Felon friend shooting

[Fivestring63]

Wondering if a buddy of mine that is a felon (Not gun related) can shoot my gun for a little plinking at the house?

[Guest HvyMtl]

Sigh. Grey area at best, I suggest asking an attorney...

[Guest Revelator]

Legally, absolutely not. Possession is possession, period. And this would be actual, not constructive possession. Of course you're free to do what you want, and your friend might be a great guy. But personally I wouldn't feel comfortable putting a friend of mine in a situation where if caught they'd go do a dime, plus probably a few for me.

[JReedEsq]

Just to echo Stegall... no way. What most people don't understand is that possession is defined by control and not ownership. It is a federal offense for him to be in control of a firearm, for even a brief period of time.

[tnhawk]

I would think a felon wouldn't want to take the risk of an additional crime, by handling a firearm. However we constantly see felons getting new charges while using a gun in the process. I guess their prison time wasn't a memorable experience for them.

[Guest Glock23ForMe]

I have a question along these lines. I know a guy from where I'm from, that is on the Registered Sexual Offenders list. I recently saw him in a YouTube video shooting a firearm at some paper targets?

Can Registered Sexual Offenders possess and shoot firearms?

[Guest bkelm18]

I have a question along these lines. I know a guy from where I'm from, that is on the Registered Sexual Offenders list. I recently saw him in a YouTube video shooting a firearm at some paper targets?

Can Registered Sexual Offenders possess and shoot firearms?

I'm sure one of the lawyers here can clarify, but I'm pretty sure anything that gets you on the sex offender list is probably a felony.

[robbiev]

I'm sure one of the lawyers here can clarify, but I'm pretty sure anything that gets you on the sex offender list is probably a felony.

Some or maybe most of the reasons to get on the sex offenders list are in fact felonies, but some states, you can be put on the list for something like soliciting prostitution, which, I'm reasonably sure is not a felony.

[Guest canynracer]

also, another question for the Lawyers....I "heard" that felons can purchase and possess a black powder C&R gun...is that true?

[MikePapa1]

Felons should never be in possession of a firearm. There is some gray area regarding black powder weapons are not "firearms" within the meaning of federal law. Though I know of no case law on point, I have been arguing with a Sumner County DA as to whether they are prohibited weapons under Tennessee law. I argue that are not.

As to sex offenders, I can't think of any misdemeanor that puts you on the sex offender register.

[DaveTN]

Didn’t Tennessee recently (last couple of years) impose stricter laws on “Felon in possession”; like mandatory prison time?

[redstategunnut]

I can't think of a Tennessee "sex crime" misdemeanor that requires placement on the sex offender registry, but as noted above other states might have misdemeanors that require registration. Registration has complex reciprocity rules, so I suppose it is possible that a person could be on the registry but not be a felon.

To answer the original post, or rather to reiterate the answers previously correctly given, the act of a felon holding a firearm is a crime which could subject the original poster to criminal penalties, too. This is one of those questions to which my answer is, "the little voice that told you to ask a lawyer this question already knew the answer."

[MikePapa1]

Actually, Tennessee law makes it a felony (Class E Felony) for a convicted felon to possess a handgun. Frankly, that's a minor detail in the felon's life because 18 USC 922(g) makes it a federal felony for a felon to possess any firearm and is punishable by 10 years in the federal penitentiary. I think what you are thinking of was the amendment to include all felonies in the Tennessee restriction rather than drug related or violent, as had previously been the case. Therefore, even something like altering a license plate ( I recently had someone who'd pled guilty to altering a temporary tag on a car, a Class E Felony, who was upset that after 10 years he could no longer own a handgun. There are a lot of felonies which now effectively remove the right of otherwise law abiding citizens from owning weapons.

[JayC]

Felons should never be in possession of a firearm. There is some gray area regarding black powder weapons are not "firearms" within the meaning of federal law. Though I know of no case law on point, I have been arguing with a Sumner County DA as to whether they are prohibited weapons under Tennessee law. I argue that are not.

As to sex offenders, I can't think of any misdemeanor that puts you on the sex offender register.

IANAL but here is my understanding:

Black powder weapons are not considered firearms, that is why you can order them through the mail still or purchase them without a background check. I'm aware of a felony who while on parole was allowed to own a small black powder cannon since it was not a firearm.

As for sex offenders, there are LOTS of things that can get you on that list... in some states including public urination. While most of them are a felony, a good number are not.

Here are some examples in TN that are misdemeanors that get you on the registry.

1. Indecent exposure - Class A/B misdemeanor

2. Solicitation of a minor - Class A misdemeanor (Can be higher as well depending on what was solicited)

Those are 2 examples of misdemeanors you can commit in TN that will result in being on the sex offender registry for life... Also keep in mind if you're convicted in another state, and are on their sex offender registry even if your crime wouldn't get you listed here, you must register.

[MikePapa1]

IANAL but here is my understanding:

Black powder weapons are not considered firearms, that is why you can order them through the mail still or purchase them without a background check. I'm aware of a felony who while on parole was allowed to own a small black powder cannon since it was not a firearm.[/QOUTE]

Under Federal law you are absolutely correct. Tennessee law, however, defines a firearm as follows: "“Firearm” means any weapon designed, made or adapted to expel a projectile by the action of an explosive or any device readily convertible to that use;" This is why the DA and I have been arguing over whether a convicted felon in Tennessee could possess a black powder pistol. I say yes, because of federal preemption but he disagrees. I'm not aware of any cases directly on point.

As for sex offenders, there are LOTS of things that can get you on that list... in some states including public urination. While most of them are a felony, a good number are not.

Here are some examples in TN that are misdemeanors that get you on the registry.

1. Indecent exposure - Class A/B misdemeanor

2. Solicitation of a minor - Class A misdemeanor (Can be higher as well depending on what was solicited)

Those are 2 examples of misdemeanors you can commit in TN that will result in being on the sex offender registry for life... Also keep in mind if you're convicted in another state, and are on their sex offender registry even if your crime wouldn't get you listed here, you must register.

Well, close. TCA §40-39-202 defines the offenses for the Sex Offender Registry. It says, in part:

<table border="0" cellpadding="0" cellspacing="0"><tbody><tr><td>“Sexual offense” means:

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</td><td> (A) The commission of any act that, on or after November 1, 1989, constitutes the criminal offense of:

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</td> <td> (i) Sexual battery, under § 39-13-505;

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</td> <td> (ii) Statutory rape, under § 39-13-506, if the defendant has one (1) or more prior convictions for mitigated statutory rape under § 39-13-506(a), statutory rape under § 39-13-506( or aggravated statutory rape under § 39-13-506©;

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</td> <td> (iii) Aggravated prostitution, under § 39-13-516;

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</td> <td> (iv) Sexual exploitation of a minor, under § 39-17-1003;

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</td> <td> (v) False imprisonment where the victim is a minor, under § 39-13-302, except when committed by a parent of the minor;

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</td> <td> (vi) Kidnapping, under § 39-13-303, except when committed by a parent of the minor;

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</td> <td> (vii) Indecent exposure, under § 39-13-511, upon a third or subsequent conviction;

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</td> <td> (viii) Solicitation of a minor, under § 39-13-528 when the offense is classified as a Class D felony, Class E felony, or a misdemeanor;

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</td> <td> (ix) Spousal sexual battery, for those committing the offense prior to June 18, 2005, under former § 39-13-507 [repealed];

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</td> <td> (x) Attempt, under § 39-12-101, to commit any of the offenses enumerated in this subdivision (20)(A);

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</td> <td> (xi) Solicitation, under § 39-12-102, to commit any of the offenses enumerated in this subdivision (20)(A);

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</td> <td> (xii) Conspiracy, under § 39-12-103, to commit any of the offenses enumerated in this subdivision (20)(A);

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</td> <td> (xiii) Criminal responsibility, under § 39-11-402(2), to commit any of the offenses enumerated in this subdivision (20)(A);

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</td> <td> (xiv) Facilitating the commission, under § 39-11-403, to commit any of the offenses enumerated in this subdivision (20)(A);

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</td> <td> (xv) Being an accessory after the fact, under § 39-11-411, to commit any of the offenses enumerated in this subdivision (20)(A);

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</td> <td> (xvi) Aggravated statutory rape, under § 39-13-506©; or

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</td> <td> (xvii) Exploitation of a minor by electronic means, under § 39-13-529;

There are misdemeanors that can put you on the Registry, but not many.

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Edited September 13, 2010 by MikePapa1
Correction

[Guest Swamprunner]

A felon is a felon. Period. A pimple on the rear end of society. For lack of a better term, use "low-life". There used to be a time where being a convicted felon used to bring shame upon a man (or woman), but now everybody is into this restoration of rights thing. Instead of being shunned, Martha Stewart is picked up as the home fashion consultant by Macy's. G. Gordon Liddy (another FELON) is a successful conservative radio talk show host. WHY in the world would anybody advocate allowing another person who has committed a "notorious crime" to have the same rights that those of us hold dear. There is a reason that felons can not vote, use or possess firearms or ammunition, or have the same rights that we who follow the rules have. Sheesh. Use yer noggin.

[Punisher84]

A felon is a felon. Period. A pimple on the rear end of society. For lack of a better term, use "low-life". There used to be a time where being a convicted felon used to bring shame upon a man (or woman), but now everybody is into this restoration of rights thing. Instead of being shunned, Martha Stewart is picked up as the home fashion consultant by Macy's. G. Gordon Liddy (another FELON) is a successful conservative radio talk show host. WHY in the world would anybody advocate allowing another person who has committed a "notorious crime" to have the same rights that those of us hold dear. There is a reason that felons can not vote, use or possess firearms or ammunition, or have the same rights that we who follow the rules have. Sheesh. Use yer noggin.

So by that rationale a person who makes a mistake at 18, serves their time, and never commits another crime is a worthless person and shouldn't be able to be a productive member or society or protect themselves or their family? That's just astounding to me that you can think that way.

[Oh Shoot]

So by that rationale a person who makes a mistake at 18, serves their time, and never commits another crime is a worthless person and shouldn't be able to be a productive member or society or protect themselves or their family? That's just astounding to me that you can think that way.

Not only that, but national mores/laws change over time -- and what may be a misdemeanor in one state can be a felony in another.

Drug law is a prime example, as possessed amounts of various drugs vary in different states as to severity of the charge. And these laws change over time, too.

Illegal possession of a weapon is another example that comes to mind, misdemeanor in TN, felony in some states.

It's "legal" but not "just" that all felonies are considered the same as far as one's civil liberties are concerned.

- OS

[Guest TargetShooter84]

Yup, felons can't touch guns, kids, themselves, or anything that is deemed illegal unless they love prison to go back again at our expense.

[Guest Grot]

I can't think of a Tennessee "sex crime" misdemeanor that requires placement on the sex offender registry, but as noted above other states might have misdemeanors that require registration. Registration has complex reciprocity rules, so I suppose it is possible that a person could be on the registry but not be a felon.

"

Public Urination is a Misdemeanor i believe, and it is a "Sex Crime"

[Punisher84]

Public Urination is a Misdemeanor i believe, and it is a "Sex Crime"

Well public urination isn't. Indecent exposure is though. Especially if a minor sees it.

[Desert Rat]

I do believe there is a criminal penalty for those who knowingly provide a felon access to a weapon.

[JayC]

Well public urination isn't. Indecent exposure is though. Especially if a minor sees it.

In some states public urination is listed as an offense to be listed, and if you move to TN even though it's not listed here you still have to sign up for the registry if you're on it from another state.

Also, is a 17 year old 'streaking' at their high school football game really a person that we want on a sex offender list for life? Or the 18.1 year old who gets caught in the back seat of a car with his 15.9 year old girlfriend?

If these folks are such a danger to society (and don't get me wrong some of them are) that we need a list to show us where they live... then why on earth are we letting them out of prison to begin with?

Megan's law takes common sense out of the process.. and we're left with a modern day version of a scarlet A which for some is a gross injustice.

[Guest strelcevina]

Wondering if a buddy of mine that is a felon (Not gun related) can shoot my gun for a little plinking at the house?

If your buddy asked you to shoot your gun at a house ,than you should reconsider your friendship .

If you came on idea to let him shoot your gun , than you aren't such a good friend to him.

That being said .

Felons are mostly compulsive people, hence doing a stupid thing over and over again until they get caught .

If you comited felony at any stage in your adult life, you should stay away from a guns all your life. Period..

[Punisher84]

In some states public urination is listed as an offense to be listed, and if you move to TN even though it's not listed here you still have to sign up for the registry if you're on it from another state.

Also, is a 17 year old 'streaking' at their high school football game really a person that we want on a sex offender list for life? Or the 18.1 year old who gets caught in the back seat of a car with his 15.9 year old girlfriend?

If these folks are such a danger to society (and don't get me wrong some of them are) that we need a list to show us where they live... then why on earth are we letting them out of prison to begin with?

Megan's law takes common sense out of the process.. and we're left with a modern day version of a scarlet A which for some is a gross injustice.

Agreed. Too much zero-tolerance BS. To me a sexual offender is a sexual predator, not some kid who streaks at a football game.