hello there , I am a convicted felon in the state of arizona . convicted in 1999 for the possession of equipment to manufacture meth , and the manufacturing of meth sentanced to 4 yrs , released in 2002 . my wife has purchased a few firearms as I travel out of state for the company i work for only returning on the weekends and staying in arizona no more then 2 weeks at a time . The question is am I in any violation of laws here me being a convicted felon with guns in my wife''s house ?
Optional Information: phoenix , ArizonaAlready Tried: my friend just got charged with gun poss driving his sisters car where she forgot to take her gun out , am I just as vulnerable ?
Yes. As a felon you are precluded from being in the general proximity of the firearms. You would get charged with felon in possesion because you have access - even if they are locked in a safe and you do not have the combination.
so my wife's rights no longer matter ?
I can only tell you what the law is - I dont make them nor do I agree with all of them. Listen, if you know the guns are there you can get arrested. Of course, if they are locked away you can argue that you have "no control" over them - they would need to prove that you know how to access them. I can only tell you from experience, felons are charged in those type of situations. Are they convicted? Sometimes yes - sometimes no. Every situation is different as a snowflake. Is there caselaw in either direction - I am sure there is.
It is a shame that your wife's rights would be drug throw the mud. But It does happen, Your question was would you be in violation - my answer is YES of federal and state laws.
Again, I don't make 'em nor do I always agree wth 'em - Hey some people have taken their rights to bear arms to the US Supreme Court. If you and your wife are passionate about her Constitutional rights remaining in tact - then you will just need to take the risk and see what it brings.
I had 3 friends in the same house all convicts , 1 handgun cops got called to the house they found the gun , all went to jail for the gun but when someone finally admitted to being the sole owner of the firearm the rest were let go eventhough they were all felons. How can they be let go then if they are felons and in close proximity to the firearm . I'm looking for a clear answer with reasons for the question I am asking . so are the cops here just picking and choosing who to let go and who to convict?
I dont know that it is a widespread picking and choosing - in many states, the city prosecutors are so overwhelmed with the felon in possession that they use that a plea bargain leverage to get a sentence on a lesser charge. Sometimes, when that happens the US Attorney will pick it up and that could get someone 20 years in an out of state federal prison. In my humble opinion those are "cherry picked" based on criminal history of violent offenses.
If you were charged with a firearm, along with the Meth charge and they allowed you to plead that out - the chances of you getting a conviction on a new FIP would be greater than if the meth charge did not involve the illegal use of a gun.
You know, there was a time when every gun possession was front page news - that is no longer the case - things have become so lax, based on a persons criminal history that many of those stories are on the 5th page now - and then many times, it says the charge was nol prossed, stetted or otherwise dismissed - unless it is picked up by the feds - then it might be on page 2
My point is, every city, town in every state treats these matters differently - again just like snowflakes - every case is different - there is at least one differeing factor that results in a charge, arrest, conviction or not.
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