Interesting find I made regarding felons and firearms in Indiana

[Denny347]

Well, I and a couple of co-workers were talking about felons and guns at the gym today. I have arrested quite a few people for "serious violent felon in possession of firearm" but he asked "what about the felonies not on that list"? "Can they have guns at home if they were convicted of theft under Indiana law?" I have never come across this but I assumed "NO". Well, once again I ASSumed wrong. Indiana has NO law preventing a non violent felon keeping guns at home. They cannot buy them but maybe they possessed them prior to the conviction. Now Federal Law is different but I cannot enforce that. Also, I found a 7th Circuit Court of Appeals case saying that a man arrested Federally for this would have been ok if he was at home with the firearms since Indiana allows it, regardless of Federal law.

976 F.2d 354

If I am wrong, please let me know, I have looked and looked and cannot find a state law against it.

 

[Bunnykid68]

Reminds me of Gordon Liddy used to say. I dont own any firearms but my wife does and she keeps them all over the house.

 

[jeremy]

Curious myself. I would have assumed just like you that it was a forbidden thing...

 

[rnmcguire]

Interesting

I know we had a pretty lenghty discussion about a year ago regarding non violent felons possessing firearms. I brought up the situation of a guy getting two DUI's in 5 years. Well in Indiana the second conviction should be a felony. What in the world does this charge have to do with the possession of firearms? I guess the arguement could be made that the person is no longer trustworthy to make sound decisions but you could say that about alot of people without a criminal history. If the DUI guy went to court I'm not sure they would even ask about his personal weapon collection.

 

[daddymikey1975]

Well, I and a couple of co-workers were talking about felons and guns at the gym today. I have arrested quite a few people for "serious violent felon in possession of firearm" but he asked "what about the felonies not on that list"? "Can they have guns at home if they were convicted of theft under Indiana law?" I have never come across this but I assumed "NO". Well, once again I ASSumed wrong. Indiana has NO law preventing a non violent felon keeping guns at home. They cannot buy them but maybe they possessed them prior to the conviction. Now Federal Law is different but I cannot enforce that. Also, I found a 7th Circuit Court of Appeals case saying that a man arrested Federally for this would have been ok if he was at home with the firearms since Indiana allows it, regardless of Federal law.
.

The other side of the coin on this is, under the above circumstances (not a violent felon, but maybe a conviction of theft, 'D felony'.. technically not a proper person to own/purchase per federal law. Indiana is ok with possession (or at least, not against ownership).. if this same guy shoots someone on his property in a SD scenario, how hung is he ??

 

[Denny347]

The other side of the coin on this is, under the above circumstances (not a violent felon, but maybe a conviction of theft, 'D felony'.. technically not a proper person to own/purchase per federal law. Indiana is ok with possession (or at least, not against ownership).. if this same guy shoots someone on his property in a SD scenario, how hung is he ??

I do not know the answer to that to be honest. It is a conflict of laws that I had no idea existed.

 

[j706]

Well, I and a couple of co-workers were talking about felons and guns at the gym today. I have arrested quite a few people for "serious violent felon in possession of firearm" but he asked "what about the felonies not on that list"? "Can they have guns at home if they were convicted of theft under Indiana law?" I have never come across this but I assumed "NO". Well, once again I ASSumed wrong. Indiana has NO law preventing a non violent felon keeping guns at home. They cannot buy them but maybe they possessed them prior to the conviction. Now Federal Law is different but I cannot enforce that. Also, I found a 7th Circuit Court of Appeals case saying that a man arrested Federally for this would have been ok if he was at home with the firearms since Indiana allows it, regardless of Federal law.

976 F.2d 354

If I am wrong, please let me know, I have looked and looked and cannot find a state law against it.

I have had good luck with the feds on felons in possession of firearms. They have told me that they are not to interested in a non violent felon having a hunting shotgun or something to that effect. They will most assuredly jump all over the just about anything you call them on 24/7. My last was a knuckle head manufacturing select fire stamped guns in his home. We took out around fifty such weapons completed or near completed. This was 0300 hrs and by 0430 there were 10 to 15 BATF personnel all over that place.

I had one paroled murderer a few years back. Our county PO was offering him some stupid silly plea of 3 years. One call to the cell phone of a BATF friend and our convict was OR'ed in open court to the US Marshals. He got 10+ years federal. He appealed and lost.

UNITED STATES v. SUGGS, No. 09-2700., October 01, 2010 - US 7th Circuit | FindLaw

The Federal saying of " DO gun crime do hard time" and do it a long ways from home is true.

 

[Denny347]

I have had good luck with the feds on felons in possession of firearms. They have told me that they are not to interested in a non violent felon having a hunting shotgun or something to that effect. They will most assuredly jump all over the just about anything you call them on 24/7. My last was a knuckle head manufacturing select fire stamped guns in his home. We took out around fifty such weapons completed or near completed. This was 0300 hrs and by 0430 there were 10 to 15 BATF personnel all over that place.

I had one paroled murderer a few years back. Our county PO was offering him some stupid silly plea of 3 years. One call to the cell phone of a BATF friend and our convict was OR'ed in open court to the US Marshals. He got 10+ years federal. He appealed and lost.

UNITED STATES v. SUGGS, No. 09-2700., October 01, 2010 - US 7th Circuit | FindLaw

The Federal saying of " DO gun crime do hard time" and do it a long ways from home is true.

Good to know. Like I said, I have never come across this myself.

 

[9mmfan]

Does this mean I can dredge the lake where my firearms were lost?

 

[j706]

Good to know. Like I said, I have never come across this myself.

I am not sure but I don't believe the federal agency's make a distinction between violent felon and felon. I think they deal with them more on a case by case basis. But they will most always assist in anyway possible. Another thing I have noticed, they are NOT anti gun in the slightest.

 

[TheReaper]

No FELON needs to possess a firearm. JMO

 

[CathyInBlue]

Except ones who have paid their debt to society and been released from prison/parole.

 

[TheReaper]

Except ones who have paid their debt to society and been released from prison/parole.

I respectfully disagree, any person convicted of any felony should never be able to possess a firearm. JMO

 

[CathyInBlue]

Then, as individuals who are not worthy of society's trust to walk freely among them with full human and civil rights intact, they need to continue to be locked up in prison, away from society... and on society's dime.

 

[remauto1187]

I respectfully disagree, any person convicted of any felony should never be able to possess a firearm. JMO

So you are saying a guy convicted of stealing $600 in hubcaps in 1974 should never be able to protect his family or hunt? Yeah that makes alot of sense. You aren't by any chance a democrat, are you?

 

[TheReaper]

So you are saying a guy convicted of stealing $600 in hubcaps in 1974 should never be able to protect his family or hunt? Yeah that makes alot of sense. You aren't by any chance a democrat, are you?

Nope, not at all. If it were up to me, I wouldn't care if everyone out there could own a machine gun, SBR or SBS without a stamp, buy as many as you want, as long as you've NEVER been convicted of a felony. Again, JMO

 

[9mmfan]

Nope, not at all. If it were up to me, I wouldn't care if everyone out there could own a machine gun, SBR or SBS without a stamp, buy as many as you want, as long as you've NEVER been convicted of a felony. Again, JMO

Wow......

 

[CathyInBlue]

So, while j706's "knuckle head" was felony'ed for building full-auto guns, in Reaper's ideal society, he would be prohibitted from carrying one. Ironic.

It's far too easy for people without the money or political connections to run afoul of federal felony charges for me to agree that, once given such a scarlet letter, they should lose all civil rights forever.

 

[remauto1187]

Nope, not at all. If it were up to me, I wouldn't care if everyone out there could own a machine gun, SBR or SBS without a stamp, buy as many as you want, as long as you've NEVER been convicted of a felony. Again, JMO

Of course you have the right to your opinion. I am by no means trying to give you flack over that. But let me show you the other side of the fence.


1990--I was just about to turn 19 and i was with another kid that decided it would be a good idea to steal from a Dept. Store. I knew what he was up to but DID NOT stop him nor did i steal anything. But i was dumb enough to have some of the stolen items in my bedroom. In Illinois anything over $150 is retail theft Class 3 felony. The total of merchandise that he stole was $186. Long story short...Had a public defender that was a complete moron and a states' attorney that was trying to make a name for himself and was insisting that i was a hardened criminal and was asking for 3 years in prison even though i had zero priors! Judge wasnt buying it so i ended up with 1yr probation and he said if he saw me in there again i was going to prison. I believed every word he said that day...and i kept my butt out of trouble. Served no jail time, completed my probation in 1991 and enlisted in the US NAVY in 10/94 and completed honorably a4yr active duty enlistment in 10/98. In 1995 i went through the Illinois State Police appeals process to get my FOID card and was successful. Had a C&R FFL twice. (all this was with a felony on my record). In 2006 I filled out paperwork for a Illinois Governors' pardon and expungement order and received an answer 12/11. It was granted and just received the last of the paperwork a couple weeks ago confirming that the Illinois State Police did their part of removing me from their system and the FBI's as well.
So i am living proof that not every "FELON" is dangerous or doesnt deserve another chance. Sure a murderer (Illegally) or rapist deserves to rot in prison....but not every "Felon" is a hardened criminal that will "just do it again".
I've been working for a Federal Agency since 2006 so...i guess that old wives tale that you will never get a decent job with a felony isnt so true afterall. I have a security clearance.

 

[BlueEagle]

Of course you have the right to your opinion. I am by no means trying to give you flack over that. But let me show you the other side of the fence.


1990--I was just about to turn 19 and i was with another kid that decided it would be a good idea to steal from a Dept. Store. I knew what he was up to but DID NOT stop him nor did i steal anything. But i was dumb enough to have some of the stolen items in my bedroom. In Illinois anything over $150 is retail theft Class 3 felony. The total of merchandise that he stole was $186. Long story short...Had a public defender that was a complete moron and a states' attorney that was trying to make a name for himself and was insisting that i was a hardened criminal and was asking for 3 years in prison even though i had zero priors! Judge wasnt buying it so i ended up with 1yr probation and he said if he saw me in there again i was going to prison. I believed every word he said that day...and i kept my butt out of trouble. Served no jail time, completed my probation in 1991 and enlisted in the US NAVY in 10/94 and completed honorably a4yr active duty enlistment in 10/98. In 1995 i went through the Illinois State Police appeals process to get my FOID card and was successful. Had a C&R FFL twice. (all this was with a felony on my record). In 2006 I filled out paperwork for a Illinois Governors' pardon and expungement order and received an answer 12/11. It was granted and just received the last of the paperwork a couple weeks ago confirming that the Illinois State Police did their part of removing me from their system and the FBI's as well.
So i am living proof that not every "FELON" is dangerous or doesnt deserve another chance. Sure a murderer (Illegally) or rapist deserves to rot in prison....but not every "Felon" is a hardened criminal that will "just do it again".
I've been working for a Federal Agency since 2006 so...i guess that old wives tale that you will never get a decent job with a felony isnt so true afterall. I have a security clearance.

Congrats on your turn around from "hardened criminal" to fed. You're definitely one of the exceptions to the rule, but I do agree with you; a single transgression cannot necessarily eliminate all of someones civil rights for their entire life.