by steve December 15, 2023

Can A Convicted Felon Own Property

So your buddy just got busted for some kind of felony. That sucks. You feel for them, but it makes you wonder – what exactly happens when someone becomes a convicted felon? Can they still own property and assets? Seems like a fair question. After all, you worked hard for what you own, and it would be scary if the government could just snatch it away.

Well, grab a snack and get comfy, because we’re going to break this down for you. By the end, you’ll be a pro on property rights and exactly what convicted felons can and can’t own.

Laws on Asset Forfeiture and Property Seizure

First things first – let’s talk about the scary concept of the government seizing property.

What is Criminal Asset Forfeiture?

Simply put, criminal asset forfeiture allows the government to seize assets that were either involved in certain crimes or gained because of them. We’re talking property like:

Vehicles (cars, boats, planes, etc.)
Houses
Land
Money
Valuables like art and jewelry
Bank accounts
Retirement accounts
Businesses

Yeah, it’s no joke. The government can snatch away almost anything they can prove was tied to criminal activity resulting in a felony conviction.

So if your buddy used his sweet ride to transport illegal stuff, or made piles of money committing crimes, that property could potentially be seized and liquidated after he’s convicted. Brutal, but them’s the breaks when you step outside the law.

Recent Changes to Tennessee Forfeiture Laws

Here’s a scary fact: laws about property seizure recently got a whole lot harsher in Tennessee. They expanded the list of felony convictions allowing asset forfeiture to include stuff like:

Murder
Rape
Kidnapping
Human trafficking
Acts of terrorism

Previously, forfeiture was limited mainly to drug and human trafficking crimes. But now prosecutors have much broader authority to snatch property connected to violent felonies too.

So if someone is convicted of these charges, nearly anything even remotely connected to the crime can be taken:

Homes
Vehicles
Bank accounts
Businesses
Valuables like jewelry
Even something as small as a cell phone or computer

And here’s the kicker – the assets seized often go right back to the prosecutors and law enforcement agencies! So police departments have a direct financial incentive to pursue property seizure whenever possible.

Yeah, kind of seems like government overreach, right? But temos have changed, so anyone facing serious felony charges better get ready to kiss their stuff goodbye.

Implications for Family and Friends

Here’s the messed up part – even family members can lose property connected to certain crimes. For example:

Billy commits mortgage fraud using the computer in his shared home office. The home can be seized upon conviction, making Billy’s innocent wife and kids homeless.
Suzie drives the car she shares with her husband to buy illegal drugs. The family car can be seized after he’s convicted of intent to distribute.
Alex commits identity theft to fund his business. The business assets can be seized, costing innocent employees their livelihood.

See how it works? Bad news. Property rights basically go out the window once that felony conviction happens. And loved ones often pay the price too.

So if anyone in your circle gets busted for something serious, don’t be surprised if the government comes knocking to collect property with dubious connections to the alleged crime. It happens more than you’d think, especially with laws expanding lately.

Alright, now that we’ve bummed each other out over forfeiture laws, let’s move on and see what other rights are impacted by felony convictions…

Rights Lost Upon Felony Conviction

Beyond just losing material stuff, convicted felons also lose certain rights and privileges we take for granted. Let’s look at some key examples:

Voting Rights

One of the most precious rights in any democracy is voting. But in many states, convicted felons lose voting rights while incarcerated and sometimes longer.

Rules vary widely on this:

2 states (VT & ME) allow felons to vote even while incarcerated
16 states + DC restore voting rights as soon as release from prison occurs
21 states only restore voting rights after periods ranging from 1-5+ years
11 states require additional action like pardon petitions or court orders before rights restoration

So in over half the country, felony disenfranchisement laws bar those with convictions from participating in the democratic process – sometimes for life!

Sure, someone who commits a serious crime like murder probably shouldn’t have a say in government. But should a person convicted of check fraud 2 decades ago still be banned from voting today? Reasonable minds can differ.

In any case, this remains one of the biggest rights impacted by felony convictions nationwide. And not being able to vote really stings when you’re trying to get your life back on track.

Firearm Ownership Rights

Federal law bans convicted felons from owning guns – period. There are a few exceptions, which we’ll cover later. But generally, say bye-bye to your firearms after that felony conviction.

However, states have widely varying laws on restoring gun rights:

15 states restore rights immediately upon sentence completion
23 states restore rights after waiting periods of 3-10+ years
12 states require extra steps like pardon petitions before rights restoration

No matter what though, a felony conviction means losing the ability to legally own guns for at least some period of time. And since restrictions can last indefinitely unless action is taken, felony firearm possession charges remain common even years after release from prison.

So if you or a loved one catches a felony case, be prepared to forfeit all firearms until rights can be restored properly. No one wants extra prison time for an illegal weapon possession charge down the road!

Employment Limitations

Want to become a doctor, lawyer, or other licensed professional? Pretty impossible once you have a felony conviction. Even trades like plumbing or electrical work can be restricted.

Federal law allows basic discrimination against felons in hiring:

Private employers can avoid hiring candidates with criminal records if they want
Certain fields have automatic bans – like government jobs, law enforcement, teaching, childcare etc.

Bluntly put, having felony convictions destroys job opportunities. Even businesses not legally barred from hiring felons often still avoid it to remove perceived risks.

Academic studies suggest roughly 60-75% of employers now perform criminal background checks. And while denying jobs solely due to criminal records is technically illegal, it still happens constantly due to negative stereotypes.

Basically, forget about any well-paying professional careers once you have a felony conviction. Even basic jobs like retail and food service may stop calling you back after running that background check. It sucks, but it’s reality.

Loss of Public Benefits

Housing assistance, food stamps, cash benefits…say goodbye!

Convicted felons become ineligible for a variety of social service programs, including:

Federal / state housing programs
SNAP food assistance
TANF cash benefits
SSI disability pay
Medicare / Medicaid for seniors & low income residents

Now getting back on your feet financially becomes vastly harder. How exactly does our society expect folks with felony histories to thrive once they lose access to programs designed to aid low income citizens?

It’s messed up, especially considering an estimated 33-36% of former prisoners reoffend within 5 years of release. Taking away public assistance certainly doesn’t help curb recidivism rates.

But hey, rules are rules, no matter how nonsensical they seem to us regular people.

Child Custody Battles

Here’s another heartbreaking consequence – losing custody of children way easier once you have a felony conviction. Family court judges can and do terminate parental rights if:

Evidence shows felony activity endangered kids
A long prison term has corroded the parent-child bond
Ongoing probation restrictions interfere with proper parenting
Really any reason that serves the vague “best interests of child” standard

And research indicates about 45% of inmates have open child support orders while doing time. So throw in piles of unpaid support debt too. This stigma follows people for decades too, still impacting custody hearings involving grandkids long after completing sentences.

While rare in practice, it remains possible for judges to terminate all parental rights permanently following felony convictions. Most often though, convicted parents simply lose primary custody – especially in nasty divorce / separation cases.

So if you have kids and catch any serious charges, brace yourself for an uphill battle keeping that relationship intact. Freedom means way less once the government labels you a criminal unfit for parenting duties.

Alright, so ownerships rights basically vanish, voting disappears, jobs dry up, benefits cease, and families can get torn apart. That’s uplifting stuff!

But surely offenders can at least responsibly own firearms again at some point right? Or will the government continue ruthlessly snatching away rights permanently? Let’s find out…

Possession of Firearms as a Felon

If only a convicted felon’s punishment ended once prison terms conclude. But nope – the restrictions keep piling on! Gun prohibition laws commonly stay in effect for years or even life.

What Constitutes Firearm Possession?

Merely living in a home with firearms or being near guns can constitute illegal “constructive possession” for convicted felons. Even handling ammo is considered under possession statutes.

Obviously, direct physical contact with firearms counts too. Carrying guns in vehicles, storing them in desks, or concealing in clothing – all illegal possession scenarios.

And here’s an interesting technicality:

Firearms like rifles, shotguns, pistols are prohibited
But black powder muzzleloaders often get exempted since they require manual reloading (kind of ironic considering their common use by criminals in the past!)

Additionally, possession extends to all types of firearms parts and accessories – like silencers, high capacity magazines, triggers, firing pins, stocks etc. Pretty much anything related to modern guns remains totally banned.

Penalties for Prohibited Possession

If simply having lost freedom and rights isn’t bad enough, getting caught with guns or ammo tacks on extended prison stays through felony firearm possession charges:

Federal law = up to 10 years prison for first offense
Federal law = minimum 15 year sentence for violent / drug trafficking felons
State laws = vary widely but often similar sentencing guidelines

And remember, probes into illegal firearm possession stem from all kinds of random scenarios:

Cops noticing empty ammo boxes while responding to disturbance calls
Getting pulled over for traffic infractions
Standard probation or parole monitoring
Anonymous tips called in for petty arguments or personal disputes
Smart doorbell cams that capture firearms while police question suspects on doorsteps!

Photo evidence, eyewitness statements, indirect admissions – nearly anything can trigger investigations into prohibited possession.

So thousands still manage to get sentences extended over firearms despite bans being well-known. In essence, one momentary slip-up causes a chain reaction demolishing rebuilding efforts.

Restoring Gun Ownership Rights

Waiting periods imposed on restoring firearm rights average about 5-10 years nationally. And again, huge state variations exist:

15 states allow fast restoration with minimal waiting periods
Other states require longer waiting periods – as high as 20 years!
12 states won’t budge without pardon / expungement of original conviction

The hoops don’t stop after serving time either. Extra steps often include:

Maintaining clean criminal records throughout wait times (New crimes = restart the clock!)
Completing parole and probation terms successfully
Paying all fines and restitution in full
Submitting restoration appeal forms and documents
Securing judicial or gubernatorial pardon orders

Still reading? Not bored yet? Fantastic! Let’s wrap things up with a quick rundown on restoring lost rights in general.

Are There Any Restrictions on Property Ownership for Convicted Felons?

Convicted felons may face restrictions on property ownership, but regulations vary by state. Some states impose junk cars on property limits, restricting the number of non-operational vehicles on a person’s land. Additionally, certain felonies may result in the forfeiture of property. It’s essential to consult legal counsel for accurate information.

Legal Help for Restoring Rights

Unless you have a law degree, navigating restoration of civil liberties requires hiring lawyers familiar with the convoluted processes.

Automatic vs. Manual Restoration

Some states automatically reinstate certain rights after completion of all sentences, including:

Voting
Serving on juries
Holding public office
Possessing firearms

But other states have labyrinthian rules requiring manual petition drives for restoring forfeited rights. Typical routes include:

Child Custody

Family court battles call for dedicated child custody litigators. They stand the best chance of minimizing separation time from children.

Expungements

Erasing criminal records through expungement petitions can be granted for demonstrating rehabilitation over time since sentences ended. When successful, it’s like the crime never happened regarding background checks and employer discrimination.

Pardons

Securing gubernatorial or even presidential pardons serves as the gold standard for reclaiming lost liberties, although they rarely get approved except in special cases. Still, it remains an avenue for those ambitious and patient enough to endure the quest. Even just the attempt signals officials that people genuinely repent past decisions.

Alright my friend, we covered so much here! Let’s wrap this up…

Can A Convicted Felon Own Property?

Well, can they or not?! After reading all this, what’s your conclusion?

In a nutshell:

Yes – with MAJOR caveats. Property ownership rights definitely exist legally, but remain severely handicapped.

State and federal laws include all kinds of exceptions allowing seizure of assets connected to certain felony convictions. Even relatives risk losing possessions linked indirectly to offenses.

And beyond forfeitures, all manner of future restrictions devastate finances and stability:

Voting bans anguish civic participation
Firearm prohibitions strain self defense rights
Employment barriers crush career ambitions
Benefits loss strains money management
Custody fights rupture family bonds

Meanwhile, prisons and jails provide essentially zero career development or budgeting education before releasing inmates back to starved opportunities. Talk about lack of proper support!

But folks determined enough can still slowly rebuild financial independence eventually:

Small business ventures offer income sans background checks
Certain employers still take chances with felons
Private housing works with flexible landlords
Gun ownership, voting etc. may restore in limited locales after specified periods

The overriding theme? Nothing gets handed to felons anymore – fairness and forgiveness remain rare when you’re permanently branded a criminal. Still, a select few endure extraordinary hardships and manage financial success again.

So there’s your answer…yes, owning property after prison stays plausible – but either requires remarkable luck or almost supernatural perseverance. If felons somehow maintain optimism after sentences turn lives upside down over wrongplace-wrongtime decisions, then maybe, just maybe, they can attain normalcy again.

But the odds sure stay stacked high against them, thanks to unrelenting societal stigma and constantly evolving laws limiting Constitutional freedoms.

Let’s hope this gave some insight into what friends and family face when enduring felony convictions! Now grab a snack and let’s binge watch something lighter on Netflix. Cheers!