TN Felon moving in. Question.

[Frank Ettin]

...But really what's being asked isn't is it illegal, exactly, but how is this specific situation likely to be enforced/interpreted....

And that's a bit hard to pin down -- at least beyond a few general principles.

I've seen federal "felon in possession" convictions upheld when the defendant didn't necessarily have the gun in his hands but had read access to it. And I've cited a case in which a federal appellate court let stand an aiding and abetting indictment against a cohabitant who merely failed to secure her gun.

So perhaps the best we can do, at least as far as federal law goes, is suggest that the gun owner needs to do everything reasonably possible to prevent the prohibited cohabitant from getting his/her hand on the gun. So anytime the gun owner does not have the gun on his/her person, the gun should be locked in a case or safe to which the prohibited cohabitant does not have, or have access to, the key or combination.

And that might not be absolutely foolproof. Among other things, state law might set more stringent standards or a prohibited person on probation or parole might be subject to greater limitations under the terms of his/her probation or parole.

 

[WardenWolf]

I'm not a lawyer, but I would think getting convicted of a felony is usually grounds for a landlord to terminate your lease. I'm surprised the homeowner is letting her come back at all.

 

[Red Wind]

I am putting my money on the cabinet/safe (about $700) combo to keep me safe legally. For sure, there are no sure things in this imperfect world. So far, it has worked well..

Of course,disaster could be around the next curve. I think Vegas is with me.

 

[Neo-Luddite]

That's quite a whopper for a first-and-only (as yet) post to THR. I suspect you already know that it's time to move out of a situation that is going to deteriorate rapidly with ever-increasing drama and put you at risk. Don't let your actions and freedoms be dictated by remaining as the roommate of a convicted felon and (likely) anti-gunner. If you don't go of your own volition she will sooner or later have you exited to further fasten herself to her landlord and "Sponsor". My somewhat off topic and unknowing opinion, worth at least what it cost you is ----- GET THEE OUT!

Good Luck!

 

[Midwest]

This person in Tennessee got 15 years

(From a government site, public domain....may be reproduced)

http://www.justice.gov/usao-sdin/pr/tennessee-man-sentenced-possession-firearms-convicted-felon

"Tennessee man sentenced for possession of firearms by a convicted felon

Evansville – Josh J. Minkler, Acting United States Attorney, announced today that Jacob Roy Hammond, 23, Dover, Tennessee, was sentenced to 180 months (15 years) in prison by U.S. District Chief Judge Richard L. Young following his guilty plea to two counts of being a felon in possession of a firearm.

Immediately before sentencing Hammond admitted that on February 22, 2014, he was in possession of two loaded firearms that were later determined to have been stolen. The first, a Springfield Arms, model XD, .40 caliber semi-automatic pistol, the second, a Walther, model P22, .22 caliber semi-automatic pistol. Hammond also admitted that he had sustained multiple felony convictions in the state of Tennessee before his possession of these firearms.

On February 22, 2014, agents working with the Evansville United States Marshal Service conducted a fugitive search for Hammond at the request of Montgomery County, Tennessee, law enforcement officials. The defendant had an outstanding warrant in Tennessee for attempted murder after fleeing from local police officers. As a result of their search, the defendant was located in an Evansville hotel parking lot on North First Avenue with the two loaded firearms.

“My office has no tolerance for individuals who choose to break the law and illegally carry firearms,” said Minkler. “Those who do, should plan to spend time in federal prison.”

This case was the result of an investigation by United States Marshal Service, the Evansville Police Department and the Bureau of Alcohol, Tobacco and Firearms.

According to Assistant U.S. Attorney Todd S. Shellenbarger, who prosecuted the case for the government, Judge Young imposed 3 years of supervised release following Hammond’s release from prison. Hammond must submit to drug testing and treatment while on supervision."

Copyright Notice:

'Information generated by the Department of Justice is in the public domain and may be reproduced, published or otherwise used without the Department’s permission. Citation to the Department of Justice as the source of the information is appreciated, as appropriate. The use of any Department of Justice seals, however, is protected and requires advance authorization, as described below. With respect to materials generated by entities outside of the Department of Justice, permission to copy these materials, if necessary, must be obtained from the original source. For information on materials generated by external entities with Department of Justice funding, please refer to individual component policies. This copyright notice only pertains to the Department of Justice website.'
.

 

[Captain33036]

It just does not matter.

GET OUT NOW.

She is not your girl and it is not your house. LEAVE NOW.

Do you know why planes crash or boats sink? Most often it is because someone....long before the plane ever got into a situation where it *might* crash, made a bad decision. Nothing major or catastrophic, just the wrong decision. The next wrong decision made things just a little worse, then then next and the next, until there was finally no decision that could result in anything but a crash. They were... in extremis.

I cannot predict the future, no one here can. I cannot say what possible thing might happen...no one can.

All I can tell you, as a person with some experience.... never knowingly put yourself in a situation that could ever possibly lead to a bad outcome.

Get out now.

 

[Whacked]

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.

Best would be to move.

I was in a similar situation only the newly released felon was landladys son. He got in trouble again (domestic) and 6 squad cars of cops was in the home. My bedroom door had a deadbolt. Cops still made me leave my room, frisked me, then searched my room. No warrent. Totally forgot about the sword behind the door when asked if I had any weapons. Thankfully they didn't close the door and see it.

The way they acted I dont think a safe would matter. Thankfully the few firearms I had was split between a close friend and my parents.

I do not see any good from this. Move. Let landlord know reason why. Put it in writing.

 

[Frank Ettin]

The OP asked for information about the law. He didn't ask to be told to move.

So do not suggest that the OP should move.​

If someone has information about the legal issue, please chime in. If all you want to do is tell the OP to move, do not post.

 

[jlr1962]

I have not been able to live with another person that I am not sleeping with since I was 25. Their personal drama always took a toll on me for some reason. I don't see this as your problem. Your concern is understandable. Good luck.

 

[ChaoSS]

Others have suggested a door lock, and I would suggest that that would be a good idea, legally speaking.

For one, it may help your position that you are renting a separate area. If you are in an apartment complex, do you have access to all the guns owned by all the people in the building? Sure, it's not exactly the same, but the principle applies. You have your own space, that you are renting, that is under your sole control, and is locked. I'm assuming that you have a lease for this room and it's not a handshake roommate situation, right? That is your space, and since you should have it locked, she has no access to any of your room, not just the safe.

Second, considering what is reasonable access, if you can lock your room while you may have your safe unlocked, she can't reasonably gain access to them. If you are cleaning them, and leave the door unlocked, some might say that that is reasonable access.

 

[Highcaliber]

http://www.avvo.com/legal-answers/can-a-convicted-felon-be-in-the-same-house-as-a-fi-1553556.html

Excerpt:
"The convicted felon is playing with fire and can easily be burned. There is such a thing as "constructive possession", which means even if it is not on you, you are around it and know you are, (probably within reach), you can be held to be in possession. If the gun is in a place where only the owner has access, such as in a safe, and this can be proven, it might beat the rap, but not the ride. To the jail that is. I would not counsel a convicted felon to live anywhere there is a gun."--Criminal Defense Attorney