QUESTION

What could we do on my husband’s felony charge because of the guns that he keeps for his hobby?

Asked on Aug 23rd, 2012 on Criminal Law - Florida
More details to this question:
My husband builds semi auto rifles and preserves shotguns as well as other guns as a hobby. Someone claimed there are automatic weapons in our home so the Bureau of Alcohol, Tobacco, Firearms and Explosives came in said that his rifle that was in progress needed to be tested along with a few others. We had three riffles, one shotgun, a pistol, a couple barrels and a stock taken along with my husband who was taken to the courthouse and given an appearance ticket. We were given a list that they were hand writing as they took each item from the safe, we then received a receipt that showed what was checked in and was all correct with the serial numbers and types of guns. They were all logged as they came out and some were taken. They were then checked in to the county as evidence and showed exactly the type of gun etc. Funny thing we also received a receipt from the forensic lab that showed the same serial numbers but the guns were no longer intact. The person who took possession of the guns continued making comments about how easy they were to change to auto and honestly trying to irritate my husband knowing that my husband has no interest in automatic weapons. So forensics came back and claimed of those semi auto's that was in the process of being built was missing a spring therefore depending on how it was shot if it was held in the air it would shoot with repetition. My husband was then charged with a felony. He plead out because there was no fighting that and then we noticed that forensics shows that the shotguns that left our home were now rifles and parts were mixed up all over and the gun that originally left half built was now complete as an automatic weapon. Do we have any legal rights or should we just let things be?
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9 ANSWERS

Criminal Defense Attorney serving Portland, OR
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What your rights are and how you should proceed depends on several factors. How long ago was the guilty plea? Was your husband represented by counsel? Did his attorney have the records you refer to in your email?
Answered on Jul 17th, 2013 at 1:34 AM

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Appellate Attorney serving Grosse Pointe Farms, MI at Musilli Brennan Associates, PLLC
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This is much too complex to answer on the basis of your question alone. You statement that he pleads out is troubling. Was he represented?
Answered on Jun 13th, 2013 at 2:42 AM

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Child Custody Attorney serving Malvern, AR at Law Office of Gregory Crain
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He can't own guns with a felony.
Answered on Aug 30th, 2012 at 5:35 PM

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Bankruptcy Attorney serving Federal Way, WA at Freeborn Law Offices P.S.
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I am really not sure what your question is. If you are asking whether or not your husband can possess any firearms with a felony conviction, the answer is probably "NO". I would suggest that you review the sentencing order handed down by the judge. Generally, if a person is convicted of a felony, they loose their constitutional rights, including the right to possess a firearm. That right can only be restored, if at all, by the judge.
Answered on Aug 30th, 2012 at 5:34 PM

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You need a lawyer. You should not discuss facts of the case on the internet.
Answered on Aug 30th, 2012 at 5:34 PM

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WHY plead out? Did you have an attorney? What did he advise? If no attorney THAT was your BIG mistake.
Answered on Aug 30th, 2012 at 5:33 PM

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Leonard A. Kaanta
If your husband plead to a felony, he can no loger possess firearms.
Answered on Aug 30th, 2012 at 5:32 PM

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Michael J. Breczinski
Why plead out to something so flaky? Should have fought it. The whole thing sounds flaky.
Answered on Aug 30th, 2012 at 5:32 PM

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Criminal Defense Attorney serving Deltona, FL at R. Jason de Groot, P.A.
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First of all you need to hire a criminal defense attorney. The husband already plead, but there still might be something that can be done. Do not rely on a government attorney, get your own.
Answered on Aug 30th, 2012 at 5:32 PM

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