air rifles/firearms
i did not have a very good weekend a week ago and my wife and i got a argument and a neighbor called the cops and both of us got charge with domestive violence, we will most likely get it reduce because we both have clean records and she didn’t play the victom. hell we were talking 2 hours after we got out of jail. and everything is fine now. all we have right now is a stay away order, she would not sign tpo orders even though they tried three times. she knows it was an argument that went to far. but that brings me to my question, where is it stated that an air rifle is not a fire are i can’t seem to find it. because if the dv charge sticks that means no firearms for life because ohio does not expunge dv. and i would like to have that when i see my lawyer. i imagine a few people have had this experance here with this.
ps it is the state pressing charges not her.
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Gotta laugh when it is illegal to have a .22 air gun even though it is clearly in difference to fed. law. Yet Obama is on Az. case over the Illegal Immigration law just passed there. Obama maintains that the state has no right to supersede the Fed. law. Hummm!
Good idea on the proactive counseling. They will show way more mercy if you do things like that!
i checked ohio and the definition is the same as the federal definition
http://codes.ohio.gov/orc/2923.11
i check with her lawyer and because we both have clean record and no serious injeries, he thinks we sould get of real light, and probally get dropped or lesser charges. and we went to a therapist tonight who will write to court a letter to help, so i am hopeful.
but the way i understand it i should still have ag’s in ohio if i do get a dv.
Dang that sucks dude. Check your state laws for the definition of a firearm.
ps it is the state pressing charges not her.
At this point, it is really not important what the state laws on guns may or may not be. The law is what it is, and beating your charge is the real issue. You are going to have an arraignment, you will plead not guilty and waive your right to a speedy trial. You will be scheduled another court date and given a public defender if you choose, or hire a lawyer yourself. Your lawyer will be able to advise you on the best way of dealing with this charge. Your lawyer will be WELL familiar with cases like yours and will be able to tell you how they typically work out given the current DA. I suspect that you will probably end up doing OK, but your lawyer will be able to really fill you in.
–Dan
Hey guys
Im a felon in the state of S.C.
I can here legaly in this state have any black powder arms and airguns i want and can hunt with my AGs too.
in this state different felonies limit u to own PB guns
IN S.C. if its a violent crime they dont let u have PB guns if u get a DUI felony or a drug felony u can still have PB guns
Its just based on what level of felon charge u have/get
worse than a firearm. I can buy a rifle or shotgun with firearms ID card in an hour. Pellet gun or BB gun need special permit! even if you have a fire arms ID card!
There for the grace of god go most of us. Not to mention those folks who put that horrible LDC on the end of your condor and break a window with a ricochet.
Well said.
well said but don’t look to the 2nd on the citizenship issue
thats enshrined in the 13th & 14th
13th which killed slavery states that all forms of servitude outside that imposed by the Courts is prohibited. The 14th declares all folks born or naturalized in these United States of America are citizens regardless of previous condition of servitude.
Clearly then once you pay your debt your rights come back tabula rasa
this is further buttressed by Article 9 in the Constitution which prohibits Bills of Attainder which was an English innovation where the crown would permenently strip you of your rights, its prohibited right next to ex post facto laws.
So what happened?
Same Trojan horse used to create drug law…Title 18 tax code
if the government can not lawfully regulate something they tax it then create regulations to assist in the collection of said taxes which is why we have ATF which historically was part of Treasury, specifically the Internal Revenue Service until it grew legs of its own.
The NFA, 1968 GCA and the Lautenberg act are empowered by the 1919 Revenue act and Congress got away with this because the Federal reasoning was that the 2nd was not an individual right, rather a collective right of the States shared thru the National Guard Act. That bit of elitist reasoning went out the window when the Supremes finally declared RKBA an individual right in US vs Heller.
Heres the current boggle…
The use of Taxes to limit any citizen access to their individual rights has already been struck down by the Supremes, {think Jim Crow poll taxes} ergo since the Federal gun acts have a taxation scheme that empowers them and further since they prohibit access to an individual right the foundational Tax is an illegal one on its very face.
in short you kill the tax all Federal Gun regulations and the F in ATFE go right out the window.
Will it happen?
can’t say, maybe a 30% chance if one can even get such a case heard before SCOTUS.
I can tell you that I am aware of one, possibly two Federal cases on appeal winding their way toward the High Court on this theory, further Justice Roberts & Thomas are interested in rehearing the issue which has been mostly stagnant since the 1930s and US v Miller
My feelings have always been if we can not trust a man for what he may do with a firearm…why in the hell are we RELEASING him from prison in the first place
something else for you cats to be aware of as far as ATFE is concerned you blow a joint you are prohibited from possessing firearm for one year from date of last use. Get a small amount ticket, buy a rifle ten months later, you can go to prison and people already have
just sayin’
watch your six
Riverside,
I always like to hear fro you on this stuff, you seem to have the facts. I had read somewhere that bikers that were excons had armed themselves with percussion revolvers and as a result ATF had banned them for the felons.
Years ago I had a Cabelas 36 police model colt that I found to be unrealiable because the caps would come off the unfired cylinders while shooting.
So I super glued them on and it was as good as any 38 S&W that I had owned, not a 38 special, but better than throwing rocks. That 20 guage Howdah double pistol that Cabellas sells would thin the crowds down at the snack bar also if need be.
Still be interesting to hear from posters about the BP and Air Gun laws in their respective states, because in the end, that is what will get your ass in a sling.
I am a old time reetired LEO, but I have always thought that when you pay your dobt you have paid your debt, period. The mad dogs are the exception to the rule, but ex bad check artist and hippies growning their own pot should be allowed to arm themselves again.
Any of you folks that disagree and have never been behind the wheel after a drink and have the smell of alcohol on your breath are excempt from the glass house prindciple, but if you have, it only takes one driver to pull in front of you if you have been drinking and you become a felon in most states.
There for the grace of god go most of us. Not to mention those folks who put that horrible LDC on the end of your condor and break a window with a ricochet.
It could happen to any of you.
After all the 2nd amendment in the constitution does not mention felons.
Roachcreek
nope RC wasn’t me and that’s bad data at least Federally
Black powder is straight unregulated except for two points…
1st…a prohibited person can not possess “explosives” and years ago for just this reason back in the 70s the feds changed the status of black powder from a “propellent” to a “low explosive”
of course the Black powder substitutes remain “propellents and therefore unregulated.
2nd…back in the 80s ATF changed the classification of inline modern muzzleloaders to that of modern firearms. TC & Knights sued in Federal District court, ATF lost and Congress later specifically exempted inlines as non firearms.
Thats all well and good except ATF regards any Boxer primer as a modern ignition device and ammunition for the purposes of the GCA
short story if you are prohibited under federal law DO NOT have 209 primers…get the number 11 or musket cap conversion
past that there are no hidden issues at the FEDERAL level.
I suppose I should mention that while a felon can own a Black Powder revolver if you also own one of the Center Fire conversion cylinders, installed or not thats constructive possession of a Firearm
No free lunch guys…
This is a learning experience, guys sing out on what the law is in your state on BP and airguns for Dv and Felons. I tried to google it this evening, but it is not clear from yahoo or google. I do think that BP revolvers are prohibited for all DV and felons tho, maybe Riverside said that?
RC
Local laws can be a total bitch, San Francisco is a no AG city, they even banned Airsoft… 😯 I’m not sure if it has been overturned like the pistol law in public housing…
Was it Michigan that says an AG is a firearm as well?
BP guns are considered firearms just not as regulated as cartridge firearms although some cities and states vary on this. In CA if you brandish an AG or a BP gun you might as well brandish a G19, it’s all the same as far as the law is written. 😯
here in kaliphornia they look for any reason at all to issue an RO…along with that RO, NO firearms…almost anything that will propel a projectile of ANY sort is considered a firearm or a “dangerous or destructive device”…in fact any one that has an RO against them is supposed to surrender ANY firearm to LE and has to go BACK TO COURT to have the order lifted, if they do NOT, the order to surrender becomes permanent…
i know for a fact, that in San Diego county, that in DV cases, the SDSO has a policy to arrest the MALE regardless of circumstances
how’s that for “good” law?
BTW…i just caught part of it but legislation has been introduced to register all long guns and shotguns, too.(when purchased new)
I’m not sure if that’s California or federal…probably kaliphornia.
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Who was the man that said something to this effect, “My only regret is that I have but one life to give for my Country” ?.. http://en.wikipedia.org/wiki/Nathan_Hale Nathan Hale. One of my regrets is that I may not live long enough or if I do, will be too old by then, When the S.H.T.F. and we have a war. Anyone should be able to see we have been heading in that direction for a LONG time. The thing is the feds/states are so slick at incrementalism that we might end up fighting with rocks. Because of this….. http://en.wikipedia.org/wiki/First_they_came… P.S., if this post makes no sense, LMK and I will elaborate.