kingpin008
Member
That's 100% wrong. The firearms simply must not be accessible by her. So buy a safe, and don't give her the keys. And when you shoot, don't let her shoot. Voila! Non-accessible firearms.
What would you do if your wife got a felony?
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That's 100% wrong. The firearms simply must not be accessible by her. So buy a safe, and don't give her the keys. And when you shoot, don't let her shoot. Voila! Non-accessible firearms.
henschman
Member
I think I would probably go with civil disobedience on that one.
NavyLCDR
member
Coyote3855 said:
So then we need to get rid of all firearms everywhere for the sake of the felons. Your spouse would have no more access to firearms that are stored in a locked safe in your house (that they did not have the key/combo to) any more than your spouse would have access to my firearms in my safe.
If what you say is true - than anytime a felon goes anywhere that there are guns in locked storage - they have possession of those firearms because they can touch the safe they are locked in. That doesn't pass any kind of common sense check at all.
AND how would the police verify there were firearms in the safe anyway?!? I am not giving them access to it. They would have to get a search warrant, to be served on the felon, and the felon would not be able to provide them access to the safe either because they wouldn't know the combination to the safe or have a key!
Carter
Member
In NC a DWI is a felony when its habitual DWI, 3 convictions already. Therefore, I'm sure I'd have already kicked her to the curb by then.
But on a serious note, I'd store them where she couldn't have access. I'd also try to get the best lawyer I could afford and try to get the charges reduced to a misdemeanor.
zxcvbob
Member
It's none of the officers' business what is in my safe unless he has a search warrant.
While I'm not disagreeing with you, since I am not familiar with your state of residence, be aware that a Parole agent's ability to search is not as limited as a LEOs'
wyocarp
Member
This is true.
I would certainly fight to be able to keep my guns in a locked safe that wife can't get into.
Carter
Member
While I'm not 100% sure on this, I believe if you could show that it was an area your wife has no control over then the probation/parole officer could not do a warrant-less search of it. I would think the same 4th amendment rules would apply as when the police are searching with one party's consent the police still can not search an area where the absent party has sole control and an expectation of privacy, like a locked study.
Probation/Parole does reserve the right to do warrant-less searches of the residence, but I'm sure you'd have a good argument against a safe that she has no access too, good luck proving that though. I'm sure they'd bully you until you "complied".
kaferhaus
Member
what folks are forgetting is it isn't about you.... it's about the wife. The authorities aren't concerned with what you do it's what she does and what they perceive she has access too.
to them, she doesn't have to live there. that's her problem not theirs and your issue with your guns doesn't come into play.
SHE can't have access regardless of what your rights are or what you want. you don't matter. parole officers have wide discretion on what they perceive as access or acceptable living arrangements
You would have no standing before the court to even bring a challenge....
And the "my room" scenario isn't gonna wash in the case of husband and wife. It's her house too.... you cannot have separate control over a room she owns in joint tenancy....
Now I realize all this sucks but it is what it is.
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brboyer
Member
The parolee's stuff, person, room, etc. Another person's room/personal property, not so much.
I am not questioning your ability but you are not the mozart of shooting and probably not even the bobby brown for that matter
.If you guys are married to someone who you would leave for you firearms why get married? Dont get me wrong it would be tough to give up shooting but I could find another hobby my hobby that just happens to offer protection.
I have only been with my girl for 9 years but I would give up oxygen for her. I know that isn't very manly of me but it is what it is.
kaferhaus
Member
Well said, the faux testosterone levels of this board can be amazing at times....
leadcounsel
member
I think the restraining order point is that they are not hard to get. In most states a TRO (Temporary Restraining Order) or protective order is granted pending a hearing. This strips the person of gun rights pending the hearing. Lose the hearing and it's made permanent and hard or impossible to change.
To answer the OP - you'd just have to do everything in your power to fight it.
If she were convicted of a felony, she'd go to lockup. Would your marriage survive 1, 3, 5, 10 years of prison for your spouse?
If it did, she'd be an ex-con when she gets out. Probably have significant $ problems after. But as long as she isn't in possession of a firearm or ammo, or have constructive possession, you'd be fine. But the practical matter means you'd have to keep all guns and ammo locked up out of her access or on your person at all times. Or you'd be in trouble for providing a firearm to a felon.
Same rules, basically, as for having underage kids who cannot lawfully possess handguns...
To answer the OP - you'd just have to do everything in your power to fight it.
If she were convicted of a felony, she'd go to lockup. Would your marriage survive 1, 3, 5, 10 years of prison for your spouse?
If it did, she'd be an ex-con when she gets out. Probably have significant $ problems after. But as long as she isn't in possession of a firearm or ammo, or have constructive possession, you'd be fine. But the practical matter means you'd have to keep all guns and ammo locked up out of her access or on your person at all times. Or you'd be in trouble for providing a firearm to a felon.
Same rules, basically, as for having underage kids who cannot lawfully possess handguns...
kingpin008
Member
It's not about manliness - it's about being a keyboard commando and the ability to prioritize human interaction and family bonds over hunks of steel and plastic.
Don't get me wrong - I'm 100% supportive of guns and gun rights - but when an individual is ready to drop someone they care enough about to marry, at the drop of a hat in deference to inanimate objects, there's something wrong there IMHO. Especially when the response is "they'd be gone in a heartbeat" rather than "I'd fight to help (insert loved one) regain their rights until every possible option was explored."
you know....i really didnt realize thats how it came across until just now....
haha...when it comes to shooting...i probably rank a high school band member....
my aim with that statement was to emphasize my dedication.....not my skill.
if you took mozart away from music.....i really dont see him picking up anything else......
and i hold my shooting more dearly than any relationship....
i have no problems leaving people...ive up and left close friends before without so much as a goodbye.....
i honestly dont think ide have a problem leaving someone behind if they came between me and something i loved.
deafdave3
Member
Who's "Bobby Brown"?
brboyer
Member
I think that the statute that is being referred to for providing a firearm to a felon is 18 USC 922.
Still, if your wife was convicted of a felony, she would be prohibited from possessing a firearm. Possession being the operative word. If accessibility equaled possession, your wife could arguably be arrested for being a felon in possession of a firearm because she was standing next a police officer who had his pistol in it's holster. Although there are a few criminal statutes that omit the necessity of an intent element, the Federal Supreme Court has held that, generally speaking, intent is a necessary element of just about any crime, save those that apply to filing taxes, certain sex offenses and statutes that are regulatory in nature. In other words, she can't, or shouldn't be charged with being a convicted felon in possession of a firearm unless they can prove that she intended to possess them. This applies whether it would be an indictment for being a felon in possession of a firearm or a probation/parole revocation proceeding. Of course, revocation proceedings take place before a judge in my state and it seems that a judge is easier to convince than a jury is.
In the real world, it is often the best course to avoid the near occasion of sin and remove all doubt by just not having any guns nearby. The next best thing is to have them locked up so that she can't get to them. I've tried several cases involving the charge of being a convicted felon in possession of a firearm and won quite a few of them. Still, it's always my advise to avoid having to put your future in the hands of twelve strangers who may or may not care or worse, may not like guns at all.
I do remember one case in particular that I ran across, wherein a guy was charged with possession of cocaine. The state statute at the time made it illegal to possess a controlled dangerous substance, whether you knew that you had it or not. Access equaled possession for the most part. The State Supreme Court found that portion of the statute to be unconstitutional.
Still, if your wife was convicted of a felony, she would be prohibited from possessing a firearm. Possession being the operative word. If accessibility equaled possession, your wife could arguably be arrested for being a felon in possession of a firearm because she was standing next a police officer who had his pistol in it's holster. Although there are a few criminal statutes that omit the necessity of an intent element, the Federal Supreme Court has held that, generally speaking, intent is a necessary element of just about any crime, save those that apply to filing taxes, certain sex offenses and statutes that are regulatory in nature. In other words, she can't, or shouldn't be charged with being a convicted felon in possession of a firearm unless they can prove that she intended to possess them. This applies whether it would be an indictment for being a felon in possession of a firearm or a probation/parole revocation proceeding. Of course, revocation proceedings take place before a judge in my state and it seems that a judge is easier to convince than a jury is.
In the real world, it is often the best course to avoid the near occasion of sin and remove all doubt by just not having any guns nearby. The next best thing is to have them locked up so that she can't get to them. I've tried several cases involving the charge of being a convicted felon in possession of a firearm and won quite a few of them. Still, it's always my advise to avoid having to put your future in the hands of twelve strangers who may or may not care or worse, may not like guns at all.
I do remember one case in particular that I ran across, wherein a guy was charged with possession of cocaine. The state statute at the time made it illegal to possess a controlled dangerous substance, whether you knew that you had it or not. Access equaled possession for the most part. The State Supreme Court found that portion of the statute to be unconstitutional.
I would take the unmentioned option: moving someplace gun friendly (central America) and outside the US. I love my wife and I take serious the responsibility to protect my family. That option would be the best option to allow me to maintain the proper relationship with both my wife and the responsibility.
You know. I don't think that I've addressed the actual question of what would I do, if I were in this situation. I've been in two altercations involving gun fire and I wouldn't be here if it wasn't for my having a gun at the time. The police would have arrived in time to call the coroner and neither person(s) was caught. So, yeah, I take it seriously. I'd first petition my chief LEO to grant her a permit, which is permitted where I am. If that is denied, I might be moving in next door to IlikeSA. What the heck, I've done a lot of different things in my life. Getting a job wouldn't be a problem. If need be, I could be a gigolo. I'd be willing to take one for the team.
Broken Anvil
Member
My ex is on her number 6 DWI.......notice I said EX. Got rid of her on number 2.
Here in Louisiana they just send you to rehab and give you a hardship license. And we wonder why we have the highest insurance rates in the country.
Here in Louisiana they just send you to rehab and give you a hardship license. And we wonder why we have the highest insurance rates in the country.
deafdave3
Member
West Florida Republic????
Unless you meant the Florida Parishes?
robertbartsc
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My mom went to grammer school with G. Gordon Liddy. At age 10, he put his hand over a lit candle and held it there for several seconds - severely burning his flesh.....
....recently he had a conservative talk radio show, but that was about 5 years ago.
...not sure what Gordo is up to now....
....recently he had a conservative talk radio show, but that was about 5 years ago.
...not sure what Gordo is up to now....
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