So, Question 11c on ATF from 4473 says:
"Have you ever been convicted in any curt of a felony, or any other crime, for which the judge could have imprisoned you for more than one year, even if you received a shorter sentence, including probation."
So, what if, your state has misdemeanor Assault with a sentence that says 'not to exceed 365 days', does that mean you are not a prohibeted person? Would the sentence have to be 366 days at least to disqualify you from firearm possession?
A work associate has a reprobate neighbor you see... that has made threats about shooting my work associate's dogs. But a public records search shows that Assault beef on his record from 15 years ago. Reprobate neighbor is also 'known to police' now. Many people summon the cops because of his antics that might not rise to level of handcuffs and Miranda.
Just wondering for when Associate has to call the police again if her mentioning "he keeps talking about shooting my dog, shoud that jailbird even have a gun?" all innocently, would ellicit different police behavior. I mean, she doesn't want to HAVE to shoot the guy at some future date.
I did tell her to keep an eye out and to call immediately if she ever sees a gun in his possession.
What say you readers?
I can't speak to all states but in Tennessee, all misdemeanors are punishable by 11 months and 29 days in jail. Anything with a sentence more than that is a felony. I think that is the reason for the wording. Joe Average probably doesn't know from felony or misdemeanor but should know how much time they were looking at. Tom Thug, on the other hand, probably knows as much about criminal law as his attorney.
ReplyDeleteUnless it was classified as a felony, He'S good to go.
ReplyDeleteShe should probably Talk to the police about His threats. It wouldn't hurt a thing to pass that little tidbit along.
I'm as leery (or more) as the next guy about giving people leeway on the Prohibited Person definition, but I certainly agree that she should file a report about the threats. A threat like that indicates premeditation, and a police report would put it in writing. The only issue I have with playing it the other way is that a lot of times we back movements to restore rights to people who haven't been arrested for years, whose rough patch is well behind them. Even if this guy is a real piece of nasty work (which seems likely) his case will certainly be used as precedence. It's a cold logic, but I hate to give the antis free ammunition.
ReplyDeleteDude hasn't been in jail for 15 years, but has been tazed by the police in the last year, so...
ReplyDeleteThe cops know his name. And not in a good way.
IIRC correctly, "365 days or less" is not "a year or more".
ReplyDeleteWhat, what? The cops tased him and he DIDN'T go to jail? WTF???
ReplyDeleteJust picking a nit (or is it knit) but, except for leap years, 365 days is "a year". It isn't more. If the law says "more than 1 year" than that requires 366 days as a minimum (except on leap years, then it is 367 days).
ReplyDeleteNo charges filed, Sigman.
ReplyDelete