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Joined: Dec 2000
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Campfire 'Bwana
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OP
Campfire 'Bwana
Joined: Dec 2000
Posts: 39,301 |
Thanks. I am trying to convince him to go to the police.
The first time I shot myself in the head...
Meniere's Sucks Big Time!!!
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Campfire Outfitter
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Campfire Outfitter
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Is he fuggin' stupid? If he knows she is a felon and barred from possession, the moment he enters into her presence with the intent declared or implied to take possession he is at risk. If he takes possession, he's f'ked. Hopefully, not as stupid as you. Enters into her presence, is at risk? Of what? The only prohibited person is the one with the felony. A non-prohibited person can be around a PP with a firearm, but the only one with a problem is the PP, ex., having a felon spouse. The non-felon spouse can still have firearms. Takes possession, he's f'ked? Nope, he's only f'ked if he believes any legal advice you might give. More you post this stupid shat, the more likely it appears that TRH actually knows more about the law, then you. Re: the OP, no he is not required to report anything. 18/USC/4 is only violated if he actively conceals the crime (her possession), not if he just fails to report it.
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Joined: Oct 2005
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Campfire Oracle
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Campfire Oracle
Joined: Oct 2005
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Say a man gets a call from an ex wife I'm no lawyer, but #1, you don't answer the phone. Nothing good ever comes from a telephone call from an ex wife.
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Joined: Nov 2010
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Campfire 'Bwana
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Campfire 'Bwana
Joined: Nov 2010
Posts: 37,146 Likes: 1 |
If he's squeamish about going to the law, surely he has an attorney who handled the custody.
Call the attorney and give the attorney the details.
Do what the attorney says.
IMO,
DF
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Joined: Aug 2003
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Campfire Ranger
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Campfire Ranger
Joined: Aug 2003
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...Re: the OP, no he is not required to report anything. 18/USC/4 is only violated if he actively conceals the crime (her possession), not if he just fails to report it. Perhaps you should re-read 18/USC/4. What you describe would be acting as an accessory. 18/USC/4 only requires the non-reporting. BTW, I have gotten convictions on 18/USC/4, so I have a little first-hand knowledge of the elements of the offense. Ed
"Not in an open forum, where truth has less value than opinions, where all opinions are equally welcome regardless of their origins, rationale, inanity, or truth, where opinions are neither of equal value nor decisive." Ken Howell
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Joined: Oct 2009
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Campfire Outfitter
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Campfire Outfitter
Joined: Oct 2009
Posts: 12,572 Likes: 8 |
...Re: the OP, no he is not required to report anything. 18/USC/4 is only violated if he actively conceals the crime (her possession), not if he just fails to report it. Perhaps you should re-read 18/USC/4. What you describe would be acting as an accessory. 18/USC/4 only requires the non-reporting. BTW, I have gotten convictions on 18/USC/4, so I have a little first-hand knowledge of the elements of the offense. Ed Apparently not. "Misprision of felony" is still an offense under United States federal law after being codified in 1909 under 18 U.S.C. § 4: Whoever, having knowledge of the actual commission of a felony cognizable by a court of the United States, conceals and does not as soon as possible make known the same to some judge or other person in civil or military authority under the United States, shall be fined under this title or imprisoned not more than three years, or both. This offense, however, requires active concealment of a known felony rather than merely failing to report it.[7] See United States v. Johnson, 546 F.2d 1225 (5th Cir. 1977) at 1227 ("The mere failure to report a felony is not sufficient to constitute a violation of 18 U.S.C.A. § 4."
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Campfire Kahuna
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Campfire Kahuna
Joined: Jan 2006
Posts: 69,401 Likes: 5 |
If a guy was crooked, he could just pickup the gun and keep it. It's not likely she'd report it to the police. However, he'd best remember that she still has the 9mm and his address.
“In a time of deceit telling the truth is a revolutionary act.”
― George Orwell
It's not over when you lose. It's over when you quit.
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Campfire Ranger
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Campfire Ranger
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If Scott could just mind his own business, none of y'all would have been tempted to NOT mind your own business.
"Avoid then, the deliberate manufacture of drama" (curdog's rule no. 4)
Never holler whoa or look back in a tight place
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Campfire Outfitter
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Campfire Outfitter
Joined: Oct 2009
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This bout covers it:
Under the federal statute, the prosecution must prove the following elements to obtain a misprision of felony conviction:
(1) another person actually committed a felony;
(2) the defendant knew that the felony was committed;
(3) the defendant did not notify any law enforcement or judicial officer; and
(4) the defendant took affirmative steps to conceal the felony. Precisely what constitutes active concealment is a Question of Fact that depends on the circumstances of the case. Lying to a police officer satisfies the requirement, but beyond that generally accepted rule, little is certain about the definition of active concealment.
Almost every state has rejected the crime of misprision of felony. Thus, persons are under no duty to report a crime.
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Joined: Dec 2000
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Campfire 'Bwana
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OP
Campfire 'Bwana
Joined: Dec 2000
Posts: 39,301 |
If Scott could just mind his own business, none of y'all would have been tempted to NOT mind your own business.
"Avoid then, the deliberate manufacture of drama" (curdog's rule no. 4) He called me and asked me what he should do. I said report her. I asked here because I did not know if not reporting a known felon in possession of a firearm was a crime.
The first time I shot myself in the head...
Meniere's Sucks Big Time!!!
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Campfire Regular
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Campfire Regular
Joined: Jan 2005
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Based on my limited research (a few minutes googling), I agree with APDDSN0864 above.
However, most importantly, I think this guy would be dumb to accept as gospel any advice on an internet forum. I five minute conversation with an actual attorney in said jurisdiction would be money well spent.
None of us are lawyers, and if we were, none of us would give sound legal advice on a forum in this manner. Probably the best advise on this tread. Personally I wouldn't go near those guns. Whole thing just smells wrong as in being set up!
Last edited by chris112; 02/06/17.
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Campfire Outfitter
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Campfire Outfitter
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Posts: 8,573 |
Yes a set up. Ex- Wife has lost custody of the kids, now she's trying to get him to lose custody also.
Last edited by websterparish47; 02/07/17.
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Campfire Ranger
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Campfire Ranger
Joined: Jun 2007
Posts: 29,786 |
If either of my ex wives were two time felons I wouldn't answer if/when they called.
He didn't, in fact he has her on call blocking. She lives in the same town and came to him. Both felonies were for child abuse and it was bad enough she served time for both and had to give up all parental rights. She is also a pain med addict. Just a question Scott...do you think it is even remotely possible you could paint your friend as a bigger moron? Police...now...cover arse in case of set-up. Sheesh.
These are my opinions, feel free to disagree.
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Campfire Kahuna
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Campfire Kahuna
Joined: Jan 2001
Posts: 59,167 Likes: 2 |
Legal question. Say a man gets a call from an ex wife saying she has a 9nn handgun and a 20 gauge shotgun and she wants him to take the the shotgun to a pawn shop and pawn it for her. Lets say the ex wife is a two time felon. Say the guy knows he wants nothing to do with any of this. The question is since he knows she is a two time felon does he have any liability under the law if he does not report this to LEO? FWIW, if it's the "ex-wife", I'd make the call... 
Ex- USN (SS) '66-'69
Pro-Constitution.
LET'S GO BRANDON!!!
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Campfire Ranger
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Campfire Ranger
Joined: Nov 2002
Posts: 21,781 Likes: 2 |
If he's squeamish about going to the law, surely he has an attorney who handled the custody.
Call the attorney and give the attorney the details.
Do what the attorney says.
IMO,
DF Winner winner chicken dinner
"The Church can and should help modern society by tirelessly insisting that the work of women in the home be recognized and respected by all in its irreplaceable value." Apostolic Exhortation On The Family, Pope John Paul II
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Joined: Dec 2000
Posts: 39,301
Campfire 'Bwana
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OP
Campfire 'Bwana
Joined: Dec 2000
Posts: 39,301 |
The problem has been solved. Thanks guys.
The first time I shot myself in the head...
Meniere's Sucks Big Time!!!
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Joined: Aug 2003
Posts: 19,822
Campfire Ranger
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Campfire Ranger
Joined: Aug 2003
Posts: 19,822 |
This bout covers it:
Under the federal statute, the prosecution must prove the following elements to obtain a misprision of felony conviction:
(1) another person actually committed a felony;
(2) the defendant knew that the felony was committed;
(3) the defendant did not notify any law enforcement or judicial officer; and
(4) the defendant took affirmative steps to conceal the felony. Precisely what constitutes active concealment is a Question of Fact that depends on the circumstances of the case. Lying to a police officer satisfies the requirement, but beyond that generally accepted rule, little is certain about the definition of active concealment.
Almost every state has rejected the crime of misprision of felony. Thus, persons are under no duty to report a crime.
This would explain the convictions in my Cartel money laundering cases. Thanks for posting that. Ed
"Not in an open forum, where truth has less value than opinions, where all opinions are equally welcome regardless of their origins, rationale, inanity, or truth, where opinions are neither of equal value nor decisive." Ken Howell
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Joined: Oct 2009
Posts: 12,572 Likes: 8
Campfire Outfitter
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Campfire Outfitter
Joined: Oct 2009
Posts: 12,572 Likes: 8 |
Yes, it appears that you have to be guilty of what would be aiding and abetting in order to get hit with misprision.
I was tryin to reconcile the 5th amendment (you can STFU) with this crime (can't STFU). I couldn't see where the supremes had said anything about it, least usin google.
Sorry about the convictions. If they're old, maybe you can geet em expunged, or try for a pardon.
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Campfire Outfitter
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Campfire Outfitter
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The problem has been solved. Thanks guys. How?
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Campfire Tracker
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Campfire Tracker
Joined: Aug 2014
Posts: 5,027 Likes: 2 |
After all the grief my ex wife has caused me. I would love to have an opportunity to send her to prison.
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