Felon living with you and your guns

[YammyMonkey]

My in-laws have a (loser for many reasons) son who is living with them and he's a convicted felon. I'm planning on returning a handgun to them that I was given and was wondering if I should warn them about having the gun in the same house as said felon son.

Since it's illegal for a felon to have a gun, what is the definition of have?

 

[fisherman66]

Assuming they are aware he is a felon, I would not say a word. I probably wouldn't say a word even if they didn't know he was a felon. You can't win here. You can loose though.

Perhaps this duty is better suited for your spouse.

 

[SMMAssociates]

IANAL, but it's my understanding that as long as the Felon cannot get access to the gun, there's no problem.

Locked in a safe, locked up in a room that he can't enter, etc. Pretty much what you'd do to keep your kids away from the gun plus preventing about any contact.

It is another Felony for him to touch the weapon, and downright dangerous to be in the same room with it unless it's pretty solidly secured. Your inlaws could also be prosecuted for failing to secure the gun. I doubt if you'd be at any legal risk unless this guy happened to be home when you dropped it off.

Regards,

 

[Henry Bowman]

I'm planning on returning a handgun to them that I was given

Why? Did they ask for it? Did they "loan" it to you rather than "give" it to you? Do you think they need it right now? Do they think they need it right now?

 

[El Rojo]

The felon knows better. The parents should know the rules. If it is going to cause strife, don't say a word. Really when it comes down to it, it will be the felons head on the chopping block if bonehead gets caught with it. The parents have a slight chance of "catching a case". So give it to them and if you are lucky he will take it and get pulled over with it and back to the joint he will go! Hopefully they will be smart enough to keep their mouths shut until they talk to a lawyer and get their story straight about how he took it without permission or some such business.

 

[Pilgrim]

I gave to my adult granddaughter the .22 rifle my father gave to me when I was thirteen. It was the first firearm she learned to shoot with. Afterwards, I found out she is keeping "company" with a ex-con. I told her it is her responsibility to make sure he never gets access to and control of the rifle. If he gets busted on a parole search or arrested with it, she could join him in jail for making the rifle accessible to him.

Her responsibility. She's an adult now,...sort of.

Pilgrim - Sad and disappointed grandpa.

 

[cuchulainn]

Doesn't Mrs. Liddy own a sizable collection?

 

[Working Man]

cuchulainn, you beat me to it!

Doesn't Mrs. Liddy own a sizable collection?

 

[20cows]

The way I understand it, a felon CAN possess a gun within his dwelling, but he'd better not take it out on the porch! (He still has the right to defend himself in his own home).

Though he cannot buy a gun, he could use one that was already there or belonged to a family member.

I could be wrong but this is what I believe.

 

[pax]

20Cows ~

Only in Texas.

pax

 

[WT]

Since the son is a felon there is a 67% probability that he will commit another crime. If he uses the gun that YOU supplied, then you might find yourself in hot water.

Personally, I would not give the gun to the parents. Too risky.

That said, if you decide to arm the sweetheart's parents, I think you have an obligation to let them know the consequences of their son getting access to their firearm.

 

[ravencon]

If the resident felon gets hold of the gun and uses in the commission of a crime you can bet there will be inquiries about where he got the gun.

If the prosecutor wanted to be pissy you could be looking at conspiracy or criminal facilitation charges. No likely, but think it through before you act.

 

[thorn726]

Since the son is a felon there is a 67% probability that he will commit another crime. If he uses the gun that YOU supplied, then you might find yourself in hot water.

perhaps before we let everyone run rampant with this kind of speculation, what kind of felon is guy?

drug possessor/ small time dealer?

or burglar/violent robbery/ gang member/ drug LOrd???

so many people get minor felonies who are not dangerous psychos.

driving uner the influence can often be a felony also.

if there is any odds guy might actually USE the gun, i would for sure not bring it over there.
but chances are, the guy has no intention of risking his freedom like that.
i kinda get the feeling if he was super violent, you wouldnt even consider this

 

[Borachon]

G. Gordon Liddy once commented that he could no longer own firearms because he was a felon. But that it was disturbing to him how many Mrs. Liddy insisted on buying...and then storing in the end table on HIS side of the bed.


If the firearm was registered in someone elses name (a non-felon) at the pawnshop, then I don't see why they can't keep the firearm in the same house without problems.

He's not on probation is he? That's a whole nuther thing if he is.

 

[Len_in_Phoenix]

Per 18-USC-922(g)(1):

(g) It shall be unlawful for any person--​

(1) who has been convicted in any court of, a crime punishable​

by imprisonment for a term exceeding one year;​

to ship or transport in interstate or foreign commerce, or possess in or​

affecting commerce, any firearm or ammunition; or to receive any firearm​

or ammunition which has been shipped or transported in interstate or​

foreign commerce.​

Note the phrase "or ammunition". This means that if the convicted felon is in possession of just one round of live ammunition that was not manufactured in the state where the offense occurs, that person is guilty of a federal felony. And yes, the US Attorney's office will prosecute for just one round of ammo.

Possession can further be defined as "actual" possession (on his person) or "constructive" possession (within his area of control). Some good examples of constructive possession are the gun in the glove compartment of a car driven by the felon or a "biker chick" carrying a gun for "her man." Having the firearm in the same residence as the felon would certainly meet the requirements for constructive possession if the felon. There is a "knowingly" requirement that might help if it is possible for the firearm to be kept an absolute secret, but that is for you and your family to decide. Having the gun in a safe might satisfy the "ability to control" part of constructive possession, as long as the keys or combination to the safe are never, ever within his "ability to control."

It would be better to not allow the firearm back into the house as long as the felon is there. Perhaps an explanation to your family about "aiding and abetting" and "criminal forfeiture" would help.

Len in PHoenix

 

[YammyMonkey]

Thanks for the info guys, he wasn't a violent offender persay (pled to attempted child molestation) and I highly doubt he would even try to touch the gun. I shot up all the ammo for it so that's not an issue since the in-laws aren't shooters.

My mother in law gave me the gun because I like to shoot, but I'm just not a DA revolver guy so I told her she could have it back or I knew a guy who was interested in buying it, she decided she wanted it back. When she comes down in a few weeks I'll fill her in on the whole access, etc. laws and tell her she might want to give it to her brother who lives in another town. He held onto it for her while my b-i-l was on probation.

So far we suspect the guy has cost his dad (former judge) his job, his twin brother a potential job with the state corections as a counselor and may make it "interesting" for me to get the job I want as well. And he's upset at me because I truthfully answered a question for a PD I'm applying to about relatives convicted of a felony. Like it's my fault he's made the decisions he did.

 

[M-Rex]

Wait a minute.

he wasn't a violent offender persay (pled to attempted child molestation)

Did I catch that right? He tried to molest a child, but he's not a violent offender?

 

[thorn726]

Did I catch that right? He tried to molest a child, but he's not a violent offender?

uh, yeah - really. that's pretty scary.
sound like this was more than "he got caught almost doing it with a 17 year old"

sounds like a perv.

too many bad things he could do with thaT.

a lot easier to abduct someone with a gun.

 

[YammyMonkey]

Yes the guy is a dirtbag, putting it lightly, but he didn't go out and shoot someone or rob a bank, whatever where he would have used a weapon. He's not a violent person at all, I doubt he would even try to protect himself in any standard type of self defese senario. Based on his history that I unfortunately picked up on about 6 months ago he seems to want to get close to young boys and be like a father figure type of molester, not a grab one off the road and run for the hills kind of molester.

Needless to say my new son will never have any contact with him which means no visiting the grandparents until they sac up and kick his 42 year old butt out of their home.

I'm going to make it very clear to the M-I-L that he cannot have any sort of access to the gun, it must be locked up, not just hidden away whenever he is there. How they decide to deal with it after that is not on my hands.

 

[artherd]

Uhm, fella, I hate to break it to you but CHILD MOLESTATION is a VIOLENT CRIME!!!



And you are GIVING a gun into this household (aparently full of idoits if their 42 yo molester son is still there) because you don't like it?!?!


HELLO?!?!? BEULER?!?!? CHANGE YOUR MIND ABOUT THE GUN!!! YOU SUDDENLY LIKE IT AND WANT TO KEEP IT!!!


You do not want an aiding and abbetting charge, or a furnishing weapons to a convicted felon charge, or any of about 18 other felony charges YOU COULD FACE if something were to go wrong.

Lastly, if this dirt bag is mad at you, you could end up getting killed by your own gun.

 

[Darth Ruger]

My mother in law gave me the gun because I like to shoot...she decided she wanted it back...

she might want to give it to her brother...He held onto it for her while my b-i-l was on probation.

Three things:
1. So this is the second time she's given it to someone else. If she's not a shooter, why does she keep wanting it back?

2. She let someone else hold it while the dirtball was on probation? I assume that means she was afraid he might get hold of it? Then she obviously is aware of the danger and doesn't need to be told anything.

3. She got the gun out of the house when he was on probation so he wouldn't get hold of it, but now he's living with her and she's no longer afraid that will happen?

Maybe I'm reading this thread wrong, but this situation makes no sense at all to me.

 

[odysseus]

I don't know how to say it without sounding like a superstitious nut or something, but my gut feeling reading your replies is that this is all bad mojo. Not good! Run away!!!! ohhh... in-law... sorry!