Man Shoots Bear In Yard, Arrested

oldfella1962

Senior Member
That article wanted my e- mail to continue..

But.. If he's a felon with a gun. Discharging a gun. He is toast whether he shot a bear or not.

A dead bear will be the least of his worries.
Speaking of a felon with a gun: where I used to work a guy I knew (not Joe Biden) has an adult son who did a couple of years for felony level drug charges. Let's call the guy I worked with Rick. Anyway, shortly after his son's release, Rick wants to spend time with his son, so he takes him RECREATIONAL SHOOTING. :oops: Yep, right there in front of "God and everybody" - at a big field which is pretty popular - his son is handling guns as a convicted felon with Rick and other gun enthusiasts :( Bear in mind Rick's son lives with him in a house full of guns. So, I asked Rick if this was a smart idea and Rick says "it's no big deal. I'm supervising him. When the courts & cops say a convicted felon can't have guns or be around people with guns, they are talking about being with other felons, not their family or anybody without a felony conviction". :oops: Suffice it to say Rick knows everything, so his excuse when you try to tell him or show him anything is "well it's MY UNDERSTANDING that blah blah blah or "that's not REALLY what they mean" rather than actually accept that he may be wrong. :(
 

Crakajak

Daily Driveler News Team
Speaking of a felon with a gun: where I used to work a guy I knew (not Joe Biden) has an adult son who did a couple of years for felony level drug charges. Let's call the guy I worked with Rick. Anyway, shortly after his son's release, Rick wants to spend time with his son, so he takes him RECREATIONAL SHOOTING. :oops: Yep, right there in front of "God and everybody" - at a big field which is pretty popular - his son is handling guns as a convicted felon with Rick and other gun enthusiasts :( Bear in mind Rick's son lives with him in a house full of guns. So, I asked Rick if this was a smart idea and Rick says "it's no big deal. I'm supervising him. When the courts & cops say a convicted felon can't have guns or be around people with guns, they are talking about being with other felons, not their family or anybody without a felony conviction". :oops: Suffice it to say Rick knows everything, so his excuse when you try to tell him or show him anything is "well it's MY UNDERSTANDING that blah blah blah or "that's not REALLY what they mean" rather than actually accept that he may be wrong. :(
Poppa gon get son back in the pokey.
 

Big7

The Oracle
Speaking of a felon with a gun: where I used to work a guy I knew (not Joe Biden) has an adult son who did a couple of years for felony level drug charges. Let's call the guy I worked with Rick. Anyway, shortly after his son's release, Rick wants to spend time with his son, so he takes him RECREATIONAL SHOOTING. :oops: Yep, right there in front of "God and everybody" - at a big field which is pretty popular - his son is handling guns as a convicted felon with Rick and other gun enthusiasts :( Bear in mind Rick's son lives with him in a house full of guns. So, I asked Rick if this was a smart idea and Rick says "it's no big deal. I'm supervising him. When the courts & cops say a convicted felon can't have guns or be around people with guns, they are talking about being with other felons, not their family or anybody without a felony conviction". :oops: Suffice it to say Rick knows everything, so his excuse when you try to tell him or show him anything is "well it's MY UNDERSTANDING that blah blah blah or "that's not REALLY what they mean" rather than actually accept that he may be wrong. :(
Long story but I personally have first hand knowledge.

My childhood friend got killed in an industrial accident when he was 34. Later on his older sister inherited their mother's house and she moved in.

A few years later, her son, a total loss, got in felony drug trouble and did a short stint in prison and was released on parole with some LONG time remaining on his sentence. He moved in with his mama when he got out.

Little later on, they had a smallish fire, the fire dept and COPS show up and of course in this small town, the cops knew this guy was on parole.

While they were putting out the fire, they found my late friend's little Winchester Model 190 22 that the sister/adult kids mama, had kept as a momento of her brother in a closet across the hall from the son's room.

The revoked his parole and sent him back to prison, confiscated the 22 and that was that.
They tried to charge her but her attorney had her play dumb and pull the blin card (she was/is blind) so they dropped the charges on her.

I/she/me/we all know everybody in this county including the cops and judges at that time. I even tried to take possession of my best friend's rifle and his sister agreed to it but no dice.
We never got it back.

The troubled son wound up dieing of a fentanyl overdose in that same house, in the same bedroom about 2 years ago which would have been about 15 years since the fire.

He swore he didn't even know the rifle was in the closet.
 

oldfella1962

Senior Member
Poppa gon get son back in the pokey.
I can just about guarantee it. His son will be in court and Rick will stand up and say to the judge "it's MY UNDERSTANDING that blah blah blah". :LOL:
 

oldfella1962

Senior Member
Long story but I personally have first hand knowledge.

My childhood friend got killed in an industrial accident when he was 34. Later on his older sister inherited their mother's house and she moved in.

A few years later, her son, a total loss, got in felony drug trouble and did a short stint in prison and was released on parole with some LONG time remaining on his sentence. He moved in with his mama when he got out.

Little later on, they had a smallish fire, the fire dept and COPS show up and of course in this small town, the cops knew this guy was on parole.

While they were putting out the fire, they found my late friend's little Winchester Model 190 22 that the sister/adult kids mama, had kept as a momento of her brother in a closet across the hall from the son's room.

The revoked his parole and sent him back to prison, confiscated the 22 and that was that.
They tried to charge her but her attorney had her play dumb and pull the blin card (she was/is blind) so they dropped the charges on her.

I/she/me/we all know everybody in this county including the cops and judges at that time. I even tried to take possession of my best friend's rifle and his sister agreed to it but no dice.
We never got it back.

The troubled son wound up dieing of a fentanyl overdose in that same house, in the same bedroom about 2 years ago which would have been about 15 years since the fire.

He swore he didn't even know the rifle was in the closet.
Sad about the fentanyl overdose. :( As for getting put back into prison you never know how strict the law might be when it comes to probation & parole. Sometimes they take a "no tolerance" approach and sometimes they look at the big picture and your total character/behavior, and cut you some slack. Bottom line, don't leave anything to chance and stay focused while on parole/probation. Call me old school, but keep a folder or envelope with everything related to the process (receipts that you paid your monthly probation office for example) so you have a hard-copy paper trail when one of the many links in the chain drops the ball. Make sure family members or trusted friends know where this is kept in case you are put back behind bars because of a data base mistake. It happens all the time! In Georgia there are three separate data bases that do not always match each other. :mad:
 

Throwback

Chief Big Taw
Speaking of a felon with a gun: where I used to work a guy I knew (not Joe Biden) has an adult son who did a couple of years for felony level drug charges. Let's call the guy I worked with Rick. Anyway, shortly after his son's release, Rick wants to spend time with his son, so he takes him RECREATIONAL SHOOTING. :oops: Yep, right there in front of "God and everybody" - at a big field which is pretty popular - his son is handling guns as a convicted felon with Rick and other gun enthusiasts :( Bear in mind Rick's son lives with him in a house full of guns. So, I asked Rick if this was a smart idea and Rick says "it's no big deal. I'm supervising him. When the courts & cops say a convicted felon can't have guns or be around people with guns, they are talking about being with other felons, not their family or anybody without a felony conviction". :oops: Suffice it to say Rick knows everything, so his excuse when you try to tell him or show him anything is "well it's MY UNDERSTANDING that blah blah blah or "that's not REALLY what they mean" rather than actually accept that he may be wrong. :(
You can’t Fix stupid
 

GunnSmokeer

Senior Member
Long story but I personally have first hand knowledge.

My childhood friend got killed in an industrial accident when he was 34. Later on his older sister inherited their mother's house and she moved in.

A few years later, her son, a total loss, got in felony drug trouble and did a short stint in prison and was released on parole with some LONG time remaining on his sentence. He moved in with his mama when he got out.

Little later on, they had a smallish fire, the fire dept and COPS show up and of course in this small town, the cops knew this guy was on parole.

While they were putting out the fire, they found my late friend's little Winchester Model 190 22 that the sister/adult kids mama, had kept as a momento of her brother in a closet across the hall from the son's room.

The revoked his parole and sent him back to prison,...he swore he didn't even know the rifle was in the closet.


Conditions of "PAROLE" are much tighter than conditions of PROBATION, and both of them are more restrictive on one's freedom than just being a "convicted felon" who has fully completed his sentence.

Many felons have a condition of parole that says "You will not live in a house that contains any firearms, any Rx narcotics, or any guns." Period. If you want to stay with your Mom, but Mom has a chronic bad back and takes Xanax twice a day, too bad for you-- you can't live there. Parole Dep't will not approve that address. You want to move-in with your cousin Wilbur, but Wilbur is a hard-drinking man who always has a case of beer in the fridge? Nope, you won't be living at Wilbur's place.
 

GunnSmokeer

Senior Member
If the drug addict son were ONLY a convicted felon, not currently on probation or parole, he probably could have beat the charge with a motivated defense attorney. A gun located in a shared house, but NOT in the defendant's private bedroom space or a storage area where he keeps his personal belongings, is not enough evidence that he "possessed" the gun.

In federal court several years ago, a convicted felon got acquitted by a judge at a bench trial when he admitted that he came home from prison to live with his wife again, and the wife kept as SKS rifle in her bedroom. The guy regularly slept with her in that bedroom. And the rifle USED TO BE HIS, before he got his felony conviction, at which time he "gave it" to her.

Well, cops found the gun in the closet and arrested him. Feds took the case to make an example out of him-- wanted to send him up the river for 10 years, no parole. Judge tossed the case for insufficient evidence. The man gave a statement to cops saying that while he knew the gun was there, he never touched it or considered using it since he got convicted. He said he considered it HER gun only--- not a jointly-owned gun. Wife said the same thing; she claimed the gun to be 100% hers and she said she knew how to operate it and was comfortable shooting it in case she needed to defend her home. The government agents could not prove the man ever used the gun or told anybody that it was "his."

(PS: This is just one case from one US District Court judge. Other judges may have convicted the guy on the same evidence. )
 

GunnSmokeer

Senior Member
INTERESTING TWIST TO BEAR SHOOTING BACKYARD CASE:

Imagine this convicted felon says that the gun he used wasn't his, but simply belonged to some other family member in that home and he BORROWED IT to shoot the black bear.

And suppose that he claims SELF-DEFENSE, saying it was necessary to use a gun to defend his home and his family from that bear (I don't believe this for a second, but suppose he claimed it and a jury got to consider it...)

Finally, suppose that he claimed that although he's a previously-convicted felon and can't have any guns or ammo, he claims there's an EXCEPTION in STATE LAW (Georgia only, not federal law) that says a person can break any gun control law if they do that in a case where they meet the legal standards for use of force in defense of self or others? Can the guy beat the gun possession by a felon charge by saying, basically, "My right to defend my family trumps any of the State's gun control laws?"
See code section OCGA 16-11-138, and note that "under this Article" means all laws found from 16-11-125 through 138, which is most (but not all) of the gun control laws in Georgia, and DOES cover the "felons with firearms" law (16-11-131)
 

oldfella1962

Senior Member
I don't think the self-defense claim would be wise since he went back into the house to get the gun and then shot the bear leaving his yard.
facepalm: Yep, that defense might work if you shoot a human who was obviously armed and acting in a threatening manner and is still a threat, because they could suddenly turn around and fire upon you. In other words, "bearing arms" is one thing, but arming bears is not too likely. :unsure: Regardless the bear shooter doesn't seem like a very bright or responsible individual.
 

Dialer

Senior Member
We had the same thing happen up here at Mountain Lakes in June. Guy shot and killed a bear cub in his yard.
 

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