Convicted Felon Arrested After He Defended Himself Against a Home Invader

Published by the Author on February 15, 2010 at 12:01 am > Gun Related News > Convicted Felon Arrested After He Defended Himself Against a Home Invader

As reported, a Melbourne, Florida man was reportedly in his home at about 9:30 AM last week when a home invader broke in and attacked.  The homeowner fired his Luger pistol in self defense, wounding the attacker and saving himself, according to police.  However, this homeowner reportedly has a previous felony conviction, making it illegal for him to own a firearm.  Police have reportedly arrested the homeowner, who faces charges of possession of a firearm by a convicted felon.  My thoughts are below:

As I’ve mentioned previously, convicted felons are prohibited from owning guns by the federal Gun Control Act of 1968, as well as various 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 lesser crimes are felonies these days.  Historically, felonies were reserved for the wost crimes, such as murder, rape, kidnapping, robbery, and arson.  But nowadays, many crimes that don’t involve that degree of wrongness are classified as felonies.  As an example, in Washington state, it is a felony to engage in an online poker game.

While not exactly on point with this situation, the U.S. V. Skoien case (and the cases that will likely follow it) may end up improving this area of law.

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  • Miguel

    He is going back to prison. A while back in Miami there was a shootout between 2 dope dealing gangbangers (with previous felonies attachede) in which a little girl got killed. This was right after the extension of the Stand your Ground law and both miscreants pleaded self defense. Anti Gun pundits warned that both would go free because of the new law. Their lawyers quickly adopted what the pundits said as defense but things did not turn out too well. One Misguided sucker pleaded out when the lawyer actually took 5 minutes to read the law. The other took a chance and now is serving hard time.

    I agree that not all felonies should be treated as such. A review should be done at legislative level and non-dangerous felonies should be treated as misdemeanors with a heavy fine + restitution.

  • Frank

    In my opinion there is a few big problem with this. A: The 1963 gun control act is and was unconstitutional. B: No where in the second amendment is there a clause about felons. C: If he used a bat and beat the SOB to death would he had been put in prison?

  • Shane

    It's a God given right to defend yourself by any means necessary. Of course, these laws are about disarming society. It's hard to control a armed people. It's called 'Communism". Also, here in my state we have some real idiots writing our laws. For , example, for years, up until recently it was illegal to hunt white tail deer with anything in .22 caliber. From .22-250 to .220 swift, however, it was lawful to hunt them with anything .25 caliber and above. So, you could hunt a deer with a .25acp which can barely penetrate a bird,as long as the barrel was 4 inches long. But, you couldn't use a .22-250 which would knock a deer's a@@ off. There's several laws that need to be repealed. I guess, in this guy's case they would have just expected him to die rather than defend his life and home. For anybody reading this that may have been convicted of a felony. Get you a muzzleloader, they're the same thing and you can own them. But, yes, I would have to say some people that truly are dangerous don't need guns of any kind. Our forefathers added the second amendment for a reason. The right to keep and bear arms shall "not" be infringed.

  • Brandon

    It is sad that the government is turning our great country in to rubble. I have a felony from when I was 17 years of age. I broke into a car, which was stupid and I was young. Now at age 27 armed with two degrees I still cannot get a job. Living in Illinois the hope for any one convicted of a felony is slim, for it has been years since a petition for pardon has been granted.

    • Tim

      You are not alone. this country is hell bent on self destruction in its ppursuit of "guaranteed safety." Of course nothing is guaranteed and when a man does wrong, serves his sentence, satisfies any civil action taken against him, his full rights under the law should be resored. I was one of the fortunate few (probably less thab 1 per cent who was convicted of a felony, went to prison and made it back to the midle class. I worked hard and went to school at night, earning a Ph.D. at a high end university. No one asded and I didn't volunteer the information. It's mpt easy, but it is possible. You are on the right track. You may consider moving. For instance, in Illinois, it is illegal to not hire a person based on a conviction, as long as the perpetrator does not lie about it. I was fortunate, I found employment with the State of Illinois and as far as I am concerned it is the greatest state in the Union. Good luck and never give up. There is a place for you, a person who will help ou, a break coming your way sooner or later. One day we will learn to help each other rather than wasting our time punishing each other. And I hope that day is coming real soon.

  • g.jordan

    I am a guess,that would like to know how can i get in touch with the owner of this page. I have a interesting event that happen to me that i think you would like here.

  • g.jordan

    I just recently learned about the (stand your ground)law in Texas.On May 24,2009, a guy assaulted me in my mothers front yard.I ended up getting the best of him and my family eventually stopped the fight. As this person was leaving he stated(I"ll Be Back).I then called the police and gave a statement to what had just happen.I then told the police officer that,I was worried that this person might try to come back with a weapon next.The officer stated"Im not telling you to take the law in your own hands,but you have the right to protect yourself". Three hours later that same day,i was shot by this same guy brother-in-law!!! I returned fire and shot the guy in self-defense. I was later no billed for shooting the guy,cause a grand jury stated i had the right to defend myself. The D.A's office later charged me with(A felon in poss of a firearm). I feel i have a classic defense of the (Stand your ground)law,which states i am immune of civil or criminal prosucution if it justified. Please give me some in sight on this situation please. Thanks

    • skumbag

      what ever became of this?did you get time or go free

    • adam smith

      I’m betting you went to jail.

  • anonymous

    I just feel really bad after reading these posts because someone i know is in the same situation. he is a convicted felon and last year went to jail for shooting his bully in self-defense!! the bully pulled 2 guns out on him and somehow he pushed the bully off of him and turned around and shot him fatally killing him. they found the two guns but he is still looking at life and they recently filed the motion of dismiss in relevance to the stand your ground law!! I hope everything goes okay but after reading this blog, i am having second thoughts!!!

  • Anonymous Joe

    In this country, if one is convicted of a felony, irregardless of the nature of the crime, then that person is cursed for the rest of their life. You never get a student loan. You can never get a really decent job. You can never have the opportunity or right to elevate yourself out of poverty. You can no longer defend your property, your family, and even yourself against violent criminals armed with guns because you can't own a gun anymore. If someone decided to do a home invasion and threaten your property and your life or that of your family inside of your own home, you'd look like a damn idiot because you couldn't defend yourself, your property, or even worse, your own family. That's a goddamn shame. The laws work for the intruders and not for you. So, who does Washington represent really? Certainly not you. The political machine will gladly take your money and even your votes if you are a felon. However, beyond that, you are an outcast with a giant scarlet letter. No one will ever give you a job. Educational opportunities are almost completely inaccessible and life in general is a completely horrid existence. You have absolutely no representation in the system whatsoever. None. Nada. Zilch. Your life is totally, completely, and 100 percent fucked. You are better off dead.

    You will forever and always be even worse than a second class illegal immigrant citizen.

    • Christopher Williams

      Not true at all. Good points but a little excessive with the better off dead BS. I’ve been convicted of about 4 none violent felonies 4 years ago and I feel pretty productive my job allows me to make 60 plus a year and I’m happy so eat a dick outstanding citizen! Lol

      • drunkenvash

        After reading through the comment, I believe he was on your side Christopher Willams.

    • adam smith

      Wrong. First of all, only DRUG felonies result in the loss of student loans. I have a felony for larceny from 1994 and I have about $100,000 of student loan debt from AFTER that time. Second, define a really decent job. Some states you can get a job pardon. I’m too lazy to go through the process, but if you get approved you can get licensed in anything except law enforcement or the military. Even without it you can own a business and do pretty much any job. I currently make $40 an hour at my job. I also owned a pizza place for a few years. You sound really ignorant. You should probably get off your parent’s computer.

  • concerned citizen

    I am a convicted felon of a non violent crime that happened 10 years ago. I dont think its right that im not atleast allowed to own a shotgun for protection at home for my family. Times have changed people will force there way in your home while your there they dont care. So if a person comes to my home armed with a gun the only way to protect my family is a stick man where hurting. But if i get a shotgun and have to use it to protect my family ill be the one arrested and charged with a felony. I dont want to hurt anyone but i have to protect my family from the sick and twisted people out there. We need to stand up and fight for some kinda change. Thats just my opinion id feel more at ease whike away from my family knowing they can defend themselves.

    • Michael Patrick

      you can own a muzzle loader also make your own gun called a slapstick that will fire shotgun bullets or have a slapstick and a shotgun when well if u kill an attacked ditch the shotgun and give them the slapstick and say this is what i shot him with.That is what I am doing.Also no law against a machete which I have next to my bed

      • adam smith

        Not in every state. Don’t give bad advice. Here in CT even a black powder gun will wind you up in jail. Crossbows are perfectly legal, as are bows, salt guns, any kind of cutlery, etc. I keep a Tomahawk by my bed.

  • concerned citizen

    You are right it affects your life so much even though mistakes where made doesnt make me or others scum. some of us get lucky and get it strait but it is so hard alot of people just give up because there not give a chance. They say where all the same wrong if you hire someone with glasses and there lazy how often is that held against people with glasses, its not. Its just some things need ro change.

  • FatboyKim

    Currently Standing trial for malicious wounding, defended myself from a dangerous convicted felony, but he got hurt worse so it’s his word vs mine. If convicted could spend up to five years in jail and be responsible for paying his way for the rest of his life. Even though he’s never going to get a penny from me B/c he had a choice to retreat in the situation and decided to arrack me with a hammer. I will loose my right to bear arms for hunting even though I have never used a firearm in any commision of a crime ever..

    • drunkenvash

      Another way to remove the 2nd amendment. Anything can become a felony these days.

  • John Doe


  • Michael Patrick

    I am a felon for charging 80 bucks worth of gas on a credit card that I did not have permission to use over 10 years ago.I paid restitution and completed probation but am a felon for life.It is a life sentence.Don’t worry they will change the laws when I am 70 and it wont help me just like everything else.The laws only stop law abiding citizens the real felons and crooks do not give a shit about or follow laws.Laws stop nothing.Like our big war on drugs.