Can a Convicted Felon Go to a Firing Range Strictly as a Observer? No Handling or Firing.

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Broadly speaking, the answer is NO. He's flirting with disaster. It must have been a serious class felony if he's still on parole (or maybe you mean probation) ten years later. And if he's still on probation he must have done prison time not that long ago.

Ask the parole/probation officer. States differ in how they see things. Some free states like Indiana ignore Federal law if it wasn't a violent felony. He could even own a gun in Indiana, but he wouldn't be able to buy one through an FFL. I don't know about Florida.
 
Broadly speaking, the answer is NO. He's flirting with disaster. It must have been a serious class felony if he's still on parole (or maybe you mean probation) ten years later. And if he's still on probation he must have done prison time not that long ago.

Ask the parole/probation officer. States differ in how they see things. Some free states like Indiana ignore Federal law if it wasn't a violent felony. He could even own a gun in Indiana, but he wouldn't be able to buy one through an FFL. I don't know about Florida.

I'm not sure it's accurate to say they "ignore Federal law if it wasn't a violent felony". Rather, they probably have ways of dealing with non-federal felony convictions within their own state.

Either way, we'd have to treat each case on its own merits, as we cannot speak broadly on this with any meaning applicable to the OP.
 
1) For those that have responded "NO", can anyone cite what statute would be violated by the felon visiting a range, and without handling a firearm?
Title 18, Section 922(g) of the U.S. Code prohibits the possession of a firearm for life in the event conviction for any felony, other than a small handful, that is punishable by more than one year imprisonment, Tta includes actual possession--which includes handling a firearm--and constructive possession.

The latter involves knowingly being in a place where the person can acquire a firearm.. Lack of intent is a defense, but I would not want to try that one after having intnially got to a place where there are guns,

Some time ago, we were advised towithwr put every forearm in a safe or not allow family member who was a convicted felon who know we had guns to come into the house.
Some free states like Indiana ignore Federal law if it wasn't a violent felony. He could even own a gun in Indiana,
Enforcement by state authorities is not the issue.
 
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BOTTOM LINE:

- Obtain an actual copy of the parole conditions set by the parole board and the court in order to see exactly what the parole terms are in writing.

- Obtain the services of an attorney for specific legal questions and answers with respect to the laws on this.

In the meantime...prudence is the byword.
 
One of the things "we" do not have in this discussion is whether the Judge placed any additional restrictions during sentencing.

There can be any number (including none) of additional conditions applied to the sentence. Which can include things like where the convict can congregate and who or whom they can associate with, and restrictions of locations and activities.

Persons found guilty of compute fraud can be barred from access to computers for some time period. Or to not associate with certain other people.

None of which is written into Statute, and is withing the discretion of the sentencing judge.

So, we will not know these things. We might suppose that the guilty party's probation officer would know such things, if they still are under such supervision.
Further, the convict ought know what instructions they were left with upon sentencing and or termination of parole.

Really, this is Asked and Answered, and easily 20 posts ago.
 
Title 18, Section 922(g) of the U.S. Code prohibits the possession of a firearm for life in the event conviction for any felony, other than a small handful, that is punishable by more than one year imprisonment, Tta includes actual possession--which includes handling a firearm--and constructive possession.

The latter involves knowingly being in a place where the person can acquire a firearm.. Lack of intent is a defense, but I would not want to try that one after having intnially got to a place where there are funs,

Some time ago, we were advised towithwr put every forearm in a safe or not allow family member who was a convicted felon who know we had guns to come into the house.

Enforcement by state authorities is not the issue.
It is an issue. Some states like Indiana, for example, will not permit state, county, or municiple law enforcement to enforce federal law regarding 2A issues... if the felony is non-violent. If the poor sap has the misfortune of encountering Federal law enforcement agents, well that's another story.
 
I'm not sure it's accurate to say they "ignore Federal law if it wasn't a violent felony". Rather, they probably have ways of dealing with non-federal felony convictions within their own state.

Either way, we'd have to treat each case on its own merits, as we cannot speak broadly on this with any meaning applicable to the OP.

People are moving to states like Indiana and Iowa from nanny states like Illinois for the very reason that they are 2A friendly states. It doesn't matter to Indiana which state the felony offense occurred. You would have to move and become a citizen of Indiana. My point was that the country is dividing up into 2A friendly states and 2A unfriendly states. I made it a point to say I don't know how Florida operates in a case like this. I do know how Indiana operates if you become a citizen of Indiana.
 
People are moving to states like Indiana and Iowa from nanny states like Illinois for the very reason that they are 2A friendly states. It doesn't matter to Indiana which state the felony offense occurred. You would have to move and become a citizen of Indiana. My point was that the country is dividing up into 2A friendly states and 2A unfriendly states. I made it a point to say I don't know how Florida operates in a case like this. I do know how Indiana operates if you become a citizen of Indiana.

I would need to see where Indiana has said they will not enforce federal felony laws with respect to non-violent federal felony convictions. If you have any references, I'd be interested in reading them.

I've yet to find anything which says what you claim with respect to Indiana not enforcing federal felony conviction prohibitions with respect to non-violent felonies.
 
Many fine observations and opinions. Thank you. As Dogtown Tom
correctly pointed out, the Federal parole system ended in 1987, and was replaced by a probationary supervisor method.

So my friends dad has not had to report to anyone for the past 8 years.

I should have taken more time and gotten all the facts before putting up the OP. Mea culpa
 
Some states like Indiana, for example, will not permit state, county, or municiple law enforcement to enforce federal law regarding 2A issues.
That is meaningless, feel-good piece of legislation. States and municipalities do not, and do not have the authority, to enforce Federal laws.
He could even own a gun in Indiana, but he wouldn't be able to buy one through an FFL.
NO! Before you continue to spread that idea or perhaps act on it, you should know that Indiana has its own Felon in Possession law. Most if not all states do,

So my friends dad has not had to report to anyone for the past 8 years.
Not so fast! The roe of the probation officer has been taken over by the judge.

And don't forget the risk of felony charges as a felon in possession.
 
That is meaningless, feel-good piece of legislation. States and municipalities do not, and do not have the authority, to enforce Federal laws.

NO! Before you continue to spread that idea or perhaps act on it, you should know that Indiana has its own Felon in Possession law. Most if not all states do,


Not so fast! The roe of the probation officer has been taken over by the judge.

And don't forget the risk of felony charges as a felon in possession.
Of course possession will always be a felony, probably for his lifetime.

Unlike many states , the Feds have no board of review for Federal felons to try to get their civil rights back.

Its sad. Allocations should made by the Feds to allow for these people to have a Board Review..
 
Title 18, Section 922(g) of the U.S. Code prohibits the possession of a firearm for life in the event conviction for any felony, other than a small handful, that is punishable by more than one year imprisonment, Tta includes actual possession--which includes handling a firearm--and constructive possession.

The latter involves knowingly being in a place where the person can acquire a firearm.. Lack of intent is a defense, but I would not want to try that one after having intnially got to a place where there are funs,

Some time ago, we were advised towithwr put every forearm in a safe or not allow family member who was a convicted felon who know we had guns to come into the house.

Enforcement by state authorities is not the issue.
You have a good citation to 18USC992, and to your point that "Possession" can also include "Constructive Possession", But "Constructive Possession" cannot be established simply by being in a place where a firearm could be acquired. It is still necessary for the prosecution to show that defendant had the "power and intent to control the object" (please refer to the U.S. Supreme Court's decision in Henderson v U.S.). It the circumstances described by the O.P., the felon visiting the range does not have the "power" to control any firearms and thus, there is no "Constructive Possession."
 
At some areas, a public rifle or pistol range is about the best place to unexpectedly find yourself next to a police officer, parole agent, judge, etc. ... "Hey, don't I recognize you, aren't you so-and-so with the ten year parole?"
 
Took the time to read through all the posts in this thread and came to the conclusion that both referrals to a competent attorney and contact with the probation officer (or equivalent in the federal system)... are probably good advice. That attorney for the actual laws where the individual resides (states differ on various points but rarely on substance...) and whoever is responsible for any parole or probation (it's entirely possible for an individual to be placed back in custody without any specific law being broken.... so that contact is quite important if you want to remain free until they've cleared parole or probation...).

On a personal note, once or twice during my years as a cop I came into contact with someone as an adult that I'd dealt with as a kid or very young adult. The ones that straightened themselves out and were living a good life, with job, family, etc. were always a high point for me. Can't say I ever thought that the justice system had that much to do with it though, when it occurred..
 
But "Constructive Possession" cannot be established simply by being in a place where a firearm could be acquired
That is true, and is as I explained.
The latter involves knowingly being in a place where the person can acquire a firearm.. Lack of intent is a defense, but I would not want to try that one after having intnially got to a place where there are guns,
It is still necessary for the prosecution to show that defendant had the "power and intent to control the object"
Regarding "the power to control" and "can access", that is a distinction without a difference.
It the circumstances described by the O.P., the felon visiting the range does not have the "power" to control any firearms and thus, there is no "Constructive Possession."
I have never visited a shooting range in which persons present were physically prevented from getting to guns.

So, intent would be the issue, and as I said, it would be a matter for the charging authority and the courts. Should it make it to the latter, a felon who had gone to the gun range would surely be in a very tenuous situation.
 
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Some free states like Indiana ignore Federal law if it wasn't a violent felony. He could even own a gun in Indiana, but he wouldn't be able to buy one through an FFL. I don't know about Florida.
First, states don't have the authority to enforce federal law. Never have.
Second, Indiana sure as heck will drop a dime to ATF/DEA/FBI on any felon they find with a firearm. It's leverage to get the accused to plead out to state charges.
Thirdly, believe that Indiana or any other state that has a law exempting their residents from federal law is not just foolish, but ignorant. Google "Supremacy Clause".
 
I talked to my friend this morning. He has read the whole thread and feels the best course of action is to consult a South Florida attorney who specializes in firearm issues as many here have suggested.

I agreed completely and gave him the names of two excellent men.

He going to call tomorrow and make an appointment. So hopefully this will help his dad to make a good decision.

Thanks again, THR, for all the fine assistance!
 
First, states don't have the authority to enforce federal law. Never have.
Second, Indiana sure as heck will drop a dime to ATF/DEA/FBI on any felon they find with a firearm. It's leverage to get the accused to plead out to state charges.
Thirdly, believe that Indiana or any other state that has a law exempting their residents from federal law is not just foolish, but ignorant. Google "Supremacy Clause".
That is incorrect. Indiana will not bring in federal law enforcement agencies unless the person uses a gun in a crime. If he's minding his own business in his own residence, or at a shooting range, or a friend's property with an unofficial shooting range. Indiana law enforcement doesn't demand to see ze papers, they leave people alone unless they catch them in a crime.

Even Illinois has a patchwork of of enforcement because several county sheriffs are refusing to enforce the new Illinois AWB.

It doesn't matter if you don't like it. That's the way it is. End of story.
 
If he's minding his own business in his own residence, or at a shooting range, or a friend's property with an unofficial shooting range. Indiana law enforcement doesn't demand to see ze papers, they leave people alone unless they catch them in a crime
What papers?

Unlawful possession is a crime--period.

It is a crime for anyone to fail to report the commission of a Federal felony if that person has knowledge of it. Has been for centuries.
 
Some appear to think being on parole means you can’t do A, B and C. But in reality it can mean you can’t do do A, B , C, S, T, and Z. The conditions can be oddly specific in addition to the standard terms.
Checking with the supervising officer is the best option.
 
Some appear to think being on parole means you can’t do A, B and C. But in reality it can mean you can’t do do A, B , C, S, T, and Z. The conditions can be oddly specific in addition to the standard terms.
Checking with the supervising officer is the best option.
Has it not been established that parole is not an issue here?
 
That is incorrect. Indiana will not bring in federal law enforcement agencies unless the person uses a gun in a crime.
Dude...... that's exactly what I wrote. :rofl:



If he's minding his own business in his own residence, or at a shooting range, or a friend's property with an unofficial shooting range. Indiana law enforcement doesn't demand to see ze papers, they leave people alone unless they catch them in a crime.
No kidding? You mean Indiana does exactly what the rest of the states do? Unbelievable. We should all move to Indiana.



It doesn't matter if you don't like it. That's the way it is. End of story.
That's what she said.
 
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