Відео

If the revolver is pre 1899 and use cartridges rim fire or centerfire is the revolver still legal for a felon? Thanks

@hilarioc123 only if the revolver was actually made before 1899. The reproduction antiques made later than 1899, have to be cap and ball only to be legal for felons. If they can use conventional ammunition they are not legal for felons.

@@Rusterman-is7ex thanks

The short answer is it is up to the judge. The longer answer is that it depends if it is a federal or state crime. If it is a federal crime, then look at 18 usc 3564(c). If it is a Texas state crime, then look at Texas Code of Criminal Procedure Art.42A. The state probation will depend on if it is deferred or straight probation. I recommend you speak to a lawyer in the city or county your case is pending in to review your case and advise you based on the specific facts of your case.

@@cortezdefense okay, I’m on probation and I’m ready to start a new chapter . I’ve been successfully doing my probation for a year and half . I want to move with My grandma to start taking care of eachother . Plan is to go to work with animals. I’m unsure if I have 5 years probation or 3 for smuggling illegal aliens. I did 6 months in California . Either way , I know I will be proud of myself , I already am starting to. I learned my lesson. Peace of mind is so precious , nothing is worth jeopardizing it!!!

@@xoxoxoxoxiiby any chance were you a first time offender ? and did you bonded out and still serve time when sentencing came around ? And did you have any prior criminal history? I’m just asking because I’m in a similar situation right now & I’m out on bond right now & this is my first offense with no criminal history.

@ did 6 months , 2 years probation

@ I had no history like u

Hello @dylandelao-ih7ts. My law practice is only in Texas and not in California. However, I am hearing similar stories from people in Texas. Not sure why Homeland Security and Border Patrol are not making the arrests if they have probable cause that a smuggling crime is happening. But my guess is this is likely a political decision by the powers that be. I recommend you do a background check in 30 days to see if this encounter shows up on your record. If it doesn't, then count your blessings.

​@@cortezdefense is border patrol suppose to give u a paper after they release you samr scenario happen too me

Judges can use the 3553a factors to give a jail term that is above or below the suggested guideline range. These are called upward or downward variances. Normally this means that if you are arguing for a major downward variance, then you need a really great reason. For example, you served in the military, were awarded medals for valor, or you helped save your fellow service members from harm. Or you lived an extraordinary life that helped mankind. There are too many reasons to list because every person's circumstances are unique. The point is that if you want to "potentially reduce years" off of your guideline range, then you need to have a really good reason or reasons. You can also use the guideline policy statements to ask for a jail term lower than your guideline range. These are called departures. Below is a link that describes what variances and departures are, how they work, and what you should know about them. The article may get a bit technical, but it also will give you a solid overview of the issues. www.ussc.gov/sites/default/files/pdf/training/primers/2023_Primer_Departure_Variance.pdf

thank you for that@@cortezdefense one last questions, in what instances might a defense attorney arrange for the defendant to go through a psych eval with a forensic psychologist, if you're able to say.

I am not able to answer that question. It's too vague and the conversation would likely cover personal or sensitive areas. I recommend you speak with your attorney about that to figure out the issues or problems you want to address. From there, they can develop a game plan on how to proceed. Good luck.

If a judge or jury finds you guilty of alien smuggling (8 USC 1324), then you may be deported. For those reasons, you should consult with an immigration lawyer before you decide to take plea deal. The Supreme Court addressed this issue in Padilla v. Kentucky. That case requires defense counsel to advise a defendant of the immigration consequences of a plea deal. And in some cases, the Court noted--going to trial even if there is overwhelming evidence of guilt--may be a sound trial strategy in the hopes of keeping your green card. Bottom line--speak to an immigration lawyer before you make a decision on whether to take a deal or fight your case. As the immigration lawyer to conduct a Padilla review. This will help you weigh your options.

This fact pattern is so rare, that I have not dealt with it. Not sure the answer to this one. But take a look at this link. It may answer your question: faq.sll.texas.gov/questions/42811

I had a felony conviction in 1996. In 2013, I dug through my case records and found that the way my probation was terminated actually qualified me for clemency. I went to a store, tried to buy a gun, and was denied. I filed an appeal and submitted my documents and my appeal was successful. I now am able to buy guns andI hold a LTC.

I am not sure I followed your question.

The Supreme Court is taking a new look at 2nd Amendment cases. It will decide US v. Rahimi next term. The opinion in that case may help answer your question. Sorry I can't give you a better response. www.scotusblog.com/case-files/cases/united-states-v-rahimi/

Exactly. It was found that gun possession is not an economic activity that has any bearing on interstate commerce

@@matthewviramontes3131 Yep. The federal government literally has to lie to obtain jurisdiction over a man.

Unfortunately, 922g bans felons for life from possessing a firearm. However, the Supreme Court is revisiting its 2nd Amendment case law. They will decide a case in this upcoming term that will help answer your question. The opinion should come out sometime next year. Keep an eye out for it. (The case is United States vs Rahimi--it will be a big case when it drops.)

@@cortezdefense Ok, noted.....and again, thank you very much for the response!

I am not sure what the Bullock case is. But the Supreme Court's opinion last year in NY State Rifle and Pistol Association vs Bruen changed how lower courts analyze 2nd Amendment rights. According to the Wall Street Journal, the Bruen case is creating chaos. Specifically many lower courts are struggling to figure out how to apply Bruen. See the article below. www.wsj.com/articles/why-the-nations-gun-laws-are-in-chaos-587ded3f?st=umanj3n1frmkxsp&reflink=desktopwebshare_permalink On top of that, the 5th Circuit ruled earlier this year that 18 USC 922g8 violated the 2nd amendment rights of a person who possessed a gun while subject to a domestic-violence restraining order. See USA v. Rahimi, 61 F.4th 443. However, the Supreme Court will review this case in its next term. See case number 22-915. (United States vs. Rahimi.). We should get an answer sometime next year on how the Court will apply the Bruen analysis going forward. And more importantly, we may learn if 18 USC 922g crimes are constitutional. See the question presented to the Supreme Court below: www.supremecourt.gov/qp/22-00915qp.pdf

This happens all the time. Two people can be charged for possession of one thing such as drugs or a gun. It happens often during trafic stops or searches of homes or apartments. The key facts to a possession case--whether it is actual or constructive possession--are knowledge and control. Did the person know about the gun or drugs? And did he have control over the contraband. If the answer to both questions is yes, then the person is in possession of the gun or drugs.

I hear you. The long-term consequences of a felony conviction are harsh. Especially for gun owners. But they can also affect other rights. This includes voting rights, immigration status, and eligibility for federal benefits. This means if you are charged with a crime, then you should consider not only the possible jail time but also the collateral consequences of a conviction on your record before you plead out. In some cases, it may be worth going to trial in the hopes of preserving your other rights. Thank you for sharing this story. I hope it helps others who may be in your situation.

Good morning. Chapter 48 of the Texas Code of Criminal Procedure provides options to get your rights back. But they are both uphill fights. The first is a pardon from the Governor. The second is to apply to have your rights restored. I am including a link below to the law. statutes.capitol.texas.gov/Docs/CR/htm/CR.48.htm#48.01

@@cortezdefense Good morning Sir, thank you for the reply. I heard about the pardon but was unaware of the second option. Thank you for the information.

@@cortezdefense I have a follow up question for you. Do you think 3rd circuit Supreme Court's decision in the Range case will have an effect on states decision to grant the restoration of civil right to former felons?

@@letsgobrandon5334 I was not familiar with the Range case until you mentioned it. For anyone curious about this case, the cite is Range v. AG United States, 69 F.4th 96. In that case, Bryan Range plead guilty to one count of making a false statement to obtain food stamps. This happened in 1995 in Lancaster County, PA. This charge was a misdemeanor, but it triggered a 922g1 gun ban because it technically carried a punishment range of up to 2 years in jail. As a result, Range could not buy a firearm. He sued under the new Supreme Court gun case arguing that 922g1 violated his Second Amendment right to keep and bear arms. See Bruen, 142 S.Ct. 2111 (2022). The Third Circuit agreed with Range. The analysis gets technical, but the bottom line is that the Third Circuit found that Range's type of prior conviction did not bar him from possession a firearm. In other words, the Second Amendment still protected people in Range's situation. I don't know what this means going forward. The Supreme Court is going to hear United States vs. Rahimi in its next term. It should provide more context on the Second Amendment. But the facts in Rahimi are horrible. In Rahimi, the defendant Zachey Rahimi was involved in 5 shootings. He also had a protective order against his girlfriend. Police later charged him with a 922g8 crime. That is, Rahimi possessed a gun while under a domestic violence restraining order. The Fifth Circuit said--under Bruen--the 922g statute is unconstitutional. Again, these are horrible facts. So I don't know what all this means. But you should track this case to help answer your question about restoration of gun rights. It may answer some of your questions.

Glad your case worked. I am assuming your case is federal because this video is on federal sentencing guidelines. In federal court, you cannot expunge--or erase--your criminal record. However, if your case is a state crime, then you cannot expunge your record either--but you may be able to have it sealed by filing a petition for non-disclosure. However, I do not handle expunctions or nondisclosures. I recommend you speak to an attorney that handles these types of cases if you have a state charge. Thanks for the feedback.

@@cortezdefense federal 😕,Thank You, though...informative channel....

The U.S. Supreme Court decides what laws infringe on the 2nd Amendment. More importantly, right now the Court is changing its prior positions on gun laws in America. It started with the Bruen case last year. See the opinion below. www.supremecourt.gov/opinions/21pdf/20-843_7j80.pdf This case changed how trial and appellate courts analyze gun rights. It has already had a significant impact on other cases. For example, the 5th circuit reversed a 922g(8) gun conviction based on the Bruen case earlier this year. In that 5th Circuit case, the defendant Zachey Rahimi assaulted his girlfriend in a parking lot and dragged her back to the car. He later told her that he would shoot her if she told anyone about the assault. Because of this, a state judge issued a protective order against Rahimi that banned him from possessing a gun. A few months later, police searched Rahimi's home because they suspected he was involved in several shootings. They found a gun, a rifle, and bullets. As a result, the feds charged him with a 922g(8) crime, i.e., possessing a gun while subject to a protective order. The Fifth Circuit reversed based on the Bruen case. However, the Supreme Court granted cert. www.supremecourt.gov/qp/22-00915qp.pdf This means they will review the case and see if the conviction should be reinstated or not. Based on these facts, it's going to be a tough case for Rahimi to win. His conduct is to the extreme. Nevertheless, the Supreme Court should give us more insight on how to look at gun cases to see if they infringe on the 2nd Amendment. For more information, check out the scotus blog post below. www.scotusblog.com/2023/06/justices-take-up-major-second-amendment-dispute/

Gov./ political manipulation aside... bad boys need to be humbled... NOT ROCKET SCIENCE

When u sign that contract giving up your 2A right and 4A right. STOP signing these contracts

Because they don't believe what it says in the first place and don't mind being criminals if they can make it law. If any law violates the constitution then it is null and void.

The problem is, these gun cases are brought by straight up dirt bags who are filing bullshit challenges and getting denied. This sets precedent that is NOT in our favor.

Yes.

You can possess a firearm and purchase you never lost your 2nd amendment rights deferred adjudication is not a guilty conviction if you complete it, you were never convicted for it once you do your probation time the case is dropped or disposed look this up

When you sign for deferred adjudication you waive your right to trial and technically it’s like being guilty but if you completed the probation then you are not a prohibited person.

Thank you for the feedback. Glad the info is helpful.

@evilrobots problem is is that cap and ball revolvers are felon friendly and legal at the federal level, but there are only TEN states that specifically allow prohibited people to have blackpowder firearms. So if you live in let's say California, this state does NOT allow felons to own blackpowder guns at all. So if you choose to have one and if you get caught with it, you will face the felon with a firearm charge in that state. There's only ten states that felons can own them. I don't know whitch ten, only know of two states myself, Arizona ,and Texas, possibly Alaska.