think he'll get his guns back?

[craigntx]

my colleague got a drug felony, and served 14 mo's in the pen, in '88.
ffwd to '04. he is in his home when someone assaults him and he pulls a shotgun or rifle and lets off a round to scare them off. cops come and his guns are taken as evidence. he's charged with a couple misdemeanors, not being felon in posession. the charges were dropped after a couple years. now he wants his guns back. the da sent him a letter stating he could have them. he goes up there and they give him the runaround. he called the other day and the lady in the evidence room, when he was talking to her on the phone, asked him if he had felonies.

 

[MR Redneck]

my colleague got a drug felony, and served 14 mo's in the pen, in '88.
ffwd to '04. he is in his home when someone assaults him and he pulls a shotgun or rifle and lets off a round to scare them off. cops come and his guns are taken as evidence. he's charged with a couple misdemeanors, not being felon in posession. the charges were dropped after a couple years. now he wants his guns back. the da sent him a letter stating he could have them. he goes up there and they give him the runaround. he called the other day and the lady in the evidence room, when he was talking to her on the phone, asked him if he had felonies.

Sounds like he aint getting them back to me. Your buddy should work toward getting his record expunged. I have a friend that did that. He had pretty much the same prior convictions and served time for his conviction. He had his record expunged and now has 2 CHL licenses, Full auto weapons and who know's what else.
I hate drugs and people who are involved with them just like I hate any other criminal, but once you have paid your debt and served your time, I see no reason to keep punishing people. If he can prove he's not a threat to the public, He should have the same rights as I do.

 

[craigntx]

Sounds like he aint getting them back to me. Your buddy should work toward getting his record expunged. I have a friend that did that. He had pretty much the same prior convictions and served time for his conviction. He had his record expunged and now has 2 CHL licenses, Full auto weapons and who know's what else.
I hate drugs and people who are involved with them just like I hate any other criminal, but once you have paid your debt and served your time, I see no reason to keep punishing people. If he can prove he's not a threat to the public, He should have the same rights as I do.

it actually wasn't his stuff he was busted with. it was trace amount in baggage carried by his passenger in a vehicle.
and he's looking in to getting it cleared off his record.

 

[txinvestigator]

It is unlawful in Texas for him to be in possession of the firearms outside of his home. I don't see how he can lawfully posses them from the police evidence room and transport them to his home.

Under federal law, he cannot posses them at all.

See Texas Penal code 46.04 and US Code Title 18, 922(g).

 

[txinvestigator]

it actually wasn't his stuff he was busted with. it was trace amount in baggage carried by his passenger in a vehicle.
and he's looking in to getting it cleared off his record.

Regardless of what someone else said here, it does not appear your friend is eligible for an expunction unless he can get the good Governor to pardon him. . See Texas Code of Criminal Procedure chapter 55.

Texas Code of Criminal Procedure

Art. 55.01. RIGHT TO EXPUNCTION. (a) A person who has been placed under a custodial or noncustodial arrest for commission of either a felony or misdemeanor is entitled to have all records and files relating to the arrest expunged if:
(1) the person is tried for the offense for which the person was arrested and is:
(A) acquitted by the trial court, except as provided by Subsection (c) of this section; or
(B) convicted and subsequently pardoned; or
(2) each of the following conditions exist:
(A) an indictment or information charging the person with commission of a felony has not been presented against the person for an offense arising out of the transaction for which the person was arrested or, if an indictment or information charging the person with commission of a felony was presented, the indictment or information has been dismissed or quashed, and:
(i) the limitations period expired before the date on which a petition for expunction was filed under Article 55.02; or
(ii) the court finds that the indictment or information was dismissed or quashed because the person completed a pretrial intervention program authorized under Section 76.011, Government Code, or because the presentment had been made because of mistake, false information, or other similar reason indicating absence of probable cause at the time of the dismissal to believe the person committed the offense or because it was void;
(B) the person has been released and the charge, if any, has not resulted in a final conviction and is no longer pending and there was no court ordered community supervision under Article 42.12 for any offense other than a Class C misdemeanor; and
(C) the person has not been convicted of a felony in the five years preceding the date of the arrest.
(a-1) Notwithstanding Subsection (a)(2)(C), a person's conviction of a felony in the five years preceding the date of the arrest does not affect the person's entitlement to expunction for purposes of an ex parte petition filed on behalf of the person by the director of the Department of Public Safety under Section 2(e), Article 55.02.
(b) Except as provided by Subsection (c) of this section, a district court may expunge all records and files relating to the arrest of a person who has been arrested for commission of a felony or misdemeanor under the procedure established under Article 55.02 of this code if the person is:
(1) tried for the offense for which the person was arrested;
(2) convicted of the offense; and
(3) acquitted by the court of criminal appeals.
(c) A court may not order the expunction of records and files relating to an arrest for an offense for which a person is subsequently acquitted, whether by the trial court or the court of criminal appeals, if the offense for which the person was acquitted arose out of a criminal episode, as defined by Section 3.01, Penal Code, and the person was convicted of or remains subject to prosecution for at least one other offense occurring during the criminal episode.
(d) A person is entitled to have any information that identifies the person, including the person's name, address, date of birth, driver's license number, and social security number, contained in records and files relating to the arrest of another person expunged if:
(1) the information identifying the person asserting the entitlement to expunction was falsely given by the person arrested as the arrested person's identifying information without the consent of the person asserting the entitlement; and
(2) the only reason for the information identifying the person asserting the entitlement being contained in the arrest records and files of the person arrested is that the information was falsely given by the person arrested as the arrested person's identifying information.

Take with a HUGE grain of salt that which comes from folks who profess things like "their buddy has 2 CHLs." and state things happened that are contrary to the law.

 

[MR Redneck]

it actually wasn't his stuff he was busted with. it was trace amount in baggage carried by his passenger in a vehicle.
and he's looking in to getting it cleared off his record.

Man that sucks! I wish him well and hope he gets the mess cleared up. What you just mentioned could happen to any of us.
Somebody with dope on them gets in my vehicle, im beating the %%^% out of their ass.

 

[MR Redneck]

Regardless of what someone else said here, it does not appear your friend is eligible for an expunction unless he can get the good Governor to pardon him. . See Texas Code of Criminal Procedure chapter 55.



Take with a HUGE grain of salt that which comes from folks who profess things like "their buddy has 2 CHLs." and state things happened that are contrary to the law.

I dont know what your getting at, but if you dont believe me I can have him send you a message to explain it. I never knew anything about his past untill I got to know the man pretty well. He actually tought me one of those valuable lessons in life such as, " Dont judge the past"..
I dont know if he would care to explain anything to ya, but I'll damn sure let him know.

 

[craigntx]

heh.
gotta love it when a thread turns into an argument

 

[APatriot]

heh.
gotta love it when a thread turns into an argument

Yeh, and it "ain't" even over the 2A, 30.06, who can cut and paste the "fastest", or who has the best handgun. Lol....

 

[MR Redneck]

heh.
gotta love it when a thread turns into an argument

oh well???

 

[txinvestigator]

heh.
gotta love it when a thread turns into an argument

lol I don't see an argument. You have facts provided now substantiated by the laws. Our two site trolls and instigators I have on ignore. I happened to see what someone wrote to you when you quoted him and it was just BS, plain and simple.

 

[majormadmax]

it actually wasn't his stuff he was busted with. it was trace amount in baggage carried by his passenger in a vehicle.

Eh? If it was on the passenger, than it is his/her bust, nor your buddy's. Now, if they dropped it in his vehicle prior to the search, then it will be laid on him; but if someone has a prior drug conviction the last person they need to be hanging around with is someone who might be carrying!

After high school I joined the Air Force, and when I was home on leave my best friend--who was well known for occasionally carrying a little weed on him--and I would hang out. I read him the riot act to ensure he never, ever carried anything while we were hanging out. I also refused to go anywhere in his car, as I didn't want to chance his "forgetting" something. I took it just short of having a drug dog sniff him down prior to our going anywhere. It may seem paranoid, but I wasn't going to risk my career because of his problem.

I would think that anyone with a drug felony would be as equally cautious, as it doesn't take much to end up back in prison.

Anyhow, sorry to hear about his situation; but I have a question. As a convicted felon, could he legally have someone take possession of his firearms for him? I don't know if a Power of Attorney would suffice but it may allow him to dispose of the weapons (e.g. sell them) without actually touching them (a Federal violation). Or would this somehow be something of a "straw sale" (someone selling a firearm who wasn't legally able to own it)?

Cheers! M2

 

[txinvestigator]

Anyhow, sorry to hear about his situation; but I have a question. As a convicted felon, could he legally have someone take possession of his firearms for him? I don't know if a Power of Attorney would suffice but it may allow him to dispose of the weapons (e.g. sell them) without actually touching them (a Federal violation). Or would this somehow be something of a "straw sale" (someone selling a firearm who wasn't legally able to own it)?

Cheers! M2

This might be a viable solution to get them out of police custody. However, if his designee then gave the guns back to him that designee might face a felony himself. ??? I am not that familiar with the transfer laws; hopefully, renegade, who is, will chime in.

 

[majormadmax]

This might be a viable solution to get them out of police custody. However, if his designee then gave the guns back to him that designee might face a felony himself. ??? I am not that familiar with the transfer laws; hopefully, renegade, who is, will chime in.

Hopefully they both would be smarter than that, but these days you never know!

I was thinking more along the lines of a proxy seller, someone who could legally possess and show the firearms to perspective buys thus eliminating the violation of Federal law...

I doubt this guy will get his record expunged, it isn't something you hear about every day and I don't think it'd make the governor's radar; but if he is lucky enough to get his firearms released then I believe his smartest move is to get rid of them as soon as possible.

The technicality I am not sure about is whether a convicted felon can "own" a firearm without actually possessing it? I would expect his purchase/acquisition would have to occur prior to his conviction as obtaining them afterward would be against the law; but it all depends on the Federal definition of "possession."

And I'm just spitballing some suggestions as how this guy might be able to get out of his predicament! I don't know a lot about the Federal law as I am not a convicted felon therefore it has no applicability towards my buying or possessing firearms (which is how I want to keep it!).

Cheers! M2

 

[craigntx]

Eh? If it was on the passenger, than it is his/her bust, nor your buddy's

idk, i know someone else busted along with his gf.
the prosecutor said someone must own up to the stuff or else they'll both take the charge. the girl took the charge to keep the guy from getting a felony, and the difficulty of finding employment thereafter with that on his record.
the guy wouldn't own up in the 1st case

 

[texdot]

Request an application for a pardon and fill it out. This includes character rederrences from 5 people and the head LEO in the city or county saying no problems. Send it off and by the wayyou have to get a rundown from the ATF, and they will tell you in no uncertain terms that they don't have time for such nonsense,
it's not in their budget.
Simply,good luck.

 

[MR Redneck]

Request an application for a pardon and fill it out. This includes character rederrences from 5 people and the head LEO in the city or county saying no problems. Send it off and by the wayyou have to get a rundown from the ATF, and they will tell you in no uncertain terms that they don't have time for such nonsense,
it's not in their budget.
Simply,good luck.

Im not understanding the ATF part.

 

[texdot]

Im not understanding the ATF part.

They are not interested in what you want. They aren't going to do it. It's not in their budget to do this kind of stuff.

 

[MR Redneck]

They are not interested in what you want. They aren't going to do it. It's not in their budget to do this kind of stuff.

I see, and that's the truth. I had them giving me crap one time. Gets old quick!

 

[Texan2]

Take with a HUGE grain of salt that which comes from folks who profess things like "their buddy has 2 CHLs." and state things happened that are contrary to the law.

2 CHLs......lol