Depends
In response to The Funky Bunch possibly illegally handling a gun, Chris says not so fast:
In MA, if one does not receive a sentence of 24 months or more, in a prison not a jail; no matter the crime, one is not necessarily counted as a felon.
I recently was educated about all of this a bit back. See, there are many factors and they all boil down to pissing matches between the feds and the state. The fact is, it’s at the discretion of each level. In MA, it seems, he’s in the clear. But the feds can still press charges. However, as a general rule, the feds will often look the other way unless said felon is charged with something else. That is to say, if he gets arrested again, the charge could come back. And there’s also the issue of traveling state lines. A felon in one state could have his firearm rights restored in that state. However, if said felon crosses state lines (i.e., moves), it’s completely at the discretion of the federales.
Speaking of the Funky Bunch, me and the Mrs. caught The Departed this weekend on pay per view. Excellent movie, I thought. If there’s one thing more annoying than a Boston accent, it’s a bunch of actors faking Boston accents. But once you get passed that, it’s quite good. Did not end at all how I thought it would.
In this film, the Funky Bunch is in possession of a Beretta 92 and a sound suppressor. That would be two crimes.
April 2nd, 2007 at 10:07 am
18 USC Chapter 44, Sec. 922, “Unlawful Acts”:
“It shall be unlawful for any person to sell or otherwise dispose of any firearm or ammunition to any person knowing or having reasonable cause to believe that such person – (1) is under indictment for, or has been convicted in any court of, a crime punishable by imprisonment for a term exceeding one year;”
Marky, who had violated the terms of his earlier judgment, pled guilty to two counts of criminal contempt, each count carrying “a maximum penalty of ten years in a house of correction or ten thousand dollars or both.” The Commonwealth’s Sentencing Memorandum supported “the recommendation that the Defendant be sentenced to two years at the Deer Island House of Corrections, ninety days committed, with the balance suspended for two years.”
http://www.keepandbeararms.org/information/XcIBViewItem.asp?ID=2360
April 2nd, 2007 at 10:49 am
I would hope that the prop man would have enough sense not to let some moron actor get his hands on an operable firearm. I.e. that he is holding a “non-gun” capable only of producing smoke and noise.
April 2nd, 2007 at 3:50 pm
Actual possesion of movie firearms normally remains that of the film armorer. IIRC there are a couple of Class 3 license holders in California who are uniquely legal for that purpose.
April 2nd, 2007 at 5:24 pm
or has been convicted in any court of, a crime punishable by imprisonment for a term exceeding one year
That is, under the federal law, it doesn’t matter what the state that convicted you thinks is a felony. If you could have been sentenced to a year + one day, you can’t touch a firearm, even if you never spent a day in jail.