Felony/firearms question

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chris in va

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Friend of mine was convicted of a felony a few years ago, 2 years in prison. He's doing fine now, has his own business etc.

Question is...would he get in trouble coming over to my house for some rennovations with me carrying? Not that his PO would know, but I do have some long arms locked up in the gun cabinet and small bedside safe. I'm not worried about me, just him getting in trouble. He wouldn't be handling any of them.
 
Depends on his parole terms. But if all of your guns are under your name and legal I see no reason for him to be in violation.
 
As you said its pretty hard for him to get into trouble with his PO in your private house..........BUT you never know.

I think you should look up the laws, or HE should actually (its his deal) to be sure of what he can and can't do.

Often what sounds logical is NOT what the law states so caution is wise.
 
IANAL, but my $.02 is that if he's not handling any firearms, he would not have them in his possession, so he should be OK, as far as the firearms goes.

Probably the best advice is to ask him, as he should be familiar with the terms of his parole.
 
Heck, he could always call his PO and ask... Believe it or not, but some of those guys actually want their parolees to go back to living as normal a life as possible.

"Hey, a freind of mine wants me to come over and help him paint the kitchen. Dudes a hunter, so he's got some shotguns and stuff... I'm ot going to be breaking my terms if I go overthere, right?"
 
He's not supposed to be near anyone with a firearm unless they are a LEO.

can't you lock the gun up when he's around just to be safe and protect your friend.

the feds will proscute anyone for anything.
 
Thain has it right,since the PO will be the one who determines a violation,the SAFEST thing would be to ask the PO...No misunderstandings that way...;)
 
Thain has it right,since the PO will be the one who determines a violation,the SAFEST thing would be to ask the PO...No misunderstandings that way...

Not necessarily.

Here's a thread from another forum where they're discussing something similar. A man was convicted of a felony yet was told by his reigning authority that he could still own guns.
He couldn't.

http://glocktalk.com/forums/showthread.php?t=783309

When a deputy of the Mesa County Sheriff’s Department pulled over 60-year-old Bill Martin on the Interstate 70 Business Loop early Thursday morning, Martin assumed it merely was a routine traffic stop.

It was only when the deputy asked the Vietnam War veteran and owner of A-1 Repossessions to return to his home and business, at 518 Road 30, that Martin suspected something was amiss.

Rolling up to his home, just north of the highway, Martin spotted nearly a dozen marked and unmarked Sheriff’s Department cars and more than 30 officers, some dressed in full body armor.

“Oh man,” Martin said, “they had the SWAT team and guys in full masks and automatic weapons.”

He said the deputies told him they had executed a search warrant on his home and were there to seize more than 150 of his family’s guns, ranging from antique muskets to his hunting rifles.

“I told them not all of those guns are mine, a lot of them are family (guns),” Martin said.

Nonetheless, he said, the SWAT team emptied his hidden, walk-in gun vault and shorted out the door mechanism that opens his basement’s secret room.

“It’s a family gun collection — multiple, family gun collection, really,” he said.

According to the affidavit Sheriff’s Department investigators used to obtain a no-knock search warrant for Martin’s home and business, authorities began investigating Martin’s collection in mid-May after one of his guns, a .44-caliber Smith and Wesson revolver, was seized during a 2006 domestic violence incident.

During a May 15 interview, Martin told investigators he loaned the gun to Jody Haskell, the boyfriend of one of his employees, before it was seized.

During Martin’s conversation with investigators about how he originally bought the revolver and how he could get it back, he invited them to his house to show them his gun collection.

“Bill took us down a flight of stairs where the hallway turned left,” the search warrant affidavit said. “Bill activated a hidden device of some type located near the top of the wall, which caused a panel on the wall to move, exposing a room.”

Behind the false wall, investigators found “gun racks filled with what appeared to be in excess of one hundred firearms,” according to the affidavit.

When investigators learned earlier this week of Martin’s 1991 guilty plea to vehicular assault, they began drawing up the search warrant affidavit.

Under Colorado law, convicted felons are barred from owning or possessing firearms.

“I was told in ’91 and ’92 that I could have guns, I could go hunting,” Martin said. “No one has ever told me otherwise, and if I had known that, I would not have taken them downstairs.”

Martin said his probation officer told him he could own guns for hunting and home protection.

As the Sheriff’s Department hauled off his family’s gun collection and all of his ammunition, investigators told him they would let him know whether he would be arrested, he said.

In the meantime, Martin said he still is trying to understand why the Sheriff’s Department would use a no-knock warrant to search his home and business.

“I’m here, and I’ve got two dachshunds and a wife, you know? And then they have 30 SWAT guys descend on this house,” Martin said. “That’s overkill.”
 
There is a world of difference between a felon going to someone elses house where guns might be, and a felon living in a house with a hundred plus in a hidden Batcave.
 
It is a Federal law, anyone convicted of a felony can't own or be anywhere there are firearms unless they are on a LEO, antiques firearms are exempt from the fed law and some state laws.. If a PO tells anyone with a felony that they can handle a firearm, have them put it in writing and ask him if he'll do the time as it is another felony. do a quick search.
Ineligible Persons

The following classes of people are ineligible to possess, receive, ship, or transport firearms or ammunition:

Those convicted of crimes punishable by imprisonment for over one year, except state misdemeanors punishable by two years or less.
Fugitives from justice.
Unlawful users of certain depressant, narcotic, or stimulant drugs.
Those adjudicated as mental defectives or incompetents or those committed to any mental institution.
Illegal aliens.
Citizens who have renounced their citizenship.
Those persons dishonorably discharged from the Armed Forces.
Persons less than 18 years of age for the purchase of a shotgun or rifle.
Persons less than 21 years of age for the purchase of a firearm that is other than a shotgun or rifle.
Persons subject to a court order that restrains such persons from harassing, stalking, or threatening an intimate partner.
Persons convicted in any court of a misdemeanor crime of domestic violence.
Persons under indictment for a crime punishable by imprisonment for more than one year are ineligible to receive, transport, or ship any firearm or ammunition. Under limited conditions, relief from disability may be obtained from the U.S. Secretary of the Treasury, or through a pardon, expungement, restoration of rights, or setting aside of a conviction.

 
Can't own, yes.
Can't possess, yes.

But I don't recall any laws about proximity. Is a felon in violation if he eats dinner with someone he doesn't know is carrying?

There are THR threads about this, I believe - a felon can even live in a home with guns, as long as the guns are not accessible to him (ie safe that he does not have the combination to).
 
Martin said his probation officer told him he could own guns for hunting and home protection.

And we have believe that the parole officer said it was okay, because the convicted felon - after being caught with a hidden weapons stash - said so. And convicted felons always tell the absolute truth when busted for a weapons violation, right? I have never heard a heard of a convicted felon stretching the truth even a little bit in this kind of circumstance...

Do I have the logic right?

Mike
 
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