Two hypothetical legal questions

[spanky]

1) You're in a school zone and your firearm is entirely with your vehicle. An incident occurs which causes you to have to exit your vehicle with and possibly use your firearm. Are you now in violation of the 1000' rule?

2) An (obviously locked) safe is in a home that is inhabited by a convicted felon. As long as the safe is securely fastened and is quality it can be reasonably assumed that it's contents will be inaccessible to anyone not possessing the combination. Is this a problem?

 

[CajunTim]

If I am ever in a situation where I feel that the life of myself or my family is in jeopardy and I have to resort to a firearm, I wont care about the laws, or repercussions, to ensure the safety of my family.

Felons are rehabilitated and should be allowed to vote and own class III if they choose. And a paedophile who has served his time should be allowed to open a preschool if he wants. Sarcasm of course.

 

[spanky]

If I am ever in a situation where I feel that the life of myself or my family is in jeopardy and I have to resort to a firearm, I wont care about the laws, or repercussions, to ensure the safety of my family.

Felons are rehabilitated and should be allowed to vote and own class III if they choose. And a paedophile who has served his time should be allowed to open a preschool if he wants. Sarcasm of course.

I won't touch the second part.

The first part is my thought process as well but it's still a question I have since my workplace is right next to a school. I could throw a baseball over the fence (and I can't throw worth a ****).

 

[jimdana1942]

I believe that why in the heck can't the next door neighbors first cousin's uncle went to wally world but she was gone and the beauty shop went out of business and his convertiblke needed a new top.

 

[spanky]

I believe that why in the heck can't the next door neighbors first cousin's uncle went to wally world but she was gone and the beauty shop went out of business and his convertiblke needed a new top.

wat

 

[LouisianaCarry]

RS 14:18 Justification; general provisions

The fact that an offender's conduct is justifiable, although otherwise criminal, shall constitute a defense to prosecution for any crime based on that conduct. This defense of justification can be claimed under the following circumstances:
(1) When the offender's conduct is an apparently authorized and reasonable fulfillment of any duties of public office; or
(2) When the offender's conduct is a reasonable accomplishment of an arrest which is lawful under the Code of Criminal Procedure; or
(3) When for any reason the offender's conduct is authorized by law; or
(4) When the offender's conduct is reasonable discipline of minors by their parents, tutors or teachers; or
(5) When the crime consists of a failure to perform an affirmative duty and the failure to perform is caused by physical impossibility; or
(6) When any crime, except murder, is committed through the compulsion of threats by another of death or great bodily harm, and the offender reasonably believes the person making the threats is present and would immediately carry out the threats if the crime were not committed; or
(7) When the offender's conduct is in defense of persons or of property under any of the circumstances described in Articles 19 through 22.

 

[LouisianaCarry]

RS 14:95.1.1 Illegally supplying a felon with a firearm

§95.1.1. Illegally supplying a felon with a firearm
A. Illegally supplying a felon with a firearm is the intentional giving, selling, donating, providing, lending, delivering, or otherwise transferring a firearm to any person known by the offender to be a person convicted of a felony and prohibited from possessing a firearm as provided for in R.S. 14:95.1.
B. Whoever commits the crime of illegally supplying a felon with a firearm shall be imprisoned for not more than five years and may be fined not less than one thousand dollars nor more than five thousand dollars. At least one year of the sentence imposed shall be served without benefit of parole, probation, or suspension of sentence.
Acts 2004, No. 385, §1.

 

[spanky]

Thanks, LC.

 

[LouisianaCarry]

yw

 

[penguin]

RS 14:95.1.1 Illegally supplying a felon with a firearm

That is for supplying, not possession. It depends on the felony, too. In your hypothetical situation, what is the felony? Federal law is harsh, too. But for the Fed law to apply the firearm must transit across state lines at some point prior to the felon posessing the gun. That is easy to prove, though.

 

[spanky]

Firearms related.

 

[penguin]

Firearms related.

Violent? If so:

http://www.legis.state.la.us/lss/lss.asp?doc=78740

RS 14:§95.1. Possession of firearm or carrying concealed weapon by a person convicted of certain felonies

A. It is unlawful for any person who has been convicted of a crime of violence as defined in R.S. 14:2(B) which is a felony or simple burglary, burglary of a pharmacy, burglary of an inhabited dwelling, unauthorized entry of an inhabited dwelling, felony illegal use of weapons or dangerous instrumentalities, manufacture or possession of a delayed action incendiary device, manufacture or possession of a bomb, or any violation of the Uniform Controlled Dangerous Substances Law which is a felony, or any crime which is defined as a sex offense in R.S. 15:541, or any crime defined as an attempt to commit one of the above-enumerated offenses under the laws of this state, or who has been convicted under the laws of any other state or of the United States or of any foreign government or country of a crime which, if committed in this state, would be one of the above-enumerated crimes, to possess a firearm or carry a concealed weapon.

B. Whoever is found guilty of violating the provisions of this Section shall be imprisoned at hard labor for not less than ten nor more than fifteen years without the benefit of probation, parole, or suspension of sentence and be fined not less than one thousand dollars nor more than five thousand dollars.

C. Except as otherwise specifically provided, this Section shall not apply to the following cases:

(1) The provisions of this Section prohibiting the possession of firearms and carrying concealed weapons by persons who have been convicted of certain felonies shall not apply to any person who has not been convicted of any felony for a period of ten years from the date of completion of sentence, probation, parole, or suspension of sentence.

(2) Upon completion of sentence, probation, parole, or suspension of sentence the convicted felon shall have the right to apply to the sheriff of the parish in which he resides, or in the case of Orleans Parish the superintendent of police, for a permit to possess firearms. The felon shall be entitled to possess the firearm upon the issuing of the permit.

(3) The sheriff or superintendent of police, as the case may be, shall immediately notify the Department of Public Safety, in writing, of the issuance of each permit granted under this Section.

Added by Acts 1975, No. 492, §2. Amended by Acts 1980, No. 279, §1; Acts 1985, No. 947, §1; Acts 1990, No. 328, §1; Acts 1992, No. 403, §1; Acts 1994, 3rd Ex. Sess., No. 28, §1; Acts 1995, No. 987, §1; Acts 2003, No. 674, §1.

 

[spanky]

Non-violent. Possession only but he was already a felon upon receiving those charges.

 

[LouisianaCarry]

?

The question was about supplying, as I understand it. It seemed the fact that possession by a felon being illegal was already known.

 

[penguin]

A DA could easily make the argument that a weapon in the felons house is possession. It does not need be on his person, his house could constitute possession.

 

[LouisianaCarry]

I also understood the question to mean not the felon's house.

If his house, that would be sticky, yes.

If someone else's house and he was just staying there- the DA could argue that all he wants, doesn't mean he will win. If it is my safe and my key and I am the only one who has it, they can hang it up.

 

[geauxbubba]

From what I heard, a convicted felon was told by their PO that they couldn't have a sword that was hanging on the wall in the house and no guns what so ever, even if they are another family members and locked in a safe.

 

[LouisianaCarry]

That is the smart route to avoid all possible hassles, but what a PO says and what law/case law says are often not the same.