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?
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?
If either of my ex wives were two time felons I wouldn't answer if/when they called.
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.
She's just asking the question and He's not seen her in possession, yet, so it's just hearsay. Does he know the firearms aren't stolen? That could get ugly at the Pawn shop even if she's not trying to set him up.
Legal question. - - - . 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?
Not a LEO, lawyer or judge - but a guy knowing that someone is a felon is a guy knowing nothing more the legal authorities already know. Nothing important there.
Nor does he know for certain that she actually has firearms in her possession - nor does he know for certain that the "proposal" will result in a bona fide action.
An unlearned view is that he has no liability if he does not report something he does not know. Some "expert" may step up and clobber that - it's OK if so.
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?
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.
She is an ex-wife? If there are minor kids still involved, get the cops involved, have her ass locked up, and get custody of the kids. If no kids involved? Tell her to piss up a rope, get a restraining order, and change numbers.
Seeing as she is a felon and can not legally purchase firearms I would be concerned they are stolen. If he did pawn them it is him who will be getting arrested over the stolen firearms. He needs to tell her hell no and he should tell the cops. Tell him to get the phugk up out of his life, before she phugks up his life!
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?
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.
She is an ex-wife? If there are minor kids still involved, get the cops involved, have her ass locked up, and get custody of the kids. If no kids involved? Tell her to piss up a rope, get a restraining order, and change numbers.
My thoughts. I am working hard to get him to turn her in. There are kids but she has no parental rights, he has full custody. Her felonies were for child abuse.
Let me preface the following with a comment; If, and only if, he KNEW she was in possession of the firearms, would he be liable;
18 U.S. Code § 4 - Misprision of felony 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. (June 25, 1948, ch. 645, 62 Stat. 684; Pub. L. 103–322, title XXXIII, § 330016(1)(G), Sept. 13, 1994, 108 Stat. 2147.)
Given her legal status, I'm betting they are stolen. Again, if, and only if, he wanted to get her out of his life, he could notify the local LE agency where she is of what she is asking and leave the ball in their court. To really scorch her ass, call it into the BATFE office where she lives.
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.
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.
...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.
...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."
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.
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.
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.
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!
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?
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?
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.
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.
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?
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.
She is an ex-wife? If there are minor kids still involved, get the cops involved, have her ass locked up, and get custody of the kids. If no kids involved? Tell her to piss up a rope, get a restraining order, and change numbers.
My thoughts. I am working hard to get him to turn her in. There are kids but she has no parental rights, he has full custody. Her felonies were for child abuse.
You should be minding your own business and he should stay out of it too "EX" means ex. It doesn't mean be an ass.
I told my friend to call the police. He told his ex what I said and she freaked. I am sure the guns are no longer at her house. Were it me I would have called the police and asked for a plain cloths to go with me to appraise the guns. If they would not go I would have called BATFE.
There are several reasons. First we legal firearm owners face a hard road fighting against both politicians and criminals. I want to see firearm crimes punished.
You should be minding your own business and he should stay out of it too "EX" means ex. It doesn't mean be an ass.
So you think criminals with what are most likely stolen firearms should not be punished for breaking federal laws or do you think only law abiding citizens should be held to the law?
The woman is a druggy and a two time felon living on welfare. there is no way she could get her hands on a firearm unless she stole it.
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.
You should be minding your own business and he should stay out of it too "EX" means ex. It doesn't mean be an ass.
So you think criminals with what are most likely stolen firearms should not be punished for breaking federal laws or do you think only law abiding citizens should be held to the law?
The woman is a druggy and a two time felon living on welfare. there is no way she could get her hands on a firearm unless she stole it.
If she didn't steal it herself, it sounds like she could be acting as a go-between for/with the thief who did.
The unfortunate thing here is, if it actually is stolen, not only will whoever it was that stole the firearm getting away with it to likely continue stealing, but also the rightfully legal owner is loosing a chance to get their property back again.
You should be minding your own business and he should stay out of it too "EX" means ex. It doesn't mean be an ass.
So you think criminals with what are most likely stolen firearms should not be punished for breaking federal laws or do you think only law abiding citizens should be held to the law?
The woman is a druggy and a two time felon living on welfare. there is no way she could get her hands on a firearm unless she stole it.
If she didn't actually steal it herself, sounds like she could be acting as a go-between for/with the thief who did.
The unfortunate thing here is, not only will whoever it was that stole the firearm getting away with it to likely continue stealing, but also the rightfully legal owner is loosing a chance to get their property back again.
My feelings exactly. I tried my best but it all went down a long way from my home and nothing I can do about it.
You should be minding your own business and he should stay out of it too "EX" means ex. It doesn't mean be an ass.
So you think criminals with what are most likely stolen firearms should not be punished for breaking federal laws or do you think only law abiding citizens should be held to the law?
The woman is a druggy and a two time felon living on welfare. there is no way she could get her hands on a firearm unless she stole it.
If she didn't actually steal it herself, sounds like she could be acting as a go-between for/with the thief who did.
The unfortunate thing here is, not only will whoever it was that stole the firearm getting away with it to likely continue stealing, but also the rightfully legal owner is loosing a chance to get their property back again.
My feelings exactly. I tried my best but it all went down a long way from my home and nothing I can do about it.
So often we talk on here about how much we despise thieves, and the personal property, especially things that are irreplaceable family heirlooms with great sentimental value some have had stolen, it's just sad to hear of the original owner loosing chance to maybe get their property back.
You should be minding your own business and he should stay out of it too "EX" means ex. It doesn't mean be an ass.
So you think criminals with what are most likely stolen firearms should not be punished for breaking federal laws or do you think only law abiding citizens should be held to the law?
The woman is a druggy and a two time felon living on welfare. there is no way she could get her hands on a firearm unless she stole it.
I think exactly what I said.
You should mind your own business and stay out of other people's lives.
You have nothing to go on but hearsay and speculation, and it doesn't have anything to do with you at all.
There are lots of ways a person can get a gun without stealing it, so you've shown you are clearly not smart enough to be attempting to judge others.
Some interesting stuff written in above posts. Had I been asked, probably would have said - "Have nothing to do with this person, don't go near her or her issues, and don't even think about acting or reporting on anything about her that you don't KNOW for certain.
I told my friend to call the police. He told his ex what I said and she freaked. I am sure the guns are no longer at her house. Were it me I would have called the police and asked for a plain cloths to go with me to appraise the guns. If they would not go I would have called BATFE.
There are several reasons. First we legal firearm owners face a hard road fighting against both politicians and criminals. I want to see firearm crimes punished.
Second, she is a pure bitch.
My money is on the firearms being stolen and she is trying to set him up.
