Alabama - "Habitual Drunkard"?

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I may have a relative coming to stay with me for a few weeks who is a recovering alcoholic. He is just coming out of rehab and has been mostly dry for a few months, albeit with an occasional relapse. I know he can't legally possess a firearm, but while he's living with us he'd have access to my firearms if he so desired, seeing as they are not secured in a safe. Would this present any legal issues for either of us?

Also, how long would he have to be sober before no longer being considered an "habitual drunkard" and thus able to legally possess a firearm? I haven't seen anything in the state code regarding this, so I thought some of you might have some insight.
 
Why can't he legally possess a firearm?

Was he court ordered into rehab? If not, and he went of his own volition, and 'graduated' then I don't believe he is prohibited. The 4473 form questions that would be relevant are 11e (maybe not, since alcohol isn't even listed) and 11f. 11f applies if he was court ordered as mentally defective. Now this is all federal, and applicable only to purchasing a firearm, and I'm not sure what your local state laws are considering this.

Really though, if you are concerned, lock them up. Put them somewhere he wouldn't stumble upon them and don't bring up the guns in conversation.
 
He's referring to Alabama state law...
http://www.nraila.org/statelawpdfs/alsl.pdf
It is unlawful for a drug addict, habitual drunkard, or one who has been convicted of a crime of violence to own or possess a handgun.
Click to expand...

I can't tell you how Alabama defines 'possess', but I'd say that you might just get a lock box for all your handguns so that he doesn't have access if he so desires. Little cost involved just to err on the side of caution.
 
Criminal Vs. Civil Liability

One thing to consider in the scenario as you describe it I believe is your primary concern regarding a family member's access to your firearms. While only an expensive "paid by the hour" attorney could adequitely represent your family member in a criminal court as a result of their actions, most homeowners insurance and supplemental Umbrella insurance policy's will cover your liability in the event of a civil suit. Best to check with your individual company, but as a 20+ year insurance agent, I have found this to be true with most insurance carriers. Hope it helps.
 
Ahh, I figured it was a state thing, as I didn't see anything federally prohibitive. Apparently with the feds, you could be a raging alcoholic and buy a gun, as long as you don't smoke a little weed every now and then. :rolleyes:

Contact the states AG office and ask. If he's successfully been through rehab and is sober, seems to me that he would no longer be prohibited. Hard to claim someone is a habitual drunk when they aren't habitually drunk anymore.
 
I agree. Whatever the state considers, or used to consider to be a habitual drunkard, why would they extend that definition to someone who's cleaned up?

Anyway, it costs $50. That's less than you probably spend in ammo over the summer.
http://www.walmart.com/ip/Stack-On-...0000003260410&ci_src=14110944&ci_sku=14710757

As long as you don't have several dozen handguns, this should do just fine, and just to be on the safe side in the event that the state's interpretation is not as forgiving.
 
Well, the thing is....he's been through rehab, but I woudn't say he's "habitually sober" at this point. He's doing fair, but has relapsed a couple of times lately. So I might still consider him a habitual drunkard until he's been sober for a couple of months at least. And I'm not concerned he'd do anything with the firearms, even when he's drunk, I'd just hate for the remote possibility to occur where law enforcement became aware of the situation and one or both of us catch heat for it.

I guess my question is, do I need to trigger lock all the guns while he's there just to be safe or not worry about it. I've read some threads where "constructive possession" was discussed and was concerned that the fact of him having access to the guns would be an issue.

Thanks for the help.
 
...do I need to trigger lock all the guns while he's there just to be safe...
Click to expand...
What could it hurt? Seriously, if you already have the trigger locks, what's the down side there? Like you said...
...the remote possibility to occur where law enforcement became aware of the situation...
Click to expand...
 
You can spend some money and ask a lawyer, or spend some money and buy a safe/RSC. Either way.
 
I would guess to be considered a "habitual drunkard" in a legal sense, he would have to be declared one thru the courts...I know some states can "interdict" a person, which in essense calls them a habitual drunkard. An interdicted person may not possess/consume any alcohol.
 
Knowing how the police operate in Madison, I think you'll be OK. If you genuinely feel threatened by him having access to your guns, either put them in a safe or trigger lock them. Cheap insurance.
 
StandingWolf - Yes, it is a risky proposition, to be sure. When I've told people about it, the responses I've gotten have been about 50/50 each way. We are going to lay out some pretty specific ground rules and I don't have any problems with terminating the arrangement if it becomes disruptive to my family. I don't forsee any real problems since he's not a mean drunk or anything like that, but I also don't plan to allow him to lay around passed out all the time either. He's going to have to use this opportunity wisely, with as much encouragement and help as my family can give him, or he will have to find another place to drink himself to death. If it blows up in my face, I'll PM you and let you tell me you told me so....:)
 
Hate to tell you this but your relative is nowhere near sober. If he's an alcoholic he can never ever drink again. Stating that he's been sober except for a few times in 2 months is the same as saying he's still drunk. Sorry but for my own safety I wouldn't let him in my house till he had at least 2 YEARS clean and sober.
 
@rori - No illusions there....I've been around him all my life and he's been drinking for most of that time. He's never been violent or particularly unpredictable, so I'm not concerned that he'd get drunk and even handle any of my guns. I certainly wouldn't have him around if there were any safety concerns. I just wanted to make sure I didn't get either of us in trouble by having unsecured firearms in the house.
 
In your favor... only honest folks worry about this sort of stuff.
Now do yourself a favor and properly secure your guns while he's staying with you. You'll worry less....

In the area that I worked, if any of my officers had contact with someone in your situation, I'm sure they'd provide the same advice. If there was a problem at your house involving that individual and a disturbance any weapons would be taken into custody if they weren't properly secured already. We routinely advised our officers to seize any weapons involved in a disturbance, particularly if alcohol or drugs were involved. Most times we'd require a court order before we released them (state law in Florida particularly allows this), so you or your lawyer would need a trip to the courthouse before recovering them.

I can't say what the laws in Alabama are (although I'm originally from Huntsville, I left there in 1967,,) all of my enforcement career was in Florida. Hope this helps. Remember most cops know when they're dealing with decent folks trying to do the right thing - it's the other kind we spend most of our time with....
 
One of these storage locker rental places is a good plan if you want guns out of the house for a while.

Going gun free zone seems like a good idea to me.
 
I don't know if this helps any, but the FAA says a recovering alcoholic has to be dry for five years to get a medical certificate. Other .gov agencies may have their own standards.
 
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