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> Porras also admitted possessing a Model A uzi-style pistol; a MAK 90; and an S&W .44 caliber revolver. Although all weapons in Porras’ possession were legal f

by mabbo 6y ago

> Porras also admitted possessing a Model A uzi-style pistol; a MAK 90; and an S&W .44 caliber revolver. Although all weapons in Porras’ possession were legal firearms (the uzi-style pistol used post ban parts), a felony conviction for possession with intent precluded firearm ownership. Can someone explain this part to me. Was he previously convicted of a crime that precluded ownership? Or are the police able to take legal behaviour and change it to illegal behaviour later on?

mjh2539 6y ago
That he was previously convicted of felony possession with intent to distribute and that this precluded him from owning firearms is the only felicitous reading of that sentence.
ciarannolan 6y ago
Felons cannot own guns in the US. There's nothing complicated about it.
- notassigned 6y ago
  Well they can, they just aren't allowed to...
- garrettgrimsley 6y ago
  It's actually more complicated than that. In many states if you are convicted of a non-violent felony then at the end of your sentence your firearm rights are automatically restored. There are also the cases of pardons, expungements, and other restorations of civil rights. It varies by state, and while USC 922(g) outlaws firearm ownership possession by any felon, in practice the Federal courts look at whether the person has had their civil rights restored in the state of the alleged offense. When it comes to Federal charges, the prospect of amelioration is grim. In the Federal scenario, there is no expungement or pathway to restore your civil rights, but a pardon is possible. [0] There's also a discussion to be had about your and the legal definition of a "gun." For example, antique firearms such as some black powder rifles are specifically excepted [1] from the Federal legislation, but it could vary on a state by state basis. [0] https://www.justice.gov/archives/jm/criminal-resource-manual-1435-post-conviction-restoration-civil-rights https://www.justice.gov/archives/jm/criminal-resource-manual... [1] https://www.law.cornell.edu/uscode/text/18/921 https://www.law.cornell.edu/uscode/text/18/921
pstrateman 6y ago
I can't tell from the article. Certainly if he was previously convicted he can't legally poses a firearm. However I believe that possession of a firearm while operating a drug distribution business is also illegal. The article seems ambiguous on which it is.
refurb 6y ago
It mentions he had already been a convicted, or at least arrested, for a prior crime. That's why they had his fingerprints on file. Whether that crime was a felony, I don't know. But I believe the "felons can't possess firearms" also includes possession while committing a felony - you don't need an actual conviction (but the felony would need to be proved).

by mabbo 6y ago

mjh2539 6y ago

That he was previously convicted of felony possession with intent to distribute and that this precluded him from owning firearms is the only felicitous reading of that sentence.

ciarannolan 6y ago

Felons cannot own guns in the US. There's nothing complicated about it.

notassigned 6y ago
Well they can, they just aren't allowed to...
garrettgrimsley 6y ago
It's actually more complicated than that. In many states if you are convicted of a non-violent felony then at the end of your sentence your firearm rights are automatically restored. There are also the cases of pardons, expungements, and other restorations of civil rights. It varies by state, and while USC 922(g) outlaws firearm ownership possession by any felon, in practice the Federal courts look at whether the person has had their civil rights restored in the state of the alleged offense. When it comes to Federal charges, the prospect of amelioration is grim. In the Federal scenario, there is no expungement or pathway to restore your civil rights, but a pardon is possible. [0] There's also a discussion to be had about your and the legal definition of a "gun." For example, antique firearms such as some black powder rifles are specifically excepted [1] from the Federal legislation, but it could vary on a state by state basis. [0] https://www.justice.gov/archives/jm/criminal-resource-manual-1435-post-conviction-restoration-civil-rights https://www.justice.gov/archives/jm/criminal-resource-manual... [1] https://www.law.cornell.edu/uscode/text/18/921 https://www.law.cornell.edu/uscode/text/18/921

pstrateman 6y ago

I can't tell from the article. Certainly if he was previously convicted he can't legally poses a firearm. However I believe that possession of a firearm while operating a drug distribution business is also illegal. The article seems ambiguous on which it is.

refurb 6y ago

It mentions he had already been a convicted, or at least arrested, for a prior crime. That's why they had his fingerprints on file. Whether that crime was a felony, I don't know. But I believe the "felons can't possess firearms" also includes possession while committing a felony - you don't need an actual conviction (but the felony would need to be proved).