Interstate criminal records

[reyn562]

What is the name of your state? FL, SC

Question: If you were convicted of a felony in one state, and the crimes for which you are convicted are not felonies in another state, how does the more lenient state handle you? Are you considered a convicted felon in the new state as well (this question assumes the "felon" has no criminal records in the non-felony state, nor has been convicted of a crime that is a felony in both states)?

 

[reyn562]

Isn't anyone going to post a reply here?

I've had this question up for about TWO months and it still hasn't been answered. Anyone available?

 

[rlrl]

Do you mean??

Do you mean as far as having 'priors" on your record for sentencing? NY has guidelines for this but not sure where you can find out about them in the states you mention. I recalled NY had this big schedule where they took into consideration the number of misdemeanors vs felonies on ones record and what the sentences would be in each case. Try searching the topic "sentencing guidelines in georgia and sc".

 

[Zephyr]

if you were convicted of a felony, then you have a felony record, period. the new state does not look at it and say "well it was a felony in that state but not in ours, so sure sell him the gun"

 

[reyn562]

Outcome: felony in one state, not the other

It is TRUE that federal laws prohibit the purchasing, selling, possession, shipment, or transporting guns (firearms) by ANYONE convicted of a felony in ANY state, even if the crimes for which convicted are not felonies in another state: a felony is a felony, regardless, as far as the federal Government is concerned, and anyone convicted cannot carry a gun: period.

However, what about other civil rights, especially if the crime committed in one state is not a felony in another?

Answer: the person is entitled to all civil rights within the other state (non-felony), except to own or deal with firearms. The person may vote, hold public office, even get Government jobs within that state-- even if the original states bar such civil rights (only 14 states bar automatic restoration of civil rights).

 

[reyn562]

Owning versus purchasing a gun

In certain states, such as South Carolina, some felons are allowed to own a gun, believe it or not! If the felon is only convicted of fraudulent acts and no violent acts he may own a gun after he finishes his prison sentence and/or probation. Furthermore, if he is not a convicted felon in South Carolina but is one in Florida, he is legally entitled to own a gun.

Now, purchasing a gun is a different story: gun purchases are governed by federal law, which states that anyone convicted of any crime that is punishable by more than one year in jail, except for special misdemeanors that are punishable by up to two years in jail, may not purchase a gun from unauthorized gun dealer, who is licensed by the federal Bureau of alcohol, Tobacco, Firearms, and Explosives (BATFE). To overcome this barrier, straw purchases can be made. While straw purchases are frowned upon, they are illegal only if the recipient of the gun is not legally entitled to own one.

Feel free to correct me if I'm mistaken: if you are a South Carolina attorney, please let me know if I'm mistaken and there are any corrections.