Living with a Felon(Florida).

[BarkingSquirrel]

Long story short, after being laid off, blowing through my savings and having to sell my house; I'm having to move in with my brother until I can get on my feet again.

Now hes got atleast one drug based felony which means he can not possess a firearm. Some people are telling me that I can't live with him because I own firearms. Some people say the opposite.

Is it true that I would have to give up my guns since I have nowhere else to go besides his house, thus no choice? If it is true, how is that not a violation of my rights?

 

[NavyLCDR]

You must keep your firearms inaccessible to him. They must be locked up in a safe only you have the combination to or locked in a room/closet that only you have a key to. And under no circumstances are you to give permission for the police to enter the locked safe or locked room.

If it is true, how is that not a violation of my rights?

Even if it was true, it would not be a violation of your rights. You have the right to live somewhere else.

 

[SASD209]

Have you perhaps consulted the local law enforcement agency or read the applicable local laws? No offense to anybody here, but if you're going to make a major life-change like that, you should do some responsible (non-internet forum) research into it. Good luck!

*edit* The NRA also has some good info:
http://www.nraila.org/statelawpdfs/FLSL.pdf

And here after a simple google search is a link to FL firearm laws along with contact info:
http://www.gunlaws.com/links/linksfl.htm

 

[NavyLCDR]

Here:
http://www.jacksonvillecriminaldefenselawyerblog.com/gun-crimes/possession-of-a-firearm-by-a-c/

Additionally, if the spouse keeps the firearm in a secure location in which the felon does not have access to it and could never gain access to it, the convicted felon would not have any ability to control the firearm and could not be in possession of it. For example, a woman owns a firearm and keeps it in a locked safe. The safe is bolted down to the floor in a room in her house that is kept locked. Her husband is a convicted felon. He does not know the combination to the gun safe and does not have a key to the room. Thus, it would be absurd to believe that he is in constructive possession of the gun. On the other hand, if the gun is kept in a box in the couple's bedroom closet that both people share, the state would have a better argument that the Jacksonville convicted felon was in possession of the firearm.

I am in no way stating that storing a firearm in the manner provided above will resolve a Jacksonville convicted felon from criminal liability. However, it would create a better defense. Therefore, his Jacksonville Criminal Defense Attorney would have a better chance at getting the charges dropped or winning the case at trial.

Posted by Jacksonville Criminal Defense Lawyer Cynthia M. Veintemillas

Also, seeking legal advice from a law enforcement agency is second in bad idea only to seeking legal advice on the internet!

 

[AWorthyOpponent]

Best way to avoid all this headache is to have you sign a lease (could even be a month to month simple lease that can be terminated at any time, for any reason, by either party) for the bedroom that you will be living in. If you do this, it is considered your home, and a separate section of the house that he can not access as your "landlord" (put a lock on it).

After speaking to a friend of mine that is a lawyer, this is what he recommended.

 

[stickhauler]

Best way to avoid all this headache is to have you sign a lease (could even be a month to month simple lease that can be terminated at any time, for any reason, by either party) for the bedroom that you will be living in. If you do this, it is considered your home, and a separate section of the house that he can not access as your "landlord" (put a lock on it).

Not really technically accurate. In any rental/leasing situation, the landlord has the right to enter the dwelling if necessary to avoid damages to the dwelling, like if there's a water or gas leak(or if they feel the resident is injured or ill, and needs help in a life threatening situation). Get a cabinet at least, lock your guns in it, with only you holding the keys. That covers all the bases.

I worked apartment and condo repair for several years, in several states. We could not enter a dwelling for no reason, but if they requested something fixed in the place, or there was some possibility of damage to the dwelling or contents because of a water or gas leak, or thought the resident to be injured, we could enter at will.

 

[ArchAngelCD]

I would ask a local lawyer, not the police.

 

[BADUNAME37]

I have nothing to add, since all are great responses.
If I were in your situation I would heed every one.

Especially notable are to ask an attorney and not the police and having a secure safe, bolted to the floor to which only YOU have any type of access whatsoever.

 

[Old Shooter]

Tough situation but it will get better, just take it day by day for now.

Regarding the guns, do you have any friends or relatives that might store them for you until you get your own place again?

In a similiar situation I rented a small storage unit, closet sized, and kept mine in there. Cost was only about $25 per month.

If you need to keep them with you the responses above seem to have discussed a lot of other options.

Good luck

 

[Quoheleth]

Maybe a better question is to ask your brother what he would prefer. Since he's the felon, with firearms in his home (which is apparantly in his name) he is the one who has a lot more at risk.

Another option: rent a storage locker and store your firearms in there. Yeah, it takes money ($30/month or so) but it beats a government-funded 6'x8' home or the removal of all rights and privileges.

Q

 

[brboyer]

Have you perhaps consulted the local law enforcement agency or read the applicable local laws? No offense to anybody here, but if you're going to make a major life-change like that, you should do some responsible (non-internet forum) research into it. Good luck!

*edit* The NRA also has some good info:
http://www.nraila.org/statelawpdfs/FLSL.pdf

And here after a simple google search is a link to FL firearm laws along with contact info:
http://www.gunlaws.com/links/linksfl.htm

No need to contact law enforcement or check local applicable law (no such thing in Florida) as they have nothing, at all, to do with firearms possession in Florida.

 

[SASD209]

"No need to contact law enforcement or check local applicable law (no such thing in Florida) as they have nothing, at all, to do with firearms possession in Florida."


OK, I wasn't aware of that (local laws), but since the law are the ones who will be performing any arrest functions (if it comes to that), surely they may know something about this issue or could give some advice? Maybe not.

 

[saltydog452]

I gotta say it.

Our best family friend is a convicted felon.

He was accused and arrested. While in confinement waiting on bail, he successfully resisted aggressive advances by other overnight 'guests' of the county.

That is a felony.

Records are in the public domain.

We're not supposed to resist or fight back.

He and his bride are two of the most reputable, and 'stand-up' people that I have had the honor of their aquaintence.

salty

 

[FLAvalanche]

I would ask a local lawyer, not the police.

Sometimes even worse than asking the police.

I'm a firm believer that the only person you should be asking for explanation of Florida laws is your local State Attorney's Office. While local lawyers and police can't possibly know all the laws, the State Attorney is the one that will be making the case against you in court should you be arrested.

 

[CapnMorgan]

in ohio, my father was released from prison and allowed to stay with me after his parole officer inspected my home and gun safe/storage arrangements. I keep everything locked up in a fire rated safe at all times due to the fact that I have children and common sense. I do have a ccw and keep a pistol on me alot of the time or in a small keyed fire safe on my night stand and the P.O. did frown a lil but approved for him to reside with me until he got on his feet.

He was imprisoned for a weapons/drug charge.

Sorry to hear about your misfortune, good luck getting back on your feet.
I would check local laws. Library would be a good place to check.

 

[Bluehawk]

The law not only pertains to firearms but to ammuntion as well...it can not be accessible to a felon.