Shooting with a felony

[nawainwright]

I have a friend who was convicted of a non-violent felony sex crime a couple years ago. He is nervous about going out to the range with me (as he cannot own guns). Is he breaking probation by shooting someone else's gun, or can he just not possess a firearm. Sorry if its a dumb question.

 

[mrjarrell]

If it's in his hand he's "in possession" of a firearm. Personally, I wouldn't take the chance, if I were him.

 

[dbd870]

Here is the code.

IC 35-47-4-5
Unlawful possession of firearm by serious violent felon
Sec. 5. (a) As used in this section, "serious violent felon" means a person who has been convicted of:
(1) committing a serious violent felony in:
(A) Indiana; or
(B) any other jurisdiction in which the elements of the crime for which the conviction was entered are substantially similar to the elements of a serious violent felony; or
(2) attempting to commit or conspiring to commit a serious violent felony in: (A) Indiana as provided under IC 35-41-5-1 or IC 35-41-5-2; or
(B) any other jurisdiction in which the elements of the crime for which the conviction was entered are substantially similar to the elements of attempting to commit or conspiring to commit a serious violent felony.
(b) As used in this section, "serious violent felony" means:
(1) murder (<A name=IC35-42-1-1>IC 35-42-1-1);
(2) voluntary manslaughter (<A name=IC35-42-1-3>IC 35-42-1-3);
(3) reckless homicide not committed by means of a vehicle (IC 35-42-1-5);
(4) battery as a:
(A) Class A felony (<A name=IC35-42-2-1>IC 35-42-2-1(a)(5));
(B) Class B felony (<A name=IC35-42-2-1>IC 35-42-2-1(a)(4)); or
(C) Class C felony (<A name=IC35-42-2-1>IC 35-42-2-1(a)(3));
(5) aggravated battery (<A name=IC35-42-2-1.5>IC 35-42-2-1.5);
(6) kidnapping (<A name=IC35-42-3-2>IC 35-42-3-2);
(7) criminal confinement (<A name=IC35-42-3-3>IC 35-42-3-3);
(8) rape (<A name=IC35-42-4-1>IC 35-42-4-1);
(9) criminal deviate conduct (<A name=IC35-42-4-2>IC 35-42-4-2);
(10) child molesting (<A name=IC35-42-4-3>IC 35-42-4-3);
(11) sexual battery as a Class C felony (<A name=IC35-42-4-8>IC 35-42-4-8);
(12) robbery (<A name=IC35-42-5-1>IC 35-42-5-1);
(13) carjacking (<A name=IC35-42-5-2>IC 35-42-5-2);
(14) arson as a Class A felony or Class B felony (IC 35-43-1-1(a));
(15) burglary as a Class A felony or Class B felony (IC 35-43-2-1);
(16) assisting a criminal as a Class C felony (<A name=IC35-44-3-2>IC 35-44-3-2);
(17) resisting law enforcement as a Class B felony or Class C felony (<A name=IC35-44-3-3>IC 35-44-3-3);
(18) escape as a Class B felony or Class C felony (IC 35-44-3-5);
(19) trafficking with an inmate as a Class C felony (IC 35-44-3-9);
(20) criminal gang intimidation (<A name=IC35-45-9-4>IC 35-45-9-4);
(21) stalking as a Class B felony or Class C felony (IC 35-45-10-5);
(22) incest (<A name=IC35-46-1-3>IC 35-46-1-3);
(23) dealing in or manufacturing cocaine or a narcotic drug (IC 35-48-4-1);
(24) dealing in methamphetamine (<A name=IC35-48-4-1.1>IC 35-48-4-1.1);
(25) dealing in a schedule I, II, or III controlled substance (IC 35-48-4-2);
(26) dealing in a schedule IV controlled substance (IC 35-48-4-3); or
(27) dealing in a schedule V controlled substance (IC 35-48-4-4).
(c) A serious violent felon who knowingly or intentionally possesses a firearm commits unlawful possession of a firearm by a

serious violent felon, a Class B felony.
As added by P.L.247-1999, SEC.1. Amended by P.L.14-2000, SEC.76; P.L.17-2001, SEC.17; P.L.222-2001, SEC.5; P.L.151-2006, SEC.21.

Ther is also title 18 CH 44 from the Feds. If you've been convicted of a federal crime punishable by imprisonment of 1 yeasr or a state crime punishable by imprisionment of 2 years then you can't possess.

 

[geronimojoe85]

Doesn't G. Gordon Liddy always talk about "Mrs. Liddy's Guns"
I always questioned the legality of that. Seems stupid to me to advertise that stuff.

 

[Kirk Freeman]

Is he breaking probation by shooting someone else's gun, or can he just not possess a firearm.

Probation is the least of his worries, however standard terms of probation include no deadly weapons.

He would also be breaking federal law by possessing firearms or ammunition. If a person were to give him a firearm or round of ammunition knowing that he was a convicted felon, then that person could face federal prosecution.

Don't take your friend shooting. Don't let him look at your guns.

 

[Lex Concord]

Doesn't G. Gordon Liddy always talk about "Mrs. Liddy's Guns"
I always questioned the legality of that. Seems stupid to me to advertise that stuff.

Well....it is G. Gordon Liddy....

Haven't listened for years...does he still have a show? I wonder if he is still "Virile, Vigorous, and Potent..."

 

[JetGirl]

Don't take your friend shooting. Don't let him look at your guns.

THIS ^ !

It's hard, I know! I'm in a similar situation and the friend wants to go to the range so badly! You have to say "no". For them AND you!
The outcome is too risky for both your families.

 

[mertbl]

Sorry to steal the conversation, but I also have a friend like this. He has a felony for check fraud I believe. He wants to get back into hunting. Can he use a compound bow?

 

[Kirk Freeman]

He wants to get back into hunting. Can he use a compound bow?

Is he off probation?

 

[mertbl]

Yes.

 

[nawainwright]

Thanks for the heads up, thats what I thought....but figured I'd ask anyway.

 

[SouthBendIN]

how are people with felonies allowed to buy ammo then?

 

[groovatron]

How about some cap and ball? I think even felons can own muzzle loaders, can't they?

 

[mrjarrell]

How about some cap and ball? I think even felons can own muzzle loaders, can't they?

This was discussed in another thread some months ago and, as I recall, the legal consensus was that even black powder was out for felons. Had to do with the definition of a firearm, as I remember it.

 

[byford80]

criminals are criminals. its illegal to possess a firearm if a felon

 

[Kirk Freeman]

how are people with felonies allowed to buy ammo then?

O.K., why do you think convicted felons may purchase ammunition?

Please tell me that you did not hear this in a gun shop.

I think even felons can own muzzle loaders, can't they?

It depends. What kind of felons (Indiana's SVF covers muzzle loaders)? What kind of muzzle loaders (some MLs are classified by ATFE as Title I)?

criminals are criminals. its illegal to possess a firearm if a felon

Again, it depends. What type of criminal? What type of firearm?

 

[42769vette]

how are people with felonies allowed to buy ammo then?

i hope it never gets to the point i need a background check to buy ammo.

 

[Dawall]

Your handing a firearm to a person that you know is a convicted felon.- Think about it.

 

[kcw12]

Dawall i got a friend who got convicted of a felony with child support, should he not touch guns either?

 

[Dawall]

kcw12 I fully agree with you, I would not like to see someone in that circumstance prosecuted over something that is common sense. Those who really need prosecuting are untouched like some of our elected officials.