Expert: Dan Haynes - 6/12/2008

Question
QUESTION: is a person who was convicted in fed. ct. and whose case is on appeal guilty of a felon in possession of a firearm if the gun was in his spouses separate bedroom in a closet and at the time of the felons original arraignment the magistrate gave the spouse permission to keep the gun with the prosecutors agreement and then when the case was appealed he federal district judge continued the defendant on bond under the same conditions as the magistrate set?

ANSWER: Laurence,

Let me see if I can fully understand this: A person who was convicted of felony firearm possession lived with his spouse who had the firearm in the bedroom closet. His case in on appeal. But now the Federal District court judge says he is still a felon in possession?

If this is not correct, please write me again clarifying the questions.

Dan


---------- FOLLOW-UP ----------

QUESTION: The follow up is this:  The D. was convicted for wire fraud, he was released on his own recog. by the magistrate who gave his wife permission to keep a gun in the house so long as the D. did not possess or carry same.  After the trial at which the D. was convicted he filed a notice of appeal.  The Fed. Dist. Ct. Judge continued the D. on bond on the same conditions as the mag. did before the trial. The pretrial officer came to inspect the D.'s house.  He asked the D. did he have any  guns in the house and the D. answered truthfully and told the officer of the Mag.'s permission.  The record was checked and indeed the D. was given permission to have the gun in the house for his wife.  Is the D. guilty of poss. of a weapon after being a convicted felon, or is he even a felon since the rendition of sentence has been held in abeyance pending appeal?

Answer
Ok,

If the record was checked and he had permission, then D. is in the clear as per the Magistrate orders.

As far as being cleared of the felony, I would say to wait until hs appeal is ruled on to be sure.

If this does not answer your questions, then I would suggest contacting legal help.