Convicted Felon Faces Charges for Defending Self Against Violent Home Invader

Published by the LearnAboutGuns.com Author on February 18, 2009 at 12:09 am
LearnAboutGuns.com > Gun Related News > Convicted Felon Faces Charges for Defending Self Against Violent Home Invader

As reported, Darrell Jerome Ross shot and killed Edward Mitchell Perry Jr. after Perry entered Ross’ home with a gun, looking for someone with whom he had had a disagreement. Before Ross was able to fatally shoot Perry in self defense, Perry managed to non-fatally shoot another person in the house. Normally this is where the story would end, as police believe the shooting was justified self defense. However Ross had a previous felony conviction, which makes it unlawful for him to have a gun. As a result, Ross is being charged with possession of a firearm by a felon.

As I’ve discussed before, convicted felons are prohibited from owning guns by the federal Gun Control Act of 1968, as well as state laws.  While I don’t necessarily have a problem with prohibiting someone convicted of attempted murder from owning a gun, I am concerned by the fact that many crimes are now felonies, including rather disproportionate examples (such as the fact that passing a stopped school bus, even if no injury/collision results, is a felony in Alabama).  It just strikes me as unjust for this man to be prosecuted for gun possession when his actions stopped a criminal from committing one (or more) murders.  While the law is what it is, this seems to me like the kind of case where a prosecutor should exercise discretion, and not charge the man whose stopped the shooter.

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  • themiker

    Hey site admin, it said you were african american / black american. I wanted to say thanks on your stance, I agree with you. Only violent felons should be bared from owning guns. I think this law is another jim crow type law because blacks were getting hit with felony charges for stuff that whites could get reduced to lesser charges from having an attorney worth a dam. Oh and I’m a white republican :) anyways who knows but thanks, great site

  • kenny Robinson

    To start off I am a convected FELON. I Hate that word. I was convected of forgery and wreckless endangerment at the same time 2 for one. the forgery charge i was guilty but on the reckless endangerment after 16,000 in lawyer bills that broke me the lawyer said for another 5,000 he could get me off with a lesser charge. Well i didn't have the money so i got 2 years probation suspended sensence. thats been in 2002. I do and will continue to keep a rifle and shotgun at my bedside and i told the law up here where i live that i had these weapons and if anyone broke into my home i would use it. they said it would be ok with them. I live in a small town and have lived here for 48 years. I also Hunt Deer and rabbit up here. have all my life and im not going to quite now.

    • jim

      i don't blame ya man i"m in the same situation

    • Rozyredtoes

      Kenny, email is easy to trace. Confessions are still admissible as evidence. You have just confessed on the internet to committing a felony. You might want to contact the web master and ask him to erase your confession. You really need to think before you type.

    • kenny rogers

      Kenny like others have said, be careful! As far as I'm concerned you have an inalienable right to defend your home and person, and if i'm on your jury (which i won't be since i'm also a convicted felon – think about that) i'll never convict. Hunting is another story – plain not worth the risk to your freedom. Felony firearms is a very serious charge and there's not a lot of room for discretion on either the prosecutor or judge's part, even though they may be on your side. I read an article an article a while ago where a guy's picture appeared in a hunting magazine and an ATF agent recognized him, maybe he even actively searched him – i forget, and nailed him because he was holding a rifle – all without even getting up from his desk.

  • Clemorswhomp

    Kenny, the law says you are not even allowed to touch a gun and if some one saw you with a gun even a year ago it will be retroactive and away you go. No law enforcement officer is going to jeopardize his job for you. Don't get a belligerent attitude you will lose and probation may not be in the cards.

    • jOSH

      I Think he has a right to own a gun or anything else if he has done his time. CHIMP

  • Felonious Monk

    The right to keep and bear arms "SHALL NOT BE INFRINGED."

    There are NO "constitutional" 2A exclusions for convicted felons or anyone else. Neither Federal, nor State.

    You are only as free as you are willing to be. Defend against tyranny any way you can and be justified in the eyes of God.

    Only sheep need a shepherd.

  • JOSH

    Even Convected Felons should be able to have a gun for home protection. If they done the crime, then done the time. LEAVE THEM ALONE

  • Mike

    Its about time the ones that have finished their time or probation FIGHT BACK TO OWN A FIREARM. people do not understand that in the good old USA it take only a little more and not much to get a felony record. the government is just trying to through oue the 2ND all together.

  • SONY

    THE 2nd IS A RIGHT TO OWN A FIREARM. THE GOVERNMENT WANTS TO TURN EVERYTHING AROUND EVER CHANCE THEY GET. MIGHT BE TRYING TO BE A POLICE STATE. WAIT IT ALLREADY IS I FORGOT

    • Tom

      you got that right

  • Eric

    To deprive someones right to own a fire arm for hunting or self defense is stupid. I feel that if a person is convicted of a felony ( I have been), they shouldnt be allowed to have any while on parole/probation. If a weapon was used during the commision of the crime, they shouldnt be allowed to carry one or have it outside of the house at ALL, but should be allowed to have one in the house for self defense. We all have the right to self defense no matter what our criminal background is. My children shouldnt have to be raped or murdered because I made a stupid mistake over 10 years ago. Once we do our time, we are done. We paid our debt. Someone tried to break into the house I share with my very sick grandmother about 3 weeks ago, and 3 days ago two armed men robbed a woman of her purse and car after putting a gun to her head. I guess if they come back, I have to let them rape my 86 year old grandmother cause I'm a felon. Sadly, Im more afraid of the people that make the stupid ass laws then the people that commit the crimes. I can kill the person breaking in, but Im stuck with the ignorant politicians.

    • Bob Nusekabel

      Eric I was just looking in to different laws and thinking the same exact thing you are talking about. This is a bad place to be as a person who has committed a crime and done his time. It has to be changed. I guess since we are considered animals as being convicted of crimes that do not involve guns, sexual preditors, rapists, muggers or anything to do with vilance.We just let others do as they want until they get caught of raping killing or what ever the hell else they get away with until caught. We are targets for the law and for the law breakers who know we do not have guns in the house. I would not even be the type person to kill someone who broke into my home. I would just like to be able to make one think before doing it again with a bad limp or one less arm. But then guess what? automatic 10 years for me. Thats Justice

  • George

    I am a convicted felon as well. I was also shot and almost murdered in 2003. Now, the person who shot me is out of prison and I can do nothing to protect my home and family. There has to be some way to at least be able to own a gun to only keep in my home. My felony was only a result of a felony that I recieved at the age of 15. After being almost murdered, I did obtain a weapon and got an adult felony for doing so because they stated I couldnt own a weapon for 10 years after a felony that I received when I was minor. I have no violent convictions and I'm wondering if there is anyway possible to keep a gun in my house without risking my freedom? I live in Colorado. And if not a gun, what can I own to protect myself? I have nothing now, I would be a sitting duck if anyone wanted to break into my home.

    • clemoswhomp

      How about a pair of weenie dogs for an alarm system. A crossbow for distance a can of wasp spray for close up . And in case of multiple intruders a battery operated chain saw, Makita makes one. This combo could be a lot more fun than a noisy old gun and the risk of hurting innocent bystanders would be greatly reduced. This may sound silly but it would work. I personally have 5 judges but if given the opportunity I might grab the chainsaw. When the police finally got there it would most likely give them a case of the dry heaves.

    • Robert S. Bartosh
  • frank short

    i am a convicted felon, and in all states except NY, NJ, and D.C. any felon can own and have a black powder pistol. it's a .44 lead ball shooting out of a cannon. it holds 6 shots (takes a while to reload, but you can buy extra cylinders and use them like clips. you may also own a cartridge firing pistol (anywhere from the .22 to .45 cal range)

    i am starting a program that follows federal and state guidelines to provide firearms which are legal for them to use and own to avoid things like this. there is a way to do this legally. cap and ball is never covered under the firearms act of 1968, and you can take a BP pistol and convert it to shoot .45 BP rounds.

    ammunition is another story. modern ammo i covered by that act, but if you press your own you can legally own and store it, OR if it is locally made (not transfered across state lines) you can own, buy, and possess it. read up on the laws, and exploit these loopholes. i have a .44 cal BP pistol for home defense as well as a few pre-1899 revolvers. it is perfectly legal for me to own, posess, and use them. i can even keep one loaded and holstered in my glovebox while i am driving.

    these are desperate times, and some felons are now law-abiding citizens and have families and property to defend. a gun in the hand is better than a cop on the phone any day of the week.

    and remember, if you use this info, and purchase a gun using this, it isnt a 'firearm' under federal guidelines UNLESS you use it in the commission of a crime. then you fall under the 10-20-life or 15-25-life or whatever your state has. be smart and exercise your right to bear arms. look it up for yourselves. dont take my word for it.

  • convict in ga

    To the above poster, Frank Short, I've like to discuss some of these options with you. Is there a way to contact you?