, any firearm or ammunition; or to receive any firearm or ammunition which has been shipped or transported in interstate or foreign commerce.

 

[billybob44]

If the situation gets too bad then just find a FFL who will do the firearm transfers for a reasonable fee. If your father cannot persuade the background check system that he can receive the guns from an FFL then you have no responsibility to turn them over to him. Perhaps someone here on INGO with an FFL can help you out with it.

Jack, this may sound like a compromise, but I do not agree with your idea. If/when "The Old Man" goes off again and a firearm is around, things will get real bad-real quick.
With the other Convict in the house also this would be putting gasoline on the fire.
Also the OP already said that he would not want a firearms incident on his conscience.
I would say the OP needs to show The Old Man a copy of the current laws+convince him that He CAN NOT possess weapons+that would just put Him back in jail---Not to mention the problem with the POS Felon In-law.. Just my 2c. Bill..

 

[Jack Burton]

Jack, this may sound like a compromise, but I do not agree with your idea. If/when "The Old Man" goes off again and a firearm is around, things will get real bad-real quick.
With the other Convict in the house also this would be putting gasoline on the fire.
Also the OP already said that he would not want a firearms incident on his conscience.
I would say the OP needs to show The Old Man a copy of the current laws+convince him that He CAN NOT possess weapons+that would just put Him back in jail---Not to mention the problem with the POS Felon In-law.. Just my 2c. Bill..

But that's the idea, Bill. The FFL is going to get a denial back and the burden is then off the OP to give the guns back.

 

[billybob44]

But that's the idea, Bill. The FFL is going to get a denial back and the burden is then off the OP to give the guns back.

^^^Good Stuff Jack--I see your point..Bill.

 

[Bill of Rights]

...You could offer to buy him a gun if he'll do the NICS at the dealer....

WARNING! Do NOT do this, or at least if you're going to, tell him you'll reimburse him the cost of the gun later. Even a hint of a thought of a straw purchase (buying a gun for someone who cannot lawfully do so) is not somewhere you want to go. Ten years in Club Fed and $10,000.00 fine is far too high a cost, IMHO.

Again, make sure if he's going to get a gun at a dealer, he is the ONLY one with whom the dealer is making a transaction. Personally, I would recommend asking the dealer if it will go through, rather than actually trying it; if he tries to make the purchase and is denied, that's one more prohibited person in the Brady stats.

Good luck in this very difficult situation.

Blessings,
Bill

 

[SCriswell]

Due to the domestic violence conviction your father can no longer own, buy, or get a permit to carry a handgun. Even if the DV conviction is a misdemeanor.