Indictment
Can people under indictment for felonies be barred from gun ownership?
Remember, I do this to entertain me, not you.
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May 12th, 2011 at 9:47 am
Related situation exists for obtaining CCW Permits in Ohio, wherein one can be denied a Permit if one has EVER been CHARGED with an “Act of Violence”. I notice other states have similar wording,and I suspect it has its basis in some Federal reg. But I’m unable to find out what an “Act of Violence” is, and if one had charges dropped, or if one pled guilty to a lessor charge, then the “Act of Violence” charge is rendered moot. Sure like to know why one’s RKBA can be denied because of some Prosecutor’s bid to move farther up the Political Food Chain.
May 12th, 2011 at 10:39 am
Question 12b of a 4473:
Are you under indictment or information in any court for a felony, or any other crime, for which the judge could imprison you for more than one year?
I guess the answer is ‘yes’.
May 12th, 2011 at 11:00 am
Constitutionally speaking, it depends on whether we get strict scrutiny or not.
If we get anything less than strict scrutiny, the state can present a pretty solid compelling interest argument. If we get strict scrutiny, it’s clearly a violation of presumption of innocence (violating the 5th and 6th as well as commonlaw principles).
May 12th, 2011 at 12:18 pm
People under indictment can be cuffed and tossed in a cell if the prosecutor can convince the judge they are dangerous, so the 4473 question passes constitutional challenge.
The state laws that don’t recognize that indictment is a temporary state need to be challenged.
May 12th, 2011 at 2:53 pm
Packetman – The law bans people under felony indictment from RECEIVING firearms, not from possessing them. That’s why they can keep what they own but not purchase a new one.
May 12th, 2011 at 3:42 pm
Are you sure about that Paratrooper? I think it just prohibits FFLs from transferring a firearm to them. I don’t think federal law covers someone under indictment from receiving one, and state law in VA only prohibits selling or giving a firearm to a felon.
May 12th, 2011 at 3:44 pm
Oh, and the article isn’t a 4473 issue. It’s a US Attorney claiming that the indictment alone means you can’t own any firearms anymore. Completely different issues.
I don’t like the 4473 thing about indictments. But it’s not nearly as bad as claiming an indictment means I forfeit all my guns.
May 12th, 2011 at 9:34 pm
I can say from personal experience that if you have been arrested for a crime which could be either a misdeameanor or a felony (and the arresting agency doesn’t specify which), the State Police in Illinois will assume it’s a felony and send you a letter informing you that you are now a prohibited possessor of firearms (damn FOID card), and you now have so many days (I forget how many) to sell/give away your guns. Happy ending: charges were dropped and I left IL forever. Amen.