Possession of a firearm?

[Davedon]

I don't know any knowledgeable gun people around where i live to even ask this question and its been nibbling at my brain for a while now.

Anyway i have just built a brand new AR a few months ago showed it to my dad and he seems to like it. However he has an assault charge from a few years ago so it is illegal for him to possess a firearm. So i said he could come to the range with me watch me shoot the thing if he wanted and then he offered to give me a ride there and i said that might be a bad idea. Now I'm thinking that since he is prohibited from possessing a firearm is placing a firearm in his vehicle giving him illegal possession of a firearm if he is the driver? I would assume that the driver is responsible for all items in the vehicle but i don't know, I'm always paranoid about legal matters...

[RobD]

IANAL, but as long as you are there, It would be in your possession.

It may be a good idea to keep a few copies of the receipts for the components in the bag with it, should you ever need to prove that it's yours.

[1911fan]

First off. Was it a felony conviction? Or did it get settled out as a misdemeanor?

[RobD]

First off. Was it a felony conviction? Or did it get settled out as a misdemeanor?

Excellent point... I guess I assumed it was a felony.

[Davedon]

First off. Was it a felony conviction? Or did it get settled out as a misdemeanor?

No not a felony just a misdemeanor I'm not sure on the specifics. so what you guys are saying is its probably safe then? its not too big of an issue for me i drive, im just curious.

[Davedon]

IANAL, but as long as you are there, It would be in your possession.

It may be a good idea to keep a few copies of the receipts for the components in the bag with it, should you ever need to prove that it's yours.

i still have the receipt for the lower receiver.

[Squib Joe]

Must have been a domestic assault if he can't possess a firearm and it isn't a felony. If he never has control of the firearm it shouldn't be an issue, keep it in the trunk and have your paperwork with you and you should be fine.

[Davedon]

Must have been a domestic assault if he can't possess a firearm and it isn't a felony. If he never has control of the firearm it shouldn't be an issue, keep it in the trunk and have your paperwork with you and you should be fine.

thanks guys

[farmerj]

not enough details to determine.

You should really speak with a legal counsel on this as it could land BOTH of you in the clink for a federal firearms violation.

Domestics are one thing, felony another.

Without having the specifics, it's hard to make any comment. Go talk to one of the better firearm lawyers.


viewtopic.php?f=20&t=13453&p=144835&hilit=lawyer#p144835

[1911fan]

Was it a domestic assault? Seems to me there is some level or degree that bars him. If it's a simple assault say at a bar or the like he should be ok. Best thing to do. Find his court papers and then call Marc Berris.

[farmerj]

Was it a domestic assault? Seems to me there is some level or degree that bars him. If it's a simple assault say at a bar or the like he should be ok. Best thing to do. Find his court papers and then call Marc Berris.

5th degree domestics and others have a 3 year firearm disqualifer. Depending on the assault, it's a life time bar.

https://www.revisor.mn.gov/statutes/?id ... at.624.713

(11) a person who has been convicted of the following offenses at the gross misdemeanor level, unless three years have elapsed since the date of conviction and, during that time, the person has not been convicted of any other violation of these sections: section 609.229 (crimes committed for the benefit of a gang); 609.2231, subdivision 4 (assaults motivated by bias); 609.255 (false imprisonment); 609.378 (neglect or endangerment of a child); 609.582, subdivision 4 (burglary in the fourth degree); 609.665 (setting a spring gun); 609.71 (riot); or 609.749 (harassment and stalking). For purposes of this paragraph, the specified gross misdemeanor convictions include crimes committed in other states or jurisdictions which would have been gross misdemeanors if conviction occurred in this state.

Call a lawyer and set up a meeting.

[Davedon]

Was it a domestic assault? Seems to me there is some level or degree that bars him. If it's a simple assault say at a bar or the like he should be ok. Best thing to do. Find his court papers and then call Marc Berris.

5th degree domestics and others have a 3 year firearm disqualifer. Depending on the assault, it's a life time bar.

https://www.revisor.mn.gov/statutes/?id ... at.624.713

(11) a person who has been convicted of the following offenses at the gross misdemeanor level, unless three years have elapsed since the date of conviction and, during that time, the person has not been convicted of any other violation of these sections: section 609.229 (crimes committed for the benefit of a gang); 609.2231, subdivision 4 (assaults motivated by bias); 609.255 (false imprisonment); 609.378 (neglect or endangerment of a child); 609.582, subdivision 4 (burglary in the fourth degree); 609.665 (setting a spring gun); 609.71 (riot); or 609.749 (harassment and stalking). For purposes of this paragraph, the specified gross misdemeanor convictions include crimes committed in other states or jurisdictions which would have been gross misdemeanors if conviction occurred in this state.

Call a lawyer and set up a meeting.

false imprisonment bars you from having a firearm?

But yea i didn't want to get into that but it is a domestic and i would have to talk to him about the specifics. Its not that important i have my own car i was just curious as to what exactly qualifies as possession in this instance.

[1911fan]

Like it was posted, some domestics qualify for being barred for life from a firearm, and some do not.


It is an important question for the both of you, and it is important that you get it right, such as storage in the home, if you have your own gun safe and he does not know the combo thats legal, if you store it in your closet with no locks, that could put you both in the legal meat grinder. Its worth knowing, and its worth sorting this out properly.

Marc Berris is a Twin Cities attorney who specializes in this stuff, and he's very gun friendly as well as a member on this board, if you call him, you will at least get the best information that can be had, but do not waste his time, have your documents in front of you, and your dads information in front of you, and I am very sure he will do what he can to help you. Even if it costs you a few dollars, that will be cheap compared to having a firearm seized, or having to call Marc from jail after you get arrested. (hypothetically_ we hope)

[Davedon]

Like it was posted, some domestics qualify for being barred for life from a firearm, and some do not.


It is an important question for the both of you, and it is important that you get it right, such as storage in the home, if you have your own gun safe and he does not know the combo thats legal, if you store it in your closet with no locks, that could put you both in the legal meat grinder. Its worth knowing, and its worth sorting this out properly.

Marc Berris is a Twin Cities attorney who specializes in this stuff, and he's very gun friendly as well as a member on this board, if you call him, you will at least get the best information that can be had, but do not waste his time, have your documents in front of you, and your dads information in front of you, and I am very sure he will do what he can to help you. Even if it costs you a few dollars, that will be cheap compared to having a firearm seized, or having to call Marc from jail after you get arrested. (hypothetically_ we hope)

ah! good point ill keep that in mind.

[Erik_Pakieser]

IANAL

Personally, I would not bring out a gun around someone I knew was disqualified from firearms possession. I understand he's your Dad, but you owe it to him and yourself to keep each other out of trouble. I have seen cases where people have gone to prison for this.

Talk to a lawyer, he/she can give you the best advice.