Few questions about being a felon around firearms.

[cunningStunts]

Hello everyone, I've been reading around but can't really find the answers I'm looking for, so I created an acct and am asking you all now!

I'm a felon as of this year, so it would ease my mind to know some of the laws I should be aware of.

1: My father has a pistol he keeps in a locked breifcase in his room, it's never loaded but the ammo IS stored with the weapon in the same case. Could there be anything about this that would harm me?

2: I have a lot of friends that are avid hunters and keep their rifles/shotguns in the vehicle with them. Can I legally ride along with them if the weapons aren't loaded and out of my reach? If not, what would make it okay for me to ride with them WITH the weapons in the vehicle, if at all?

3: My uncle is a retired marine and has an arsenal at his house (Powhatan county), most of the weapons are assault rifles and pistols, and some have full clips at the ready (not on in the chamber, but the magazine is in the weapon). Could this be dangerous for me if I do not touch them?

Thanks for any help, I don't understand most of the legal mojo I find on the VA law websites, so more simplistic answers would be appreciated.

Really appreciate anything, ty again!

[zerodown1]

Hello everyone, I've been reading around but can't really find the answers I'm looking for, so I created an acct and am asking you all now!

I'm a felon as of this year, so it would ease my mind to know some of the laws I should be aware of.

1: My father has a pistol he keeps in a locked breifcase in his room, it's never loaded but the ammo IS stored with the weapon in the same case. Could there be anything about this that would harm me?

2: I have a lot of friends that are avid hunters and keep their rifles/shotguns in the vehicle with them. Can I legally ride along with them if the weapons aren't loaded and out of my reach? If not, what would make it okay for me to ride with them WITH the weapons in the vehicle, if at all?

3: My uncle is a retired marine and has an arsenal at his house (Powhatan county), most of the weapons are assault rifles and pistols, and some have full clips at the ready (not on in the chamber, but the magazine is in the weapon). Could this be dangerous for me if I do not touch them?

Thanks for any help, I don't understand most of the legal mojo I find on the VA law websites, so more simplistic answers would be appreciated.

Really appreciate anything, ty again!

I want to make it clear up front that I am not an attorney. There are different types of possession under the law , actual possession, and constructive possession. In the case of your fathers locked briefcase, if you do not have the key,or know where the key is, to take control of the firearm, maybe you would be ok. It would be better if the case was not accessable to you. In the case of being in the friends vehicle knowing there are firearms in the vehicle, no, you would be putting yourself in jepordy, Same with your uncle, being in that house with loaded weapons around that are accessable to you, but you say you won't touch them, constructive possession. Your uncle would have to lock up the firearms so there is no way for you to gain access to them, or you would be in jepordy. Take this for what its worth, like I said I'm not an attorney. IMHO an over zealous prosecuter could do you serious damage in all these scenarios.

[cunningStunts]

Ugh, I figured I would be in some possible danger is all these cases but that's eye opening. Thank you very much zero!

Anyone else have some input on the questions?
Also, does anyone know the time limit of requesting for your firearm rights back AFTER being off of papers (probation/withheld time)? Forgot to add that question into the OP.

Ty!

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[snatale42]

Typically your fine, unless the guns are sitting on the coffee table its not really your problem. As the other guy said as long as you dont have access its not a big deal. For a house you live in them being in locked case that you cant access would be best. Because if you were the only one home you dont want anybody to say you had actual access to firearms. As far as gun rights restoration, that would depend on why you lost them. A lawyer would give your best answer but it typically depends on the charges. If it was domestic violence or theft related, your never getting them back.

Sent from my Galaxy SIII using Tapatalk 2

[cunningStunts]

Ty snatale for the reply, as I was expecting you had quite a different answer than zero. Would still like some other opinions, im hoping not to blow a hundred bucks talking to a lawyer.

As for my charges, I was arrested for sch.1/2 drug possession, no weapons or assault of any kind.

[ Post made via Mobile Device ]

[jdonovan]

1: My father has a pistol he keeps in a locked breifcase in his room, it's never loaded but the ammo IS stored with the weapon in the same case. Could there be anything about this that would harm me?

Its locked, and you hopefully don't have knowledge of the combination, or access to the keys.

2: I have a lot of friends that are avid hunters and keep their rifles/shotguns in the vehicle with them. Can I legally ride along with them if the weapons aren't loaded and out of my reach? If not, what would make it okay for me to ride with them WITH the weapons in the vehicle, if at all?

Probably, but it doesn't take much for it to turn bad. Your out with a buddy, stop at a 7-11 for a coke, he runs in you stay in the car. You are now in 'constructive possession'.

3: My uncle is a retired marine and has an arsenal at his house (Powhatan county), most of the weapons are assault rifles and pistols, and some have full clips at the ready (not on in the chamber, but the magazine is in the weapon). Could this be dangerous for me if I do not touch them?

Don't have access to them, don't be in proximity without an escort.

I don't understand most of the legal mojo I find on the VA law websites, so more simplistic answers would be appreciated.

Also, does anyone know the time limit of requesting for your firearm rights back AFTER being off of papers (probation/withheld time)? Forgot to add that question into the OP.

Legal questions... ask a lawyer. Seriously.

We could be seriously wrong on any of these answers. This is your freedom you're playing with if you screw something up.

[lizjimbo]

There are very few state crimes that will prohibit you forever from being able to get your firearms rights restored. Federal felonies is another story...domestic violence, even a misdemeanor is a permanent bar. Go to the Secretary of the Commonwealths website. You can determine what status you are in and what the wait time is to have the Governor restore your civil rights. If the crime was in a state other than Virginia you must petition that state for restoration of rights. It is odd, but in some states a felons rights are not taken away. The way the federal law reads is that in order for the federal government to not view you as a felon in possession of a firearm under federal law you must have had all of your rights taken away as the result of a state felony conviction and then had your rights restored. This must include the right to vote, sit on a jury, and hold public office. It is strange but if a particular right was not taken away then the feds say it was not restored therefore you still fall under a federal prohibition. The Governor does not restore firearm rights, those are restored by the circuit court of the county you reside in only after the Governor restores your civil rights (political disabilities). The court must restore your right to purchase, possess, and transfer any firearm otherwise lawful to own in Virginia. If the court only restores your right to possess a shotgun then the feds deem that none of your firearm rights have been restored and you are still a prohibited person under federal law. Be patient and be good. Humility goes a long way.

[lizjimbo]

Just one more clarification for you...constructive possession is the charge most felons get hit with. Actual possession is you have the firearm in your hand. Constructive possession means it is ready and available for your use (not in a secured safe), you just have to go and pick it up. Check out the Virginia Supreme Court website for their opinions on cases taken to that court. There was a guy that was actually charged with "constructive" possession and convicted of constructive possession simply because he had been in a house at one time where a firearm was available. He was not arrested in the house, just merely charged because someone claimed he had been in the house. The Supreme Court overturned the conviction but that is how close you can get to constructive possession.

[zerodown1]

I would advise you to look up the different legal definitions of posession. There is more than one type of posession , and you must be very careful.

[CDSnyder83]

If you are a felon, don't buy a gun....

[skeeterss0]

You said your Uncle is a retired Marine. He has access to the JAG office and might be able to help by haveing them research the legal Mumbo Jumbo for you.

[ProShooter]

1) Call
2) Your
3) Lawyer

Legal advice you get on the internet (especially that which could take away your freedom) is worth exactly what you paid for it.