I am a new member intersted in learning shared interpretations of the "constructive possession" law relating to those with felony convictions. Specifically, can someone with a felony conviction reside in a home where loaded firearms are not stored in a locked location? The home and guns are not registered or owned in the felon's name, but he is living in the home. I would be very thankful for any input. I find myself going in circles with different opinions from law enforcement. Please give any suggestions on a more effective manner to post this question as I am unfamiliar with the site. Many Thanks!
Possession of Firearms with A Felon in the Home
- Thread starter theruids
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Sam1911
Moderator Emeritus
We kick this question around every once in a while. Here's one thread that might help you out: http://www.thehighroad.org/showthread.php?t=519863
Here's another: http://www.thehighroad.org/showthread.php?t=555147
Here's another: http://www.thehighroad.org/showthread.php?t=555147
Additionally if they are on probation or parole then law enforcement will have access at any time, no warrant necessary, to any area they have access to or that law enforcement can say they have access to.
This means law enforcement gets to come into your home and poke around whenever they want, no warrant needed, and with limited 4th Amendment restrictions.
Law enforcement love a place like that.
This means law enforcement gets to come into your home and poke around whenever they want, no warrant needed, and with limited 4th Amendment restrictions.
Law enforcement love a place like that.
The thing is that you will wind up going in circles with pretty much anyone. But you really do not want to be going around in circles with a judge on this.theruids said:
You can be on reasonably safe ground as long as the guns are kept in a locked safe or cabinet to which the convicted felon does not have a key or otherwise have ready access. Anything less than that, the easier it might be for the convicted felon to get his hands on one of the guns, the shakier the ground you'll be on, the more explaining you'll have to do and the more likely it will be that you won't be happy with the way things turn out.
I can think of no "secret safe harbor" to keep you (and the convicted felon) in the clear with the guns not locked up.
BSA1
member
Prohibiting felons on parole and probation to live in a home where firearms are present is a administrative policy by the Parole Board. Parole and probation are part of the felons sentence.
G. Gordon Liddy makes a strong argument against a resident of the home such as a spouse who is legally allowed to own a firearm being required to forfeit their right to have a firearm in the home.
G. Gordon Liddy makes a strong argument against a resident of the home such as a spouse who is legally allowed to own a firearm being required to forfeit their right to have a firearm in the home.
But can you document the terms and conditions upon which the spouse was allowed to keep her firearm?BSA1 said:
donny640
Member
A friend of mine ask me this yesterday because her husband is a felon and she wanted to get a hunting rifle. Her lawyer told her to lock it in a safe. I told her to lock it up in my safe.
BSA1
member
His comments are directed after the felon has completed their sentence. It probably goes along the lines of why I, as a citizen that has never been convicted of a crime, have to forfeit my right to bear and keep firearms in my home which I help pay for because my spouse was convicted of committing a crime which I had no knowledge of or involvement in. He also makes a argument that the Government does not have the right to deny members of the family their right to self-defense with a firearm.
He hasn't been on the radio in my area for along time so I unable to better expand on his arguments.
He hasn't been on the radio in my area for along time so I unable to better expand on his arguments.
It's not a question of his arguments. There are many arguments, but that doesn't mean that any of them work. And if his spouse was allowed to keep her gun, I strongly suspect that she was required as a condition to take certain actions to keep him from having access. What those conditions were is the question.BSA1 said:
gojuice101
Member
I actually questioned the BATFE on this one, because my dad is unable to own a gun (not a felon, just a misdemeanor domestic violence, many years ago). I wanted to ensure that I could get my C&R and actually be able to keep my guns in the house the way I like to (not locked up.) They basically said that since I was the owner of the firearms it didn't matter who else was in the house, and that I was not required to have them locked up.
Perhaps it is different when dealing with a felon or someone on probation, but the gun ownership laws are the same regardless of whether you have a felony or a misdemeanor domestic violence.
Perhaps it is different when dealing with a felon or someone on probation, but the gun ownership laws are the same regardless of whether you have a felony or a misdemeanor domestic violence.
Personally, I would not trust that if it was something verbal or on the telephone. I'd want a formal, written determination letter.gojuice101 said:
smalls
Member
Isn't it the felons responsibility to stay away from guns? I don't see how a felons spouse (or any other non-felon) living in the house shares any of that responsibility.
bikemutt
Member
I ran into the situtation last week of having a felon in the house. He's performing remodeling work for me and, when I invited him to join me after work for some range time, he disclosed his impairment. He will be eligible to have his right to possess restored but not until two more years have passed. I don't have a safe at this particular house as I don't live there yet. I normally have just a self-defense weapon and a range gun or two when I'm there. Now I'm starting to wonder if I need to change things up since I know he is prohibited and, even though he appears to have no desire whatsoever to possess a gun, in the same way that he could be accused of contructive possesion, could I be accused of furnishing a felon with a firearm?
I see a safe in my future.
I see a safe in my future.
According to the Third Circuit it is.
There is actually some case law on the matter...and it's not terribly good for the moment at least
http://www.volokh.com/2012/01/06/the-second-amendment-and-housemates-of-felons/
It looks like that under that ruling someone with a cohabitant who is a prohibited person can be charged with aiding and abetting the unlawful possession of a gun by a prohibited person if the gun is kept in such a way that the prohibited person has ready access to it.gfanikf said:
Yeah, that's the law for the moment in the Third Circuit which comprises of Delaware, NJ, PA, and oddly enough the US Virgin Islands.
smalls
Member
So in the third circuit, so long as the guns are locked up with the felon having no access to them everyone is OK.
No guarantees, but it looks that way. Also, I would not be surprised to see other Circuits adopt similar positions.
cassandrasdaddy
Member
- Joined
- Jul 1, 2006
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and god forbid but in va if a felon uses a firearm in self defense hes ok. course guy hada go to jail and get the ruling on appeal from the state supreme court
BSA1
member
Frank,
Who would have the authority to set conditions on a felon or the felons family after he/she as completed their sentence and discharged by the the Department of Corrections?
Since the felon is no longer under administrative supervision there would have to be a law to cover a situation.
Who would have the authority to set conditions on a felon or the felons family after he/she as completed their sentence and discharged by the the Department of Corrections?
Since the felon is no longer under administrative supervision there would have to be a law to cover a situation.
I've always wondered if you have a concealed carry permit and you're giving a felon a ride, will either of you get into trouble if you got pulled over at the time?
I don't have a concealed carry permit or tons of felon friends so the question is strictly academic, I've always been kind of curious.
I don't have a concealed carry permit or tons of felon friends so the question is strictly academic, I've always been kind of curious.
Possibly the U. S. Attorney as part of an agreement not to prosecute.BSA1 said:
There's a good chance you'd be okay as long a the gun was on your person and thus under your control.Kiln said:
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