Giving a felon a gun

[Mindflayer]

A little background - I have a guy on my team that I inherited. I found out he's a felon, convicted for shooting into a crowd of people from a vehicle. (Not sure how he passed our background check to be a sysadmin here.) A couple of the guys on the team know I take folks out to try shooting, and have asked me to do the same. This guy asks incessantly when we're going.

Now, I know as a felon he can't touch a gun. What is the penalty in VA or at the federal level for me handing him a gun at the range? My search-fu seems to be failing me. I want to provide HR a firm reason why I am treating him "unfairly" (his words).

[spatcher]

I'll leave that answer to someone that is more knowledgeable than I. I will say that if it can be proven that you knew he was a convicted felon you may run the risk of losing what personal armament you own. I am sure someone here will quote you page/paragraph. Good luck with your decision.
Tim

[dorminWS]

As long as the way you found out that he's a felon didn't break laws or company policies, I think I'd probably tell them about what you just said. Might also say

(1) I'm afraid - I'm pretty sure, in fact - that I'll violate the law by shooting with this guy.
(2) I don't normally socialize or associate with felons on my own time; which is what going to the gun range is.
(3) Beyond that, a shooting partner must be someone in whom you feel you can safely repose a high degree of confidence and trust. He or she quite literally may well hold your personal safety in his hands on some occasion. Mere acquaintence or status as a co-worker isn't nearly enough. For anyone to demand that status as a mere co-worker and without being invited reveals that person almost certainly is unappreciative of a shooting partner's qualifications and obligations.
(4) I do not/have not/will not treat him differently at or concerning his duties and performance expectations at work or even discuss non-work activities in his presence, but I'm afraid to take him shooting for the stated reasons.
(5) And, by the way, HR person, How DID that guy pass his background check?
.............................................................
EDIT: (3.5) And OH, BY THE WAY, This guy has showed the world he can't be trusted to use a gun responsibly!

[SpanishInquisition]

Does being an accessory to carry the same penalty? If so, looks like a class 6 felony:

18.2-308.2.

§ 18.2-308.2. Possession or transportation of firearms, firearms ammunition, stun weapons, explosives or concealed weapons by convicted felons; penalties; petition for permit; when issued.

A. It shall be unlawful for (i) any person who has been convicted of a felony; (ii) any person adjudicated delinquent as a juvenile 14 years of age or older at the time of the offense of murder in violation of § 18.2-31 or 18.2-32, kidnapping in violation of § 18.2-47, robbery by the threat or presentation of firearms in violation of § 18.2-58, or rape in violation of § 18.2-61; or (iii) any person under the age of 29 who was adjudicated delinquent as a juvenile 14 years of age or older at the time of the offense of a delinquent act which would be a felony if committed by an adult, other than those felonies set forth in clause (ii), whether such conviction or adjudication occurred under the laws of the Commonwealth, or any other state, the District of Columbia, the United States or any territory thereof, to knowingly and intentionally possess or transport any firearm or ammunition for a firearm, any stun weapon as defined by § 18.2-308.1, or any explosive material, or to knowingly and intentionally carry about his person, hidden from common observation, any weapon described in subsection A of § 18.2-308. However, such person may possess in his residence or the curtilage thereof a stun weapon as defined by § 18.2-308.1. Any person who violates this section shall be guilty of a Class 6 felony. However, any person who violates this section by knowingly and intentionally possessing or transporting any firearm and who was previously convicted of a violent felony as defined in § 17.1-805 shall be sentenced to a mandatory minimum term of imprisonment of five years. Any person who violates this section by knowingly and intentionally possessing or transporting any firearm and who was previously convicted of any other felony within the prior 10 years shall be sentenced to a mandatory minimum term of imprisonment of two years. The mandatory minimum terms of imprisonment prescribed for violations of this section shall be served consecutively with any other sentence.

B. The prohibitions of subsection A shall not apply to (i) any person who possesses a firearm, ammunition for a firearm, explosive material or other weapon while carrying out his duties as a member of the Armed Forces of the United States or of the National Guard of Virginia or of any other state, (ii) any law-enforcement officer in the performance of his duties, or (iii) any person who has been pardoned or whose political disabilities have been removed pursuant to Article V, Section 12 of the Constitution of Virginia provided the Governor, in the document granting the pardon or removing the person's political disabilities, may expressly place conditions upon the reinstatement of the person's right to ship, transport, possess or receive firearms.

C. Any person prohibited from possessing, transporting or carrying a firearm or stun weapon under subsection A, may petition the circuit court of the jurisdiction in which he resides for a permit to possess or carry a firearm or stun weapon; however, no person who has been convicted of a felony shall be qualified to petition for such a permit unless his civil rights have been restored by the Governor or other appropriate authority. A copy of the petition shall be mailed or delivered to the attorney for the Commonwealth for the jurisdiction where the petition was filed who shall be entitled to respond and represent the interests of the Commonwealth. The court shall conduct a hearing if requested by either party. The court may, in its discretion and for good cause shown, grant such petition and issue a permit. The provisions of this section relating to firearms, ammunition for a firearm, and stun weapons shall not apply to any person who has been granted a permit pursuant to this subsection.

C1. Any person who was prohibited from possessing, transporting or carrying explosive material under subsection A may possess, transport or carry such explosive material if his right to possess, transport or carry explosive material has been restored pursuant to federal law.

D. For the purpose of this section:

"Ammunition for a firearm" means the combination of a cartridge, projectile, primer, or propellant designed for use in a firearm other than an antique firearm as defined in § 18.2-308.2:2.

"Explosive material" means any chemical compound mixture, or device, the primary or common purpose of which is to function by explosion; the term includes, but is not limited to, dynamite and other high explosives, black powder, pellet powder, smokeless gun powder, detonators, blasting caps and detonating cord but shall not include fireworks or permissible fireworks as defined in § 27-95.

(1979, c. 474; 1982, c. 515; 1983, c. 233; 1986, cc. 409, 641; 1987, c. 108; 1988, c. 237; 1989, cc. 514, 531; 1993, cc. 468, 926; 1994, cc. 859, 949; 1999, cc. 829, 846; 2001, cc. 811, 854; 2002, c. 362; 2003, c. 110; 2004, cc. 429, 461, 995; 2005, cc. 600, 833; 2007, c. 519; 2008, c. 752; 2009, c. 236; 2010, c. 781.)

[lonestarag]

I'll leave that answer to someone that is more knowledgeable than I. I will say that if it can be proven that you knew he was a convicted felon you may run the risk of losing what personal armament you own. I am sure someone here will quote you page/paragraph. Good luck with your decision.
Tim

It is a 10 yr felony to make that transfer. And it can easily be proven that he knew because he posted as much right here in this thread. So don't do it and all will be fine.

[dorminWS]

I'll leave that answer to someone that is more knowledgeable than I. I will say that if it can be proven that you knew he was a convicted felon you may run the risk of losing what personal armament you own. I am sure someone here will quote you page/paragraph. Good luck with your decision.
Tim

It is a 10 yr felony to make that transfer. And it can easily be proven that he knew because he posted as much right here in this thread. So don't do it and all will be fine.

>>>>>>>>>>>>>>>>>>>>>>>>>>>>>

All will be fine if Mindflayer's HR person doesn't bust him for some BS HR violation. He still might have to deal with that. These HR and anti-discrimination folks can be incredibly stupid sometimes.

[WRW]

Take the felon to a range where he can rent himself a firearm.

[ Post made via Mobile Device ]

[SpanishInquisition]

Take the felon to a range where he can rent himself a firearm.

...and get video of it if you don't like him.

[dorminWS]

Take the felon to a range where he can rent himself a firearm.

[ Post made via Mobile Device ]

>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>

And let the range operator hand a felon that you brought to the range to shoot a firearm? I wouldn't. Do da word "accessory" mean anything to you?

[Nemo24]

Tell all of this to your HR person and let them sort it out. That's what they get paid to do.

[WRW]

Ok, dormin. How about meet him at the range.

I'm assuming the OP is not supposed to know about the conviction, otherwise it is just a matter of advising the felon that the OP is bound or constrained by law.

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[WRW]

BTW, are these range excursions on company time?

[ Post made via Mobile Device ]

[jdonovan]

I want to provide HR a firm reason why I am treating him "unfairly" (his words).

because you don't want to commit a felony.

seems like a DAMN good reason to me.

[mamabearCali]

Don't do it! You don't want that headache.

[ Post made via Mobile Device ]

[Rumson]

Two things.

1.You hand the felon a firearm and you go to jail.

2. Does HR know you're organizing firearm events on company time? Most companies don't allow this due to mostly insurance/liability reasons and other times politics.. You may be the one to get fired if it's prohibited by company policy..

ETA: HR departments are not there to be of any actual use to employees. They serve the function of preventing the company from being sued by employees..

[Rualert]

I'll add a bit to this. Does your company have a policy against hiring a felon? If so, is this person still under their probationary period, if so they can be let go for any reason, even nothing. Let HR just remove the problem.

[VBshooter]

Where are the lawyers on this???

[Alex]

A little background - I have a guy on my team that I inherited. I found out he's a felon, convicted for shooting into a crowd of people from a vehicle. (Not sure how he passed our background check to be a sysadmin here.) A couple of the guys on the team know I take folks out to try shooting, and have asked me to do the same. This guy asks incessantly when we're going.

Now, I know as a felon he can't touch a gun. What is the penalty in VA or at the federal level for me handing him a gun at the range? My search-fu seems to be failing me. I want to provide HR a firm reason why I am treating him "unfairly" (his words).

Seems you've answered your own question.

[SHMIV]

I don't think that our OP ever had any intention of giving a felon a gun. He clearly is aware that it is illegal.

Seems to me (and I'm sure he'll correct me if I am wrong) that he wants to be well prepared should he have to deal with HR. And I don't blame him. It has been my personal experience that HR folk seem to be recruited straight off the short bus; just saying "I can't shoot with him be cause he is a felon and it would be illegal" may not be enough for the HR lady. So, my guess is that our OP wants to be able to throw some legal code at her, and be able to recite the penalties of violating that code.

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[Palladin]

Felon should not even BE at the range in the first place... not anywhere around unsecured weapons or ammo.