Felon in Possession of a Firearm Attorney

Houston Texas Criminal Defense Attorney Cory Roth discusses a recent felon in possession of a firearm case.

[@bryanwells1051]

Where in the constitution does it say felons can't possess a firearm?

[@nickpetrou6113]

It doesn’t say that, that’s why felons can possess firearms

[@kennethbriody8396]

​@@nickpetrou6113/ I wish!

[@QBJINC]

​@@nickpetrou6113facts

[@brianlester3688]

​@@nickpetrou6113you're wrong it was amended 1938 to include felons are prohibited to posses firearms or ammunition

[@nickv1008]

Does the constitution say anything about FIREarms?

[@Jagdtyger2A]

If the Founding Fathers had intended that any class of CITIZEN be denied access to their 2A Rights. Why does the Constitution ban laws that define a class of Citizen and then deny that class a Right based on being a member of that class; this is called a Bill of Attainder. There is also the Militia Act of 1792 which mandates that ALL able bodied men possess arms and ammunition suitable for militia duty; without exception. Therefore no law banning a "prohibited person's 2A Rights meet the Bruen test

[@bryanwells1051]

I was a cop for 14 years. And I'm not a lawyer. However, 1. Never talk to the police without a lawyer. 2. Never consent to a search of your person, vehicle, home, article, or possession. 3. Never do sobriety tests.

[@lindashealingart]

What if they search without consent?

[@TennisArena365]

@@lindashealingartit will be ruled a bad search by the judge

[@scottydoo330]

why a cop for only 14 years?

[@db-ui6my]

So just go to jail for refusal

[@bryanwells1051]

@@scottydoo330 because I was more afraid of what went on inside the pd that outside.

[@nobuenonews9629]

Ex felons meaning those who have a record and are now a good citizen should have the ability to defend themselves.

[@nickgatlin]

Facts

[@RuthEsther-nn6qe]

Yes😊

[@2112rts]

You are 100% correct about show me your friends and I’ll show you your future !!!!

[@nickv1008]

So many of my friends are dead. 70 yr old....

[@botzallrightsreserved1139]

Thank you

[@patrickbracken7580]

Corey you need to study the Heller Supreme Court case and the Bruen Supreme Court case. God's speed brother.

[@Boolio5150]

I’m in Georgia and I have a similar case and I would really love for you to help me out with my case

[@pearsonedmundo1357]

Sounds like we need another revolutionary war

[@BigCheech-wy9os]

I never was in trouble in my life i had became a cop and became a felon after protecting my kid By a corrupt prosecutors office in NJ During my career i recieved 50 Awards for good police work in the city i served I took a plea not to do prison time by a politically motivated charge i recieved After pleading to the Made up charge and satisfying probation i tried to expunge my charge in which the trial judge did.. The corrupt prosecutor Appealed the decision and the appellate court (hearing cortupt evidence) sided with the prosecutor Leaving me with a BS felony... I will not stay unprotected and carry a firearm with me everyday living in another state now..I DONT CARE WHAT I AM FALSELY LABELED AS I am a Law abiding citizen and wlll not be unprotected.. i see what the justice system does to people as i am a victim of the same IM Not saying Career criminals should be armed but there are people that made a mistake did their sentence and years later after never violating again Still are Persecuted for the Mistake ITS NOT RIGHT... my thing is id rather be judged by 12 Then carried by 6...

[@EducatedBlackMan]

I am a retired attorney and saw so many people like you that refuse to accept responsibility for their actions and want to blame others for their decisions. You are a criminal, not a victim.

[@davidkrediet9852]

Ditto my friend . I was railroaded also I feel ya on corruption and stay safe..

[@BigCheech-wy9os]

@@EducatedBlackMan lol

[@TexasCriminalDefence]

I am so sorry. As long as you follow traffic laws the odds of you getting in trouble for the firearm are small, unless you have to use it.

[@BigCheech-wy9os]

@@EducatedBlackMan thats why your retired

[@JamesNorrick-kt1kg]

I was arrested for a felon in possession off a handgun within 15 years and they've not even seen me with a gun nor did they ever even recover a gun at all after searching my house no gun period how can they do this? Plz help

[@Undrstm8ed]

Whats the difference of "Prohibited person, with a firearm"?

[@JonHanzoII]

I'm a US lawful permanent resident (green card holder) living in Texas. I pled guilty to a non-violent offence in a country outside of the US and was fined $100, however the maximum penalty for that offence is two years in prison. This offence was declared to the US government when I applied to immigrate to the US, the US Embassy placed my immigration application into administrative processing for 3 months for a full background check, and determined I was admissible into the US. I now wish to purchase a firearm in the US. My question is the offence I pled guilty to in another country, is it considered a felony in the US because of its maximum sentence of more than one year in prison? Am I a felon?

[@wilder211]

No you are not a felon. Go get a gun

[@MarkSmith-tc2lu]

U a felon

[@eugenerodriguez7767]

Bro Texas don’t play I’m a felon and I’m trying to get my gun rights bk it’s a up hill battle so many over lapping laws fed and state

[@jamessorsby7419]

Good luck man. I looked in to doing it and I had lawyers tell me don’t waste my time or money. And one said they don’t even take those cases anymore because they know the outcome already. Not try to discourage you. I just want to tell you my experience. Please update me though if you have a different one.

[@hlrcmn7711]

If the guy searched it and didn’t find it that’s key point in a set situation

[@jephRent]

Keep it up Cory!

[@hlrcmn7711]

State laws are designed based off the obligations held by the enforcers but are altered by the states to fit the majority in said state opinions that go and express those opinions

[@ThomasBush-oj6bx]

Can you help with a consultation in alabama

[@Engineer1897]

Houston? That says a lot

[@hlrcmn7711]

Law between states show the opinion vs opinion

[@taxxfree4792]

Where is your practice out of you have a new subscriber I get a felon in possession of a firearm for them riding my house and finding my wife’s brand new shotgun unopened, but there were four other firearms in the house locked in a safe what kind of motion can I file?

[@Saul.Tinoco]

Motion for dismissal based on Heller and Macdonald and Bruen. Guns in the home is Constitutionally protected

[@J-barrera79]

I have a theft charge which I did 4 yrs probation for and because it was a felony I can’t buy a gun anymore. Even though you can buy one at a gun show. But my question is can I get that taken off my record and ever legally buy a gun and get a CHL again, ever?

[@contrarianthinker]

New law raheif vs us (2019)say if you haven’t never been to prison over a yr can’t be a convicted felon of a firearm if caught with a firearm

[@J-barrera79]

@@contrarianthinker yea I’ve never been to prison, ever, I had deffered and completed it early in 2018. But I can’t buy a gun cause my application failed. So will it ever change, where I can legally purchase a firearm?. Thank you

[@contrarianthinker]

@@J-barrera79 have to get it expunged or pardon then you can buy a gun

[@J-barrera79]

Might just have to go to you to get some help with that, hey thank you counselor. One more question am I considered a felon then, so if I had a gun before my case or bought one at a gun show (legally) and I get pulled over. Would I get charged and with a possession of a firearm by a felon?

[@contrarianthinker]

@@J-barrera79 yes you are felon but if you have a firearm and you didn’t do a yr in prison you wouldn’t be considered a felon in possession of a firearm but I would get an expungement or a pardon because our government play a lot of legal games

[@hlrcmn7711]

A opinions is a decision made by ur choices based of what you see fit as right or wrong at the end of the day it’s opinion vs opinion

[@toddsimmons5309]

I was recently convicted for felon in possession for owning black powder

[@user-tf2ls7jb4m]

What state

[@toddsimmons5309]

New Hampshire

[@toddsimmons5309]

I am a non violent felon

[@user-tf2ls7jb4m]

Damn that sucks man. Same here, think the laws are the same in new mexico.

[@hlrcmn7711]

Also this point if military is trained that training is based of experience that is controlled a felon has uncontrolled encounters that are similarly connected so with that being said we are showing we trust the controlled over the uncontrolled situational awareness of problematic assessing

[@hlrcmn7711]

To prove one is viewed as a felon that means he she is not your ordinary law abiding soldier that entails that protection is not the needed protection for the majority opinion

[@jameswagner2634]

It’s not your fault, brother

[@hlrcmn7711]

Sounds set up mate

[@ManWolf55]

My sentiments exactly......Someone please point out where it stipulates in The Constitution the right to posses or own a firearm unless you're a convicted felon? Oh that's right james brady made that up, and called it, " The Brady Bill!" Alright look.....I think it sucks he got hit by a stray bullet because that loser Hinkley shot him. But, how does give a prejudice senator that hates felons, and took it out on all of them, the right to make up his own unconstitutional law! I just don't get it! So if you haven't committed a crime in over 20 years when you were young, and stupid, you're just screwed for the rest of your life! Hey man if your debt is paid, and you did your time ( so long as you're not a sex offender) you should be given your rights back period!

[@hlrcmn7711]

If it’s ur client remember this point n base off it military is here to protect a military soldier go out and fights n whole job is based off 40% felonies at home does that mean the trust the government and we the people is creating a wrong at home for even those who don’t go into the military but find them selves in the opposition of life the side where right and wrong requires a new understanding of the current states of mind

[@user-of9kz7iu3w]

Crazy people own guns

[@hlrcmn7711]

U show a L lawyer L asset in this video u gave up before u actually tried

[@EducatedBlackMan]

Your client was guilty as sin and I hope he got a long enough sentence to keep him off the streets.

[@TexasCriminalDefence]

Actually, his case was dismissed. Welcome to the United States of America where the government has to follow the law.

[@Cash_Addict410]

😂😂😂😂😂😂😂😂😂😂

[@MarkSmith-tc2lu]

I don't care he is guilty.

[@MarkSmith-tc2lu]

U plain out failed quit blaming everyone else it's ur job to prove them innocent don't take their cash if u can't perform ur job period.

[@michaelwarrell5479]

Actually he doesn't have to prove a client innocent. The burden of proof is on the cops and prosucutor to prove guilt. A defense lawyers job is to question every aspect of the prosecutions case and even perhaps present alternative believable theories to a jury and putting reasonable doubt in there mind

[@hlrcmn7711]

If the guy searched it and didn’t find it that’s key point in a set situation