class E-felony Question

3624 Views 50 Replies 29 Participants Last post by jugchoke, Nov 7, 2007

justabrake

Discussion Starter · Nov 3, 2007

I lost my privilage to own guns after buying to many cigarettes at an indian reservation, they told me it's the lowest class felony a class E

they called it tax evasion

my question is > can I ever be allowed to own guns, what if I get a lawyer to fight the case it's been about 10 yrs. that it happened , or is that it ?

Thanks in advance

1 - 20 of 51 Posts

sjohnny

· #2 · Nov 3, 2007

Sounds like you're just the kind of criminal element that we shouldn't want having guns :roll:

These inane laws bug the hell out of me. How is society wronged by a man who bought cigarettes being denied a Constitutional right?

Sorry, I don't know the answer to your question, I have only indignation to offer.

John

stobes21

· #3 · Nov 3, 2007

You need to talk to a lawyer. You have possible issues with both state law and federal law. A good lawyer may be able to have the record expunged because of how long ago it occurred and the nature of the offense. However, you'll need to make sure that you're in the clear under both state and fed law before you even think about going and buying a gun.

Fronty Owner

· #4 · Nov 3, 2007

On a side note, just how many cigarettes do you have to buy to be nailed for tax evasion?

My wife smokes and we buy at an indian owned smoke shop. I also buy my fuel there and anything else that is competitively priced with other stores.

Bobshouse

· #5 · Nov 3, 2007

justabrake said:
I lost my privilage to own guns after buying to many cigarettes at an indian reservation, they told me it's the lowest class felony a class E they called it tax evasion

my question is > can I ever be allowed to own guns, what if I get a lawyer to fight the case it's been about 10 yrs. that it happened , or is that it ?

Thanks in advance

They really must of wanted you in the worst way... I lived in Seattle and the reservation there had a huge billboard next to Interstate 5 advertising their "tax free" purchases, which included cigarettes.

Definately get a lawyer and get that conviction overturned. I am also interested in finding out the number of purchases made to be charged and found guilty of tax evasion for such an offense. Im figuring it had to be huge, as in cases or truckloads? You had to be purchasing them for resale possibly and plead out to a lesser charge?

justabrake

Discussion Starter · #6 · Nov 3, 2007

I don't remember what it was but it was the time they were cracking down on people buying from them, the reservation had no limit but once you leave there reservation they were waiting for me , the funny thing is I don't even smoke they weren't for my they were for my sister and some people form the bowling alley where she worked

Fronty Owner said:
On a side note, just how many cigarettes do you have to buy to be nailed for tax evasion?

My wife smokes and we buy at an indian owned smoke shop. I also buy my fuel there and anything else that is competitively priced with other stores.

bel_dad

· #7 · Nov 3, 2007

We have at least one lawyer and one budding lawyer in residence here... Perhaps one or both will have suggestions for you.

bd

Chaco1

· #8 · Nov 3, 2007

the funny thing is I don't even smoke they weren't for my they were for my sister and some people form the bowling alley where she worked

Anyone else find this a bit fishy? I know I can remember how fast I was going and where I was the last time I got a ticket. How can you not remember a felony conviction?

If you have stayed out of trouble and If you are ready to spend some cash you can get this expunged or overturned, states differ. I just get the feeling we are getting about half the story.

Bobshouse

· #9 · Nov 3, 2007

Chaco1 said:
the funny thing is I don't even smoke they weren't for my they were for my sister and some people form the bowling alley where she worked

Click to expand...

Anyone else find this a bit fishy? I know I can remember how fast I was going and where I was the last time I got a ticket. How can you not remember a felony conviction?

If you have stayed out of trouble and If you are ready to spend some cash you can get this expunged or overturned, states differ. I just get the feeling we are getting about half the story.

I used to laugh when peoples background investigations came in with an arrest or two they failed to mention during the interview... Sure, its possible that you forgot the embarrasment of being handcuffed, taken down to the station and being photographed, going to court, possibly jail.....NOT!

There is no way you forget anything like that, unless you do it so often one offense runs into another and another..

Im just like you Chaco1, I can remember my last speeding ticket..even though it was over 24 years ago.

justabrake

Discussion Starter · #10 · Nov 3, 2007

Sir, they never gave me any time they let me go 3 hrs. later they conficated my car and then told me to pick it up a week later and I did but they wanted me to plead to the felony

truthfully it's REALLY embarrassing

Bobshouse said:
Chaco1 said:

the funny thing is I don't even smoke they weren't for my they were for my sister and some people form the bowling alley where she worked

Click to expand...

Anyone else find this a bit fishy? I know I can remember how fast I was going and where I was the last time I got a ticket. How can you not remember a felony conviction?

If you have stayed out of trouble and If you are ready to spend some cash you can get this expunged or overturned, states differ. I just get the feeling we are getting about half the story.

Click to expand...

I used to laugh when peoples background investigations came in with an arrest or two they failed to mention during the interview... Sure, its possible that you forgot the embarrasment of being handcuffed, taken down to the station and being photographed, going to court, possibly jail.....NOT!

There is no way you forget anything like that, unless you do it so often one offense runs into another and another..

Im just like you Chaco1, I can remember my last speeding ticket..even though it was over 24 years ago.

drsfmd

· #11 · Nov 3, 2007

Whether it's the "lowest class" felony or not, you still have a felony on your record. As such, no you cannot own a firearm, you may not possess a firearm, you may not shoot a firearm belonging to anyone else.

If you want to spend the money, you can hire a lawyer to try to get it expunged, but I'd bet it's a longshot.

01lariat

· #12 · Nov 3, 2007

It all takes money. If you have enough money you can have your record cleaned right up. Any record I would imagine has a undisclosed price.

BTW I got to know. Did you quit smoking?

Buckshot Bob

· #13 · Nov 4, 2007

Where is SuperXone, ain't he a lawyer?

ffffg

· #14 · Nov 4, 2007

I got a misdemenor, and plead guilty to get it over with so i could get on with my work.. they told me it would be expunged anyway.. I found out later that i would have to have pled not guilty, then the plea agreement would have been to have it expunged etc. etc. etc.. I decided to get it off my record, and they told me that once i pled guilty my butt was theirs.. By the way the people who are in charge of the guns ist the ATF.. Alcohol TOBACO and firearms... Im guessing your pretty well screwed.. You cant even stay in a house without making the owner of any guns liable of getting them confiscated... Luckily you can buy and use black powder.. Its a blast and you will do fine with it... Dave..

Mokeman3

· #15 · Nov 4, 2007

justabrake said:
, the funny thing is I don't even smoke they weren't for my they were for my sister and some people form the bowling alley where she worked

Well, see now, that's sorta the rub.... I believe the "spirit" of the law that allows you to buy smokes on the reservations is for personal consumption, not others, or others friends, etc. etc.

Once you start taking orders to buy for all you family/buds, you yourself become a distributor. Just a thought.

MM3

Banshee

· #16 · Nov 4, 2007

Fronty Owner said:
On a side note, just how many cigarettes do you have to buy to be nailed for tax evasion?

My wife smokes and we buy at an indian owned smoke shop. I also buy my fuel there and anything else that is competitively priced with other stores.

In Tennessee,20 packs without a TN tax stamp is a misdemeanor.

Fronty Owner

· #17 · Nov 4, 2007

two cartons essentially.

I guess Im safe, the only time there are two cartons in the house is when I come back from asia. tough to pass up a carton at $13 US for marlboro.

Garbi

· #18 · Nov 4, 2007

I don't know what a class E felony is but state and federal law is different. The federal law prohibits you if you were convicted of a crime that you COULD have received more than one year in prison for. The actual sentence doesn't matter, neither does what they call it (misdemeanor, felony whatever). It's laid out on the Form 4473 you fill out when you buy a gun but it's probably never read fully.

SuperXOne

· #19 · Nov 4, 2007

Everything is a felony now. I swear the Feds and the States are eventually going to make a speeding ticket a felony.

It's sad, too. Under the provisions of the Federal gun control laws, a felon can't ever possess a firearm. Period. No exceptions. And, if that's not bad enough, in 1995 they added "domestic violence" misdemeanors. You are screwed for life.

There is a provision for the Feds to grant a limited exception for hunting on your own land, or something like that. But, there haven't been any funds appropriated for those "waivers" in several years, so there just aren't any "waivers".

The only possible way to get out of this is to secure a pardon from the governor of your State or hire a lawyer and go back to the original court and have the convicition set aside and overturned. The first option takes a politically connected law firm and (usually) an outgoing governor that is paying back political favors, and the second is likely to be practically impossible.

We need to change this law, folks. The only crimes that should disqualify someone from firearms ownership should be violent felonies that involved a firearm. Nothing else. I even have some problem with that. Why is it when you are released from your sentence, and you've paid your debt, do you loose a constitutionally secured right? Gun ownership isn't a mere priviledge. It should be tough to loose it.

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yeti

· #20 · Nov 4, 2007

In this state, you can petition "for relief" to the governor. Several years of political contributions and especially some to county judges will help.

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