How many yrs does a felon on probation in the state of ca get with possession of a firearm and amunition?
Difficult to answer - too much is unknown. You can be pretty sure that they will be returned to jail/prison to serve the remainder of their original sentence.
In the meantime they will be charged and tried for the firearm possession offense, and that sentence will probably be added onto the top of their original sentence.
If the felon was charged under the federal statute they could be imprisoned for up to 15 years on the firearm charge alone.
Then I would imagine that there would be several reasons to hold the person involved. Unless the firearm was obtained while the felon was in a state of diminished capacity I would expect the possession charge to progress normally. The person had to have possession of the firearm to attempt suicide with it.
No, the state of residence has nothing to do with it. It is a violation of FEDERAL law (US Code, Title 18) for a convicted felon to ever own or possess a firearm. Missouri also prohibits felon in possession of a firearm, so a felon in possession may be convicted in both state and federal court for that crime.
Generally speaking, no. Being on probation and being a felon are two different things. Once you are a felon, you cannot legally own a firearm. It is sometimes possible for a felon to have his rights restored, but for information on that, you really should contact an attorney familiar with the process.
I hope not. ADDED: It IS LEGAL FOR YOU to be able to own a firearm, HOWEVER you had better keep it somewhere else. It is not lawful for a convicted felon to be in the same house with it. Court decisions have ruled that such a situation places the convicted felon in what is known as "concurrent possession" of the firearm and they can be charged with "Unlawful Possession of a Firearm."
If I understand the question correctly - - - you are on probation AND you got caught with a shotgun in your car. If that is the case - your probation will be revoked and you will go to jail, AND be charged with a new offense (possibly federal as well) of felon in possession of a firearm). Congratulations! You are now eligible to spend 15 years in federal prison.
NO, not unless she wishes to risk the arrest of her husband! A felon cannot be in "possession" of a firearm. 'Possession,' in the law, means ANYWHERE where he has access to it, or can exercise control over it. Having a firearm in the residence or in the car, or for that matter ANYWHERE he may be, is known as "concurrent possession," and is prohibited.
NO, there should be a law stating that a felon should not be in possession of a firearm,If you are a convicted felon you should know that, firing one proves you were in possession. Actually, there may or may not a state law in any given state. In the U.S. there is a federal law prohibiting convicted felons from possessing a firearm in most cases. A felon cannot own or posess a gun unless the…
Can you own or posses a firearm in the same residence as a convicted felon in the state of Pennsylvania?
Felons cannot own or POSSESS firearms! YOU can own or possess as many firearms as you are legally entitled to - IT IS THE CONVICTED FELON WHO IS AT RISK, not you. Courts have ruled that a firearm in the same residence as a felon places the felon in "CONSTRUCTIVE POSSESSION" of the firearm. If the felon is going to continue to live there you should store your guns elsewhere.
Felon = Federally prohibited from possessing a firearm. It is considered illegal in every state for a convicted felon to be in possession of a firearm. By definition, a firearm is a weapon that is designed to expel a projectile by the action of smokeless or black powder. A felony firearm charge can also be brought against convicted felon who is found in possession of a firearm, regardless of the intended or actual use of…
Is is possible for a convicted felon be charged with probation violation when a the ATF team raided his house and found guns underneath house but not in his hand possession in the state of Georgia?
Yes. However, as a convicted felon, you may not possess it. Depending on local laws, this may mean that you can't keep it in the home. Because you are a convicted felon you may NEVER be found "in possession" of the firearm. This means that it may not be kept ANYWHERE where you may happen to be (on your spouse's body/in your home/business/vehicle/etc). The firearm may not be ANYWHERE where you may be. Even if…