Selling a gun with a pending felony?

[carready]

As long as he does not have access to it... If convicted... Before that nothing changes.

 

[mtnboomer]

Yes, if not convicted yet, he can still possess it. After conviction, he's not even supposed to be in a house where there is a gun (this is a grey area, most LEOs won't say anything, but technically it could put him in jail), but if it's locked up and not accessible to him it, might be okay.

 

[henschman]

He is legally fine to possess and sell guns. He is innocent of the crime he is charged with unless and until he is convicted. Also, felons can legally sell guns all they want... they just can't legally possess them.

 

[p238shooter]

I thought people were innocent until convicted guilty. I might get convicted of something someday, but today I am not. Seems like this would be the same.

 

[dennishoddy]

I thought people were innocent until convicted guilty. I might get convicted of something someday, but today I am not. Seems like this would be the same.

Where have you been lately. Lol.

 

[SMS]

He was never told he couldn't have one and considering he isn't a felon yet it should be okay.

Are you sure? Is he on any sort of "pre-trial release"? I've worked probation/pre-trial release in a couple of counties and one of the conditions of pre-trial release, along with no drugs/alcohol is no access to firearms, especially with a violent felony. Those release agreements have the force of a judge's order/state law behind them.

 

[Glocktogo]

Unless a judge sets it as a pretrial condition for bail, possession is not an issue prior to conviction. I know more than one criminal attorney who have been known to store firearms for those whose pretrial conditions require temporarily giving up possession in exchange for bail. At least one of them also takes firearms as partial payment for services rendered.

I also know of one instance where a felon upon release from federal prison was allowed by BATFE to transfer an NFA item to a Class III dealer, that he still had papered to him. Yes, BATFE was the arresting agency and they didn't even bother to relieve him of his registered NFA items.

 

[FamousAJ]

His pending felony charge doesn't stop his wife or girlfriend from owning a rife.

but if he was around it...