TN Felon moving in. Question.

[MonkeyWithAGun82]

I live in Tennessee as the thread title says. I'm a roommate of the house owner. We had another roommate but she broke the law and got a felony(nonviolent not that it matters). She did her time and probation and is clear of that. We know she can't have access to firearms due to still being a felon but she keeps swearing she can't even be in the house even if our guns are in safes she has zero access to and that TN troopers told her so. I believe her to not be telling the truth as she's an antigunner.

Problem is she's... Well I guess you could say "friends with benefits" with the other roommate. I don't believe TN is stricter than the feds but I am unable find anything that says so one way or the other. Until I can, the only alternative we'll have is off site storage facilities none of which around here have environmental controls and I don't want my SBRs and suppressors rusting. They're also really expensive. If I can find proof one way or the other he'll override her. Can anyone cite anything relevant? Thanks.

 

[Midwest]

I been reading the "Prison Talk" forums, and there a number of posts that said ex felons have been busted with the "Felon in Possession of a Firearm" just by being in proximity to a firearm or ammunition even if they have no physical way to access it. Some of sentences run from two or three years to 10 or 15 years from what I have read depending on priors. In some cases, the Feds can and have taken over prosecution from the State.
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[j1]

Call the local, state and federal police and ask your question.

 

[BSA1]

Find a different roommate. It sounds like she has done her time and doesn't want to risk going back to prison.

p.s. Telephone calls are worthless.

 

[strambo]

Start looking for a new place to live, this probably doesn't end well for you no matter how it ends up.

You aren't the one getting any and she's anti-gun....then there is whatever the law is on top of that, plus her freaking out about it, and the home-owner has a reason to keep her over you, choice is between your guns and his side action, you know how that is gonna play out.

 

[MedWheeler]

^^ This is the best, most down-to-earth answer. No other way to look at it.

 

[Swing]

Find a different roommate.

Start looking for a new place to live, this probably doesn't end well for you no matter how it ends up.

^ This. Your freedom, property, and time are far move valuable. Good luck.

 

[Red Wind]

Agree with Swing and others. There are just too many negatives and not a positive to be found for you in this situation.

 

[Sam1911]

We really can't help with the social issues, and getting into the relationships involved isn't our beat. About the most we should say here on that front is, "Guns and freedom are involved. Choose wisely."

We can discuss the legal factors, though. Anyone have further directly relevant words on how the law (state and federal) sees this situation?

 

[Schwing]

I am not sure why this would impact YOU. If they law states that she cannot be in proximity (which I'm not really sure it does), then would SHE not be the one with the issue?

Social issues and etiquette aside, she is the one with the problem IMHO. Personally, I'm not sure I would be moving out.

 

[Red Wind]

We can discuss the legal factors, though. Anyone have further directly relevant words on how the law (state and federal) sees this situation?

Yes, I have the same situation with a visiting felon.. When he comes over, I have all my rifles and ammo securely locked in a Stack On gun cabinet and all my handguns in an R+D bolted floor safe with a combination lock. He has no access to the keys or combo

This meets all Federal Laws (he is a Fed felon) according to BATFE.

 

[Frank Ettin]

The Federal Court of Appeals for the Third Circuit (Pennsylvania) let stand an indictment for aiding and abetting the unlawful possession of a gun by a prohibited persons in a situation in which a gun owner had a cohabitant who was a prohibited person. The point in that case, United States v. Huet, 665 F.3d 588 (3rd Cir., 2012), was that the gun the prohibited person was charged with possessing was not secured against the prohibited person's access, supporting both the prohibited person's conviction for unlawful possession of a gun and the indictment of his cohabitant. From the opinion (at pg. 593, emphasis added):

...on June 6, 2008, a valid search warrant (the “search warrant”) was executed on the couple‟s Clarion County home. Agents seized an SKS, Interordnance M59/66 rifle (“SKS rifle”) from an upstairs bedroom.

Although Huet is legally permitted to possess a firearm, Hall was convicted in 1999 of possessing an unregistered firearm, in violation of 26 U.S.C. § 5861(d), and is therefore prohibited from owning or possessing a firearm. After being informed of the raid, Huet allegedly told investigators that the guns in the house belonged to her and that it was not illegal for her to purchase weapons. Despite Huet‟s assertions that she alone possessed the SKS rifle, the Government sought and obtained an indictment charging Hall with illegal possession of the weapon, and Huet with aiding and abetting Hall‟s possession....

 

[Swing]

These Tennessee statutes appear to be on the topic.

 

[hatt]

These Tennessee statutes appear to be on the topic.

Looks like it is OK.

For purposes of this section, a person does not possess a firearm, including, but not limited to, firearms registered under the National Firearms Act, compiled in 26 U.S.C. § 5801 et seq., if the firearm is in a safe or similar container that is securely locked and to which the respondent does not have the combination, keys or other means of normal access.

 

[Sam1911]

That is the usual interpretation. Obviously a case where a rifle is just stored under a bed somewhere in the house would not meet that standard.

But what if the key to the safe is present in the house in a drawer or on a dresser? Or the combination to the safe is written on a post-it note on the side of the safe? rolleyes: ) What if your guns are out to be cleaned or packed to go to the range while the felon is present in the house?
Etc. Some potentially risky grey areas.

 

[LeonCarr]

What strambo said.

Move. Now.

Just my .02,
LeonCarr

 

[highlander 5]

First off NEVER ask a Leo on the law they enforce the law and there's no way that they could know what the law actually says. Talk to a lawyer in your area that specializes in firearms law and if possible print out the statue just in case. I have an LTC that allows me to carry a pistol with a high cap magazine and says so on the permit.
Several Leo's insist that I'm not allowed that luxury. So who do I believe the state that issued the permit or the cops?

 

[TimSr]

I'm not a lawyer, but it would seem to me that she is the one with the problem of not being able to return to the home while you have guns. I would look for another place to live, but keeping in mind that if the homeowner wants you and your guns gone, he would need to go through eviction proceedings against you. While you are looking, if they want your guns out, it would be their repsonsibility to pick up off-site storage costs until you move or are lawfully evicted. If you make it known you are keeping your guns in accordance with your original rental agreement, and that she should not enter I doubt you could be charged in most states, though your roomate could be for inviting her in.

 

[Red Wind]

But what if the key to the safe is present in the house in a drawer or on a dresser? Or the combination to the safe is written on a post-it note on the side of the safe? ( ) What if your guns are out to be cleaned or packed to go to the range while the felon is present in the house?
Etc. Some potentially risky grey areas.

I keep those on my person at all times.All time while the felon is residence,

 

[Red Wind]

What if the felon is your son, wife or daughter. Just see Matthew 6:14. That says it all.

 

[leadcounsel]

Living in someone else's home is aweful.

Find a new place to live. On the spectrum, this situation is presumably barely beneficial to you (a convenient and affordable place to live), and could be a non-event, or it could go horribly and terribly badly. Prison. Loss of guns. Criminal defense costs. Loss of rights. Felon status for you. Theft of your guns from her felon friends or her (felons are by implication at least bad decision makers, and probably worse- to get a felony conviction requires some work generally speaking because first timers can generally plead out to misdemeanors). Etc.

Cost/benefit analysis shows you marginally benefit from living there, but the potential costs are enormous. Move.

 

[Red Wind]

Living in someone else's home is awful.

These 7 words say it all,

Get out! :banghead:

 

[Archangel14]

I am a lawyer and I've run into this issue about 500 times. GENERALLY SPEAKING, if an offender who is on probation/parole has a "firearms restriction", meaning that they cannot have possession of or access to a firearm, it will often extend to the ability and "likelihood" of having access to a gun. Hence, if there is a firearm in her dwelling and law enforcement BELIEVES that she might have access to it, she'll be held in violation (not you). BUT, you run the very real risk of having your firearm confiscated. That's pretty much standard across state lines, as I understand it. A good analogy is the typical drug case: police raid a home and find meth in the dresser drawer. They arrest the husband, who claims it's not his, but his wife's. Wife claims it's hubby's. Who is LE going to believe? Neither, they arrest both, show evidence of possession, and charge both. If I were you I would get a small safe, place it in your room, place a note on it that states "Only Monkey has Access" and then throw a lock on your bedroom door. That's the best you can do if she stays.

 

[DHJenkins]

Our legal system is set up to deny 'freedoms', not grant them. It's a bit like being asked to find a law that specifically says it's OK to do 29.6MPH in a 35MPH zone. Odds are you will not find that codified anywhere because it is implied, not stated.

Basically, it's up to the roomie to prove it's illegal.

 

[Sam1911]

Basically, it's up to the roomie to prove it's illegal.

Sort of. But really what's being asked isn't is it illegal, exactly, but how is this specific situation likely to be enforced/interpreted. The text of the law may look (to you) like it isn't being clearly violated, but it may still be applied if certain other people feel it could be and local case law precedent says a case might succeed.