Can a person with a Kansas ccl marry a convicted felon? - Page 4
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Thread: Can a person with a Kansas ccl marry a convicted felon?

  1. #31
    Join Date
    Dec 2007
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    Oklahoma, for now
    Posts
    364
    There are several posts about constructive possession over at Volokh Conspiracy that would be helpful. Short version seems to be as B2Tall wrote. As long as you maintain control of the firearm in such a way as to prevent the felon from being able to possess, you're good. Your RKBA is not controlled by restrictions on her, nor is her right to freely associate dependent on your firearm.

    The Volokh Conspiracy Felons and the Right to Bear Arms [UPDATE: Added Information on Another Such Case Decided by the Same Panel]

    There may be state laws that come into play, but with federal precedent in place, you should be covered. IANAL. You should consult a knowledgeable KS attorney.
    Bob Mueller
    Blog | Facebook | Flickr

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  3. Felon in posession?

    so, let me get this straight, If I own firearms and my neighbor who is a felon comes over to my house, he is now a felon in possesion? When my nephew who is a felon comes to town for a visit and spends the week with me, he is now a felon in posession? I find all this hard to beleave.

  4. #33
    Quote Originally Posted by santa View Post
    Not most. Considering that this is a web site dedicated to carrying firearms and most states require some kind of background check before issueing a carry permit, and considering that most(NOT ALL) of the people who post regularly on this site have some kind of carry permit, and many of those mistrust LEO legal advice, to say that most of the people who distrust LEO advice have an arrest record is way off base. I for one have a healthy mistrust of legal advice given by LEOs. They are NOT lawyers. I have NEVER used my 'God-given rights' to beat my wife or others, sell drugs, drive drunk or ect. ect. I have never been arrested. The courts have ruled its ok for a LEO to lie. I have on several occasions been lied to by an LEO. If you or anybody on this site relys on legal advice from an LEO no matter how honest he(she) may be, and you are later charged with a crime and you say in court as your defence "officer so and so said it was legal" that will get you nowhere except a all expence paid vacation in the Sheriff's bed and breakfast. And they lock the doors.
    Lawyers can be and many times are the worst of the worst liars. They do anything to "win" a case and make that huge paycheck. You can thank many famous lawyers for impeding justice and screwing society. Lawyers have no hearts and lie up a storm. A public defender I talked to didnt really care about whether he knew his client was guilty of something viscous, he just had a bad taste for police and it made him feel good to fight them in court. You can also thank lawyers for letting murderers walk the street such as Ms Anthony and OJ. Oh wait, "the glove didnt fit"... Ya Im sure that means he isnt guilty. Not to mention all the others who are defended by a lawyer for brutal crimes and then after acquitted, go on to admit their guilt in society's face.

  5. #34
    I have lived with male leos as roomamtes and dated a few female leos. None have shown me that they know the law or that they are in truth tax collectors for the most part under color of law. A few retired ones have said they do not teach common law in the academies, but what makes money. This has been the case for many years since all 50 states adopted the Uniform Commercial Code. I know I will catch a lot of "Flak". We need fewer leos, elcted for life politicians and more common sense in the laws we put/keep on the books. Most people when left alone do the right thing and do no harm. So scream and cry and throw flak my way I'm tough enough to handle it.
    The Only Easy Day Was Yesterday

  6. #35
    Join Date
    Feb 2010
    Location
    SE Florida
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    1,880
    Quote Originally Posted by Daniek View Post
    so, let me get this straight, If I own firearms and my neighbor who is a felon comes over to my house, he is now a felon in possesion? When my nephew who is a felon comes to town for a visit and spends the week with me, he is now a felon in posession? I find all this hard to beleave.
    In the broadest sense of the law, yes. However, if the felon isn't aware of the firearms (i.e. your neighbor, the plumber who's fixing your sink and happens to be a former felon, etc.) it's highly unlikely that they would be charged. I believe knowledge of the existence of the firearm comes into play. As far as somebody staying with you (i.e. your nephew), if they're aware of the guns in your home then the guns would have to be secured in order to protect them from any sort of prosecution.
    (Insert random tough-guy quote here)
    "See my gun?? Aren't you impressed?" - Anonymous sheepdog
    The hardware is the same, but the software is vastly different.

  7. #36
    Join Date
    Aug 2009
    Location
    washington state
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    817
    Quote Originally Posted by Deserteagle View Post
    Lawyers can be and many times are the worst of the worst liars. They do anything to "win" a case and make that huge paycheck. You can thank many famous lawyers for impeding justice and screwing society. Lawyers have no hearts and lie up a storm. A public defender I talked to didnt really care about whether he knew his client was guilty of something viscous, he just had a bad taste for police and it made him feel good to fight them in court. You can also thank lawyers for letting murderers walk the street such as Ms Anthony and OJ. Oh wait, "the glove didnt fit"... Ya Im sure that means he isnt guilty. Not to mention all the others who are defended by a lawyer for brutal crimes and then after acquitted, go on to admit their guilt in society's face.
    I never said ALL lawyers walked on water. Neither do the police, as many victoms have testified to and won judgements against. Recently there was a case here in Spokane WA where a leo beat a man to death and the leo was convicted by a jury. The difference between a leo and a lawyer is when you hire a lawyer he(she) is working for YOUR best interests, where as a leo works for a government agency that looks out for itself, NOT YOU! I have personally been lied to and even threatened by leo's in uniform. Only by being knowledgeable and standing up for my rights was I able to walk away from a threatening situation. Now the question I have for you(or anybody)is say you are an innocent law abiding citizen and in a situation where an leo is bullying you, threatening you, falsely accusing you, trying to manipulate you into confessing, are you going to call in for help another leo who works for the same government thats trying to crucify you or are you going to call a lawyer that will stand up for you and your best interests?

  8. #37
    Join Date
    Mar 2009
    Location
    TN, the patron state of shootin stuff
    Posts
    1,399
    What if the wife or hubby looses his driving license to a DUI. Does the other party have to sell the car. All states do not allow minors to own guns so if dad has a gun and the minor lives in the same house does that mean a violation has occurred? All in all I would trust a lawyer before I would trust a cop. As Santa pointed out a lawyer will try to protect your best interest. I don't know to many cops that I would trust to look after my best interest. Half the ones I know don't even know the law they are supposed to enforce.
    Suppose you were an idiot, and suppose you were a member of Congress;
    but I repeat myself.
    Mark Twain

  9. #38
    Quote Originally Posted by santa View Post
    Now the question I have for you(or anybody)is say you are an innocent law abiding citizen and in a situation where an leo is bullying you, threatening you, falsely accusing you, trying to manipulate you into confessing, are you going to call in for help another leo who works for the same government thats trying to crucify you or are you going to call a lawyer that will stand up for you and your best interests?
    Well you're not given the option to have a lawyer present before you're even arrested, that is if you wanted one. So I would definitely try to get as many other cops there and hopefully a supervisor. More people= more witnesses to the "crucifixion" as you refer to it. And sure lawyers will look out for your best interests because they will look out for anybody's best interests who can afford them.

  10. Quote Originally Posted by Deserteagle View Post
    Well you're not given the option to have a lawyer present before you're even arrested, that is if you wanted one. So I would definitely try to get as many other cops there and hopefully a supervisor. More people= more witnesses to the "crucifixion" as you refer to it. And sure lawyers will look out for your best interests because they will look out for anybody's best interests who can afford them.
    Seriously, Deserteagle? And just when I thought we were starting to agree. How about this FACT:

    The more cops that are present means there are more persons wearing the same uniform getting paid by the same government to collaborate and come up with the same story to protect each other. And, again, that may be construed as an anti-cop statement, but is just plain reality.
    Anyone who says, "I support the 2nd amendment, BUT"... doesn't. Element of Surprise: a mythical element that many believe has the same affect upon criminals that Kryptonite has upon Superman.

  11. #40
    Join Date
    Jul 2008
    Location
    Arapahoe County CO
    Posts
    152
    A marries B. B later is convicted of a felony. A remains married to B. QED, the answer to the original question is an unequivocal "yes".

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