k9ontheway
Improvise-Adapt-Overcome
Is this statement correct?
ANY Felony Charges, Lose Your Weapons?
- Thread starter k9ontheway
- Start date
18 USC 921:
(a) As used in this chapter—
(14) The term “indictment” includes an indictment or information in any court under which a crime punishable by imprisonment for a term exceeding one year may be prosecuted.
18 USC 922:
(d) 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;
(g) It shall be unlawful for any person— (1) who has been convicted in any court of, a crime punishable by imprisonment for a term exceeding one year;
to ship or transport in interstate or foreign commerce, or possess in or affecting commerce, any firearm or ammunition; or to receive any firearm or ammunition which has been shipped or transported in interstate or foreign commerce.
(a) As used in this chapter—
(14) The term “indictment” includes an indictment or information in any court under which a crime punishable by imprisonment for a term exceeding one year may be prosecuted.
18 USC 922:
(d) 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;
(g) It shall be unlawful for any person— (1) who has been convicted in any court of, a crime punishable by imprisonment for a term exceeding one year;
to ship or transport in interstate or foreign commerce, or possess in or affecting commerce, any firearm or ammunition; or to receive any firearm or ammunition which has been shipped or transported in interstate or foreign commerce.
One must understand the difference between a charge, an indictment, and a conviction. Being charged is a matter that rests solely with the prosecuting attorney. There must be a court decision that results in the loss of firearms rights (in regards to the felony prohibition).
k9ontheway
Improvise-Adapt-Overcome
EDIT: Post removed
accidentalfelon
New member
You can thank the gun owners in forums like this who joined the other side against the founding fathers who said " no free man shall ever be debarred the use of arms" for what you are about to gi through.
If a man is too dangerous to defend himself with a weapon, he should not be free in society. If he is not incarcerated he should be free to defend himself. That is what this country was built on.
If you have been one of those guys who have, like many others on here, and elsewhere, spent your life failing to defend the rights of the millions of others wrongly accused, or stripped of rights for minor infractions that ballooned into unjust charges, then welcome to poetic justice.
If not, I am praying you prevail.
Sent from my DROID RAZR using Tapatalk 2
If a man is too dangerous to defend himself with a weapon, he should not be free in society. If he is not incarcerated he should be free to defend himself. That is what this country was built on.
If you have been one of those guys who have, like many others on here, and elsewhere, spent your life failing to defend the rights of the millions of others wrongly accused, or stripped of rights for minor infractions that ballooned into unjust charges, then welcome to poetic justice.
If not, I am praying you prevail.
Sent from my DROID RAZR using Tapatalk 2
escapedthematrix
New member
Wow. Sorry to hear that. Well, you've retained a lawyer. Hopefully you can make yourself appear credable. That goes a long way. I'm also asuming you are innocent. Listen to the advice of your attorney except if he tells you to accept any plea bargains. Then you should seek the advice of a constitutional attorney. I am not an attorney but I do know that if you are innocent that accepting plea bargains means you've accepted guilt of some crime. Remember that the system wants to generate some revenue from all of this so they will likely try to get something on you even if they think you could be innocent. Best of luck to you.
Yeah, David Codrea has got it right. "If a person can’t be trusted with a gun then they can’t be trusted without a custodian."
Bill Cavalieri
New member
Sell your house, your wife, whatever and get the best attorney money can buy. Not to state the obvious, but next time you discover the "company I work for is ran by career felons..., tax dodgers, counterfeiters, etc." it's time to quit and find another job.
accidentalfelon
New member
North Carolina has pistol purchase permit requirements, so I am not sure about loaning your handguns to someone else. Before you are arrested for your initial court hearing, I would loan all of my firearms to a friend or family member who will keep possession of them until this is over. You will go to a court hearing where the court will decide if there is enough evidence to go to trial. Once that hearing is over, if they decide you are going to trial, that is when the court could order you to dispose of all your firearms and revoke your CCW. That is also when it would be prohibited for others to sell you a firearm if they know about your pending trial. With your guns in the hands of a friend or family member, they can hold on to them and if you are found not guilty can return them to you, or if you are convicted they can take their time and sell them for what they are worth, rather than what you could get on an emergency - have to get rid of them now - basis.
Be EXTREMELY CAREFUL in accepting a plea bargain. There have been many plea bargains gone wrong that end up taking away the firearms rights of the subject for life (without the expungment process).
BC1
,
Lot's of things to consider here. Did you know they were committing any crimes? Were you an instrument of their crime, did you participate in some way? Did you gain some material profit from their acts? DON'T ASNWER THESE QUESTIONS as your computer may be listed in a search warrant. It is very common in embezzelment and fraud cases for the prosecutor to obtain a digital forensic examination of your computer and no matter what you do, you cannot erase your tracks. It is also common for them to subpeona the internet activity from your service provier (administrative subpeona). They will creat a time-line of your digital activities, both online and ofline, to try and support their case. Anything you post on the web can be recovered and used against you. Should you be charged you may need the services of a forensic accountant in addition to an attorney. If you are truly innocent the records should be able to prove it. At this point the guns are the least of your issues. But worrying about it won't do you any good. The fact that you just pulled your last $500 sounds like you didn't profit from any embezzelment. Stay calm and gather your records. You want to show your expenses are covered by your earnings and that nothing is amiss (someone earning $25K with a $60K Mercedes Benz raises a flag). Consider turning witness against the employers. Don't discuss this on the web or by email (other than with your attorney as that conversation is protected under attorney/client priviledge).
Deserteagle
New member
Piece of advice, stop posting on a gun forum looking for internet lawyers and go talk to a real lawyer.
tricolordad
Banned
Uhhhhh stop posting?
Glockout
Banned
Noooooooo!!!! This is interesting. I can't imagine how I would feel with something like this looking over me. Wow. Try to keep your head up man.
tricolordad
Banned
It's in his best interest to stop posting, as his lawyer will tell him when he brings it up. Back under the bridge troll!
Glockout
Banned
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