Need help with a gun law

[typevx]

Followup message to everybody:

hmm I'm definitely going to talk to a lawyer about this situation, but for now I've put my guns at my mothers house. I do have a lock on my door but no safe as of yet.

but as for moving out, that not an option this is the best financial situation available and I can't move back into my mother's house because she doesn't have any room, besides this guy is my friend of 9 years and he's definitely not a druggie.. he got his felony for selling drugs not doing them, it was a simple mistake he made right out of high school that cost him over $10,000 in fines.

I tell him to get his felony expunged (basically legally removed) which would solve this whole problem.. but it's expensive to get an expungment lawyer... atleast that's what I've heard.

but regardless thanks to everyone for all the advice, I'm going to go read up on my state laws and then talk to a lawyer to protect both me and him.

Thanks

Original Post:
I know felons aren't allowed to have firearms, but what if your roommate is a felon (drug charge 7 years ago, non-violent) and you stay in separate rooms... is that illegal? would the cops take my guns if they found out? what should I do?? also if he had ever marijuana in the house would they confiscate my guns? HELP!!

thanks

 

[Henry Bowman]

what should I do??

1. Find a new room mate.

2. Keep you guns and ammo locked in a gunsafe.

3. Ask your room mate to not do illegal things that are likely to make the police come to your place and want to look around.

4. Save money to pay an attorney at some point in the future.

 

[Solo Flyer]

1. Find a new room mate.

Do this and Mr.Bowman's 2-4 become mute.
Please follow his advice.

 

[typevx]

I'm not really in a position to move out... should I just store all my guns and ammo (and leave my carry in my car) somewhere else like my mother's house??

but really would the police confiscate my guns even if they are all secured in my room just because he had a drug felony 7 years ago??

I tell him he should get an expungment lawyer and get that felony expunged.

I REALLY need to know that exact law because I can't move out. hmm.

 

[esq_stu]

1. Have a a lease that clearly says your room is exclusively yours;
2. Your room must have a solid lock to which your roommate does not have a key.
3. You must keep the door locked at all times when you are not in your room.
4. Keep you guns in a safe to which only you can access.
5. Get a lawyer in your state to verify that these steps will avoid "constructive possession" on the part of your room mate.

The one time that you leave the safe or your room unlocked an unattended will be the time the police arrive or you roommate decides to borrow a gun.

 

[typevx]

oh yeah and leaving my carry somewhere else is not an option considering a crackhead shot and killed 2 people a block from my house for less than $50 and the cops still haven't found him... they know he's still in the area b/c his crack dealers have seen him... and I gotta protect myself.

 

[RONSTAR]

I think its a pretty stupid idea to have some druggie as a room mate. Id find somewhere else to reside if I were you. Either that or kick him out. Just my .02
By the way Im not sure but I think having a firearm in the presence of an illegal substance is a felony. To top that off I bet they would throw the book at you.

 

[typevx]

Quote:

1. Have a a lease that clearly says your room is exclusively yours;
2. Your room must have a solid lock to which your roommate does not have a key.
3. You must keep the door locked at all times when you are not in your room.
4. Keep you guns in a safe to which only you can access.
5. Get a lawyer in your state to verify that these steps will avoid "constructive possession" on the part of your room mate.

end quote

_________________________

I like these suggestions and I will contact a lawyer to check out the "constructive possession"

thanks everyone especially you esq_stu
peace

 

[Solo Flyer]

oh yeah and leaving my carry somewhere else is not an option considering a crackhead shot and killed 2 people a block from my house for less than $50 and the cops still haven't found him... they know he's still in the area b/c his crack dealers have seen him... and I gotta protect myself

typevx,is there no way you cannot move and find a better neighborhood and non felonious room mate?
It's sounds like you are ripe for a "Perfect Storm" disaster which can ruin or end your life.
There has to be better alternatives than your status quo.

 

[typevx]

he doesn't do drugs anymore (that I know of) but he does drink. he swore off drugs when he got arrested.

 

[typevx]

solo, this is actually a good neighborhood considering my area and I can't afford to live anywhere else.

 

[Old Fuff]

A hint:

No one can give you specific information about the legal situation unless they know what state (and maybe larger city) you live in.

As a general rule of thumb you must be able to prove that your roommate could not, under any circumstances, gain access to your guns and ammunition.

 

[223_AR]

My ex-wife's brother has released from prison having beening a convicted felon and he went back to live with his father and his parole officer told him that he had to get rid of any guns and ammo that where in the house because of his sons felony and the he lived there. So he did, expect for the few .22 rounds that where left in his sons room which was a FILTHY mess. There was no way of telling what was in that room. Well he started having partys while his dad was at work and eventually the house got raided and they put him back in prison on a parole violation. And the parole violation was possession of a firearm/ or ammunition as a felon. So i guess to make a long story short, GET THE HELL OUT OF THERE, or kick him to the curb.

 

[RONSTAR]

he doesn't do drugs anymore (that I know of) but he does drink. he swore off drugs when he got arrested.

Then why would you suggest he might have weed in the house? In my experience people who dont use drugs defenitly dont have them around the house ocasionally.

 

[typevx]

I'm going to move my guns out of here tonight untill I find out the laws and talk to a lawyer

 

[RONSTAR]

Thats probably a good idea for the moment untill you get them back carry mace and keep a bat next to your bed its better then nothing

 

[Nate C.]

He might be a great guy and fully rehabilitated, but it sounds like a recipe for trouble to me. You should evaluate what you consider to be priorities in your life, and act accordingly. Is your current living arrangement, rent, convenient location, or loyalty to your roommate worth more to you than the potential for facing felony charges at state and/or federal levels with all of the consequences they entail? All it takes is the wrong person seeing the wrong thing at the wrong time and things go from there.

It's your life; therefore it's your decision.

 

[esq_stu]

I once had a case where the defendant rented a room in her house to a person that used the room to "cultivate" (grow marijuana). Prosecutor charged both the "landlord" and the tenant with cultivating, a felony. Under the law, if the landlord had access to the room, she would be "construed" to be in possession of the plants (hence, "constructive possession").

 

[chieftain]

solo, this is actually a good neighborhood considering my area and I can't afford to live anywhere else.

According to your own description of the situation, you can not afford to live there either. It's called deferred payment. You talk about storing your weapons at your mothers. Why don't you store 'YOU' at your mothers?

My experience is that present and former drug users, always tell the truth about not using drugs. All the time.

What is your personal freedom worth? It's Americaa, you get to choose. Choose wisely, it could cost you the rest of your life. Even if you get rid of your guns.

Choices, just understand that almost choice has consequences, you get to choose. This is about you, not your roommate.

One choice could end up with you spending the rest of your life saying, "I should have got a way from him." then again, maybe not, what do I know. Again, your Choice.

Go figure.

Fred

 

[nicki]

Substance abuse

You need to first let members of this board know what state and city you are in, it really effects the advice we can give.

Right now we have to operate from the absolute worst case scenario.

Take pot, in California, 100 dollar fine, nothing if you got a medical marijuania card, hell you can grow 6 plants.

Go across the border to Arizona, it is a potential Felony. Few years ago, minor possession in Nevada was a Felony, been changed to a expensive misdemenor now.

Drugs and Guns legally are a bad combo, it is just where you are will determine how bad.

As far as your rights, you roomate did dumb things, you didn't.

Nicki

 

[Henry Bowman]

but really would the police confiscate my guns even if they are all secured in my room just because he had a drug felony 7 years ago??

As others have noted, we don't even know where you live. As far as criminal prosecution goes, the felon room mate is at much greater risk than you . . . probably.

 

[ilbob]

A lot depends on just how you store the firearm. If it is kept in a locked room inside a locked safe and the felon has no access to either, the likelihood is that you are probably OK. IANAL so you might want to confirm with a real lawyer in your state that you are good to go.

Does Mr. Felon know you have the gun(s)? The sad part is that most of the time there is no such thing as a reformed druggie. They clean up their act some, but the habits are hard to break, and especially the scum they tend to hang out with is hard for them to get away from. I might be more concerned with his associates than him.

Even if Mr. Felon is completely reformed, there is some chance you could be putting him at some inadvertent risk.

 

[Aguila Blanca]

I had the same thought as ilbob -- even if you can be assured that your roomie is 100% reformed and clean, can you be 100% assured that he absolutely never, ever associates with any other drug users? Drug users who just might think a nice rifle or handgun would be a great way to pay for the next hit?

If you absolutely can't afford to move out, then you absolutely can't afford to keep your firearms in that apartment (or is it a house?).

And, please ... don't even consider leaving your carry piece in the car overnight.

besides this guy is my friend of 9 years and he's definitely not a druggie.. he got his felony for selling drugs not doing them, it was a simple mistake he made right out of high school that cost him over $10,000 in fines.

So, your pal is a dealer, not a user. Is this supposed to make us think more highly of him? "Simple mistake"? Dude, I could maybe come around to considering smoking an occasional roach as a "simple mistake," but a 4th grader knows that selling drugs is a felony. He was dealing when he was old enough to be considered an adult. That wasn't a "simple mistake," that was a conscious decision to break the law because he thought he was smart enough to not get caught. Turns out he wasn't smart enough. His "mistake" wasn't dealing, which was a choice. It was being dumb enough to get caught.

I'm sorry. I do not view this as a "simple mistake." However, it doesn't matter. What matters is that he has (apparently) a felony conviction on his record that prevents him from possessing firearms or ammunition. Period. So if there are guns in the house and he at any time has access to them (or could have access to them), that could be viewed as constructive possession. He's the one who would be charged, not you ... but your guns would probably be taken in as evidence. Whether or not you'd ever see them after the trial is perhaps arguable.