13 Feb 24
“There is a fine line between naivety and optimism; out of goodwill, some people cross that line”
Omar Cherif
“Prohibited Person”
In most states, criminal defendants pleading guilty to (or being found guilty of) certain violent felonies, as well as a variety of domestic abuse offenses, lose their Second Amendment Rights, in most cases permanently.
When a thus “prohibited person” subsequently attempts to acquire a gun at the retail level, NICS will bounce the transfer, and the person may be arrested. At least that is the way the system is supposed to work.
To be clear, a prohibited person may never be in possession of, nor even touch, any gun (nor round of ammunition), under any circumstance, in the home, nor anywhere else!
The problem is that many “prohibited persons” don’t know they’ve been placed in that status!
Some states require that a criminal defendant be advised by the judge that he will lose his Second Amendment Rights (and thus become a “prohibited person,” probably permanently) when he enters a guilty plea, but many states don’t!
An issue develops when a prohibited person lives in the same household with non-prohibited people who are permitted to purchase and own guns.
A non-prohibited person may legally purchase a gun, but when a prohibited person subsequently gains access to it, both parties may be arrested!
The prohibited person will likely be charged with violating a condition of his release, and the non-prohibited person may be simultaneously charged with making a “straw purchase,” a felony under federal law!
The foregoing has actually happened, more than a few times!
In such a household, in order to avoid the above unpleasantries, gun(s) and ammunition must be continuously under lock and key, and the prohibited person must never be in possession of the key (or combination).
There is an obvious solution to this tedious quandary:
When you’re a legal gun-owner, never allow any prohibited person in your home, nor in your life!
When you know, or are related to, prohibited persons, invite them out of your life! Stop all contact, and never allow them in your home, nor on your property, even for a brief visit.
Have nothing to do with them!
In some cases, prohibited persons can succeed in having their Second Amendment Rights restored, but it is a long and expensive process.
And, US Attorneys have no sense of humor when it comes to straw purchases!
This is serious business, and legal American gun-owners must insulate themselves from this kind of liability!
/John
