Advice...what are my rights?

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Jacklegs

Jacklegs

Member
Mar 27, 2016
129
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South Carolina, United States
Hello everyone. I need a little help.

I'm introducing myself here as well as asking some advice. I've been reading and researching for weeks on here now and am genuinely impressed by the level of intelligence and diplomacy on here. The honest reviews and opinions are paramount for people in my position. It's prompted me to reach out with a story and ask your advice. So if you have ten minutes, please read on.

I'm 42. Grew up on a working farm in rural SC. Been hunting all my life. Owned a buttload of pneumatics and springers but never a PCP. I've been very interested in purchasing a new bullpup. Probably a cricket .25 but am still open to suggestions on make and model, also haven't decided WHO I'm buying from yet....I'm finally in a position in my life to pull the trigger and buy whatever gun and scope I decide on regardless of price. I have a couple dilemmas though.

One, I am a convicted felon, and please, keep in mind as I tell this next part, I make no excuses. I intended to do what I did. I paid some very dear prices for it too and the cloud that follows that black mark is still hanging over my head today, 23 yrs later. Always will be there... I can't vote. Can never be a juror. Not as many civil liberties as most. Definitely have to walk a line the rest of my life, and that part is fine. Keeps my @&$ straight.

At 19, I got drunk and burglarized an abandoned store. The store was empty save for some shelving and a box of fireworks. I took nothing. At times I've looked back at that night over the years, and to be honest, I Don't even know why I went in the damn place. I knew better. My family taught me right from wrong. I was raised to have values and morals and say thank you and yes ma'am and no sir and not have a problem with having said it. Be appreciative and don't steal and don't lie.

Still, I messed up big that night. Basically got caught red handed coming out of the place. Cops blamed me for everything they had on the books related to theft in the whole county. Told me they were gonna put me away forever if I didn't tell on myself. Told me burglary carried life. Charged me with multiple crimes related to the only crime I committed. I plead guilty, did a year and two days in a maximum security prison. A dungeon of gladiators. A society unto itself. Rough place for a 20 yr old white guy outnumbered by a bunch of uncivilized monkeys but I made it out alive.

I'll never forget leaving that day because they made me sign a piece of paper saying I would never own a firearm again. You might imagine for a country boy like me that's a pretty hard pill to swallow. I couldn't imagine my life without hunting. I have to say, At the time it seemed insignificant compared to the parole I still had ahead of me and the fact that the state had gotten me a job throwing hay bails off of 18 wheelers for $5 an hr before taxes. Those first struggles had my life too full to care about it much and honestly, I had no idea how to fix it if it could be changed.

Many years have passed since then and today I am a much different man in a much different position in my life. I want to be able to shoot starlings. I want to be able to go target shooting. I want to be able to own an air rifle if I want to.

I want something extremely quiet, powerful, and deadly accurate. Everything I read and watch leads me back to the cricket or vulcan in .22 or .25. Monastery quiet. Crickets Highly customizable. Laser accurate. I have researched the jkhan krosa but I don't mind spending the money on a cricket if it's a better fit. Leaning towards an Aeon scope with the double mil dot but need to go look through a bunch of scopes before I decide on that one. Ernest Rowe seems to be the man. Would you recommend having him build out and tweak whatever I buy?

What are my rights? I understand the Federal laws on firearms and I have read South Carolina's entire criminal statute related to weapons or firearms. According to federal law I can own an air gun. SC law is a bit more broad but basically It says I can't possess a firearm as a convicted felon.

Any help you can offer will be very much appreciated. Thank you for reading this.
 
The safest thing to do to make sure it is legal in your state is to research it online, or ask a police officer or attorney. As a convicted felon I would want to make sure the information I get is given to me by someone who really knows the law and is not just giving you an informed opinion, if they get it wrong you are the one who will pay, so do some research and if you can't find the answer ask someone in your county or state who is in law enforcement, good luck, Neil.
 
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I feel for you. When you were just a kid you made a bad choice and to this day are suffering the consequences of that bad choice. Anyway, if you really want to cover your ass go talk to an attorney. Years ago I wanted to start a business I went to an attorney to ask a few questions and it was cheap too, maybe $50.00 for a few minutes of his time. I wouldn't go talking to an officer, not because I think he may try to trip you up but because he might not know for sure and might give you bad info. Just because some guy's in law enforcement doesn't mean he knows exactly what a certain law says in your state. But when you pay an attorney and he gives you bad advise that's malpractice and that has some very bad consequences for the attorney. Good luck.
 
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"Ginuwine1969"It is illegal to put any type of sound suppression system on a fire arm in all 50 states for citizens. It is legal to put moderators and LDC on all Airguns in the state that also suppress sound, so I would gather Airguns are not fire arms. It also sounds like you have done your homework. That's my $0.02.
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Its not illegal to suppressor firearms if you can legally own firearms you can legally suppress them. You simply fill out the required paperwork and pay the fee. Some states label airguns as firearms and regulate them accordingly. So my guess would be if the state he resides in regulates airguns as firearms he may be breaking the states law by being a felon in possession of a firearm. But like Neil said I am not an attorney so it would be best to contact one in SC and ask them if you would be breaking any local/state laws by owning an airgun as a convicted felon.
 
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Firearms are under the jurisdiction of the DOJ and have very specific definition. Air guns are not firearms and the DOJ has no authority over them. Also for hunting you could consider vertical/cross bow too for large game.

Here in Commifornia lead projectiles/bullets for firearms are being band state wide for hunting. This is being phased in over the course of the next few years. But since air guns are not firearms it is okay to use lead projectile. Bad thing is that airguns are only allowed for small game. So you can either buy non-leaded firearm ammo or use something else. This is why I got a crossbow this past year. Sure I lose range with a bow and also air gun but makes the hunt funner and love the quite nature of both.
 
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"DaBinChe"Firearms are under the jurisdiction of the DOJ and have very specific definition. Air guns are not firearms and the DOJ has no authority over them. Also for hunting you could consider vertical/cross bow too for large game.

Here in Commifornia lead projectiles/bullets for firearms are being band state wide for hunting. This is being phased in over the course of the next few years. But since air guns are not firearms it is okay to use lead projectile. Bad thing is that airguns are only allowed for small game. So you can either buy non-leaded firearm ammo or use something else. This is why I got a crossbow this past year. Sure I lose range with a bow and also air gun but makes the hunt funner and love the quite nature of both.
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You mean Alphabet org not DOJ. 
 
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Here are some airgun facts:

North Dakota defines air guns as dangerous weapons. Therefore, any law in the Criminal or Weapons sections of the North Dakota Century Code that refer to dangerous weapons also includes air pistols and air rifles.
So I would imagine a felon in ND would be breaking the law by owning an Airgun.


Rhode Island law says that all air guns are classed as firearms. This ensures that felons that can’t have firearms also can’t have air pistols or air rifles.
Like SD a felon in Rhode Island cannot legally own an airgun.


New Jersey, the law reads that all air pistols and air rifles are considered as firearms. This means they follow all restrictions and regulations of firearms. In order to buy an airgun, a person must obtain a permit to buy the weapon.
Like ND and RI a felon cannot legally own an airgun in NJ because they are classed as firearms.


Just because the BATF does not regulate airguns does not mean states do not regulate them and class them as firearms. There are several other states with strict airgun laws that I didnt list. I didnt see anything for SC but as already stated the best thing to do is contact a local attorney that handles these types of cases to get the full answer.
 
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I would 2nd what LDP stated and hire an attorney to research this for you. You need to know the law and have it in writing. Even when you know the law, it doesn't mean the people enforcing the law know it. I would recommend to always have documentation on you when you are shooting to prevent any conflict. If you ever are checked by law enforcement you simply pull out the documentation stating your rights. This could prevent any misunderstanding. 
Best of luck,

Doc
 
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Jacklegs you made a mistake in your youth that you do not have to have follow you through the rest of your life. You unfortunately got taken advantage of by our Justice system this happens all the time because people do not understand the law or understand their rights. If you had a good lawyer you probably would have paid for what you had done but I doubt it would have been that bad. In the United States we have the right to remain silent , and anything we say can and will be used against us. Notice it doesn't say anything about helping you out of the problem. Now onto the other issue. Hire a lawyer that understands getting your rights restored, It will probably cost you what that new airgun and scope set up will but you will have all the nonsense in your past behind you. If you are telling the truth and have not had any other problems with the law you should have no problem having this set aside or expunged depends on the State you live in. If you have any questions PM me.
Good Luck
Also some states will consider an airgun a firearm when dealing with a prohibited possessor. So a person without a felony conviction it is just an airgun unless some other law like shooting it in city limits it may be considered a firearm. But someone with a felony could be found in possession of a firearm if they have one.
 
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Hey guys, thank y'all for all of your replies and advice. I appreciate your help.

As I read SC' SLED website link to the state laws regarding firearms and the various violations, there is only one mention of airguns or air rifles or pellets and it pertains to possession or discharging in various state parks and certain public places. The state laws definition of a firearm as pertains to the weapons section says just this...

SECTION 16-23-405. Definition of "weapon"; confiscation and disposition of weapons used in commission or in furtherance of crime.

(A) Except for the provisions relating to rifles and shotguns in Section 16-23-460, as used in this chapter, "weapon" means firearm (rifle, shotgun, pistol, or similar device that propels a projectile through the energy of an explosive), a blackjack, a metal pipe or pole, or any other type of device, or object which may be used to inflict bodily injury or death.

Based on that last part, a pellet rifle could definitely be considered an object which may be used to inflict bodily injury, but by the definition of the law, a pellet rifle would just be considered a weapon, not a firearm, which has its own clear definition. The reason I point this out is because of this next part.

The state law that pertains to felons possessing firearms, not WEAPONS, reads like this...

SECTION 16-23-500. Unlawful possession of a firearm by a person convicted of violent offense; confiscation.

(A) It is unlawful for a person who has been convicted of a violent crime, as defined by Section 16-1-60, that is classified as a felony offense, to possess a firearm or ammunition within this State.

It goes on to state how they'll confiscate and do whatever they want to with the weapon...yada yada yadda.

I did my crime at night. By definition of the law and because I didn't know better and had the awesome representation of a public defender, when I plead guilty, my crime was considered violent in the eyes of the law. Burglary of any building at night in SC is violent, no matter if it's an outhouse. Had I known then what I know now, I would have used the fact that I was going to plead guilty to plead down to a lesser charge of say, entering a business without permission or breaking and entering or whatever the lesser charge would have been.

Still the law reads that I can't possess a firearm, and firearms definition clearly doesn't include air guns. At least until one of these scum bag politicians changes the law.

Irregardless, I think it best to consult a local solicitor's office in my town like you guys suggested and probably a lawyer and work it out before i go dropping thousands on a new bullpup, scope, rings, and a carbon fiber fill tank. Definitely gonna have to get something in writing too. Else I run the risk of the law confiscating my new $3000 setup. You know how that'll work. I'll never get it back. Even if they dropped the BS charges they'll produce, they'd still wind up with the gun. I can't risk that...

I appreciate all you guys advice. I'll keep you informed and I'll start a new thread with specific questions about guns and scopes.
 
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I'm a retired police officer and I feel for you. Lots of people make worse decisions than you did and suffer less. 

Anyway, I would contact the NRA to see what they have to say. You don't have to be a firearm owner to be a member. I'll bet they would be more help than an attorney who is just going to tell you what you want to hear, charge you a bunch and use an "affirmative defense" if you are charged. 

Sorry if if I offended any attorneys in the audience. Just my opinion. 
 
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There is some good advice here from some kind and well meaning people. To be certain of your status, I recommend you contact an attorney first, then with his recommendation, a state prosecutor or some state level attorney and try to get your status in writing. As they say, ignorance is no excuse. You may innocently acquire an airgun, but some yahoo cop or such can make life difficult for you. Be safe and do your homework. God's blessings on you.

BTW, I recommend the Cricket.
 
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