united-states criminal-law
Convicted Felon - Touching a gun?
<p>I read this slightly <a href="http://www.abc17news.com/news/two-convicted-felons-charged-after-touching-gun-in-gun-store/653184772" rel="nofollow noreferrer">bizarre article</a> that says two convicted felons were charged after touching guns in a gun store. </p>

<p>Although the article is unclear on the meaning of touching, I'm going to assume the men had physically held the gun in hand. That of course is clearly a violation broken, nothing to see here, move along type deal. They also had a third person essentially buy a gun for them. I guess they get an A for effort on trying to be smooth. </p>

<p>It is not a smart idea of them to be in a place that sells weapons to begin with, but it made me wonder about a few things. Is it illegal for a convicted felon to enter a gun store, a gun show, or have some proximity restriction involving guns that they are knowingly aware of? My only real guess is some may be given strict rules based on their probation, being released on bond, constraints of their conviction, etc.</p>

<p>If a felon did touch a gun, say with their pointer finger, is that enough to be considered in possession of a gun, or having control of the gun? </p>

<p>For the record, I'm by no means questioning what the police did in this case. The article is worded very poorly, and simply produced a few possible "grey area" questions. </p>

<p>Federal law bars possession of guns by felons and also bars the use of straw purchasers. The primary statute involved in 18 U.S.C. § 992(g).</p>

<p>Being in a gun show would not be <em>per se</em> illegal, absent an atypical parole or probation condition. But, in this case it looks like the individuals held the guns which would constitute possession, and it looks like they also arranged for a straw purchase.</p>

<p>Merely touching a gun with a single finger would probably not constitute possession of a gun for this purpose, although the incentive not to test the boundaries is great, because <a href="https://www.ussc.gov/sites/default/files/pdf/research-and-publications/quick-facts/Quick_Facts_Felon_in_Possession_of_a_Firearm.pdf" rel="noreferrer">the sentences are so severe</a>. (Incidentally, there are more convictions for this offense in Missouri than anyplace else in the United States).</p>
