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Spouse of felon and firearms...
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<blockquote data-quote="owassopilot" data-source="post: 1657077" data-attributes="member: 16273"><p>You might contact an attorney in Nebraska and have them investigate whether his firearm rights were restored after he completed probation. It is a common misconception that federal law prohibits felons from possessing firearms. That is not entirely accurate. It only states a person convicted of a crime punishable by imprisonment exceeding one year. No mention of felonies in Federal law. However, Missouri law DOES prohibit anyone convicted of a felony from possession.</p><p></p><p>As best I can tell, Missouri will only recognize a full pardon in restoring state rights to possession. Therefore, he would have to receive a pardon from the governor of Nebraska. What you need to do is have an attorney investigate if there was some type of deferred sentence involved where the charge was actually dismissed. If it truly was a conviction, then only a pardon will restore his rights. I would agree with others that you would have a hard time defending him against possession charges if you had a firearm in the house.</p><p></p><p>Here is an excerpt from Federal law regarding control and possession:</p><p></p><p>"Possession of a firearm may be either actual or constructive. The latter has been defined as</p><p>follows: Constructive possession exists when a person knowingly has the power and intention at</p><p>a given time of exercising dominion and control over the object or over the area in which the object</p><p>is locate.... (See U.S. v Booth, et.al. 111 F.3d 2 [1st Cir. September 1997]). If you know the</p><p>firearm is present in your residence, vehicle, etc., and if it can be shown that you have the ability to</p><p>access and exercise control over that firearm personally or through another individual, then you</p><p>could be considered to have constructive possession of the firearm. You would then be subject to</p><p>new criminal charges and/or revocation of supervision. For these reasons, all firearms are to be</p><p>removed from your residence during the term of supervision."</p><p></p><p><a href="http://www.rip.uscourts.gov/rip/supervision/firearmpossession/FirearmPossessionProhibition.pdf" target="_blank">http://www.rip.uscourts.gov/rip/supervision/firearmpossession/FirearmPossessionProhibition.pdf</a></p></blockquote><p></p>
[QUOTE="owassopilot, post: 1657077, member: 16273"] You might contact an attorney in Nebraska and have them investigate whether his firearm rights were restored after he completed probation. It is a common misconception that federal law prohibits felons from possessing firearms. That is not entirely accurate. It only states a person convicted of a crime punishable by imprisonment exceeding one year. No mention of felonies in Federal law. However, Missouri law DOES prohibit anyone convicted of a felony from possession. As best I can tell, Missouri will only recognize a full pardon in restoring state rights to possession. Therefore, he would have to receive a pardon from the governor of Nebraska. What you need to do is have an attorney investigate if there was some type of deferred sentence involved where the charge was actually dismissed. If it truly was a conviction, then only a pardon will restore his rights. I would agree with others that you would have a hard time defending him against possession charges if you had a firearm in the house. Here is an excerpt from Federal law regarding control and possession: "Possession of a firearm may be either actual or constructive. The latter has been defined as follows: Constructive possession exists when a person knowingly has the power and intention at a given time of exercising dominion and control over the object or over the area in which the object is locate.... (See U.S. v Booth, et.al. 111 F.3d 2 [1st Cir. September 1997]). If you know the firearm is present in your residence, vehicle, etc., and if it can be shown that you have the ability to access and exercise control over that firearm personally or through another individual, then you could be considered to have constructive possession of the firearm. You would then be subject to new criminal charges and/or revocation of supervision. For these reasons, all firearms are to be removed from your residence during the term of supervision." [url]http://www.rip.uscourts.gov/rip/supervision/firearmpossession/FirearmPossessionProhibition.pdf[/url] [/QUOTE]
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