Felony question regarding home

[irishfan]

I have a friend that made a stupid mistake and payed for it and was charged with a D felony. It was not a violence related and was with the wrong crowd at the wrong time and arrested with them. What I am wondering is if it is illegal for them to be at my house which has guns since they were arrested on a felony charge. The charge can be changed to a misdemeanor after a year probation but for now it is still a felony.

So, is it illegal for them to be at my house even though they will not handle any firearms? Also, for my own curiosity is it illegal for a person to use a weapon in self defense if they are a non-violent felon as long as they aren't carrying it or it is theirs?

Thanks

 

[Scarnucci]

You said charged...not convicted. Is the process still ongoing?

An Indiana prosecutor I know said that the law on felons not having guns in their own homes is a federal law, not a law in the state of Indiana. Technically only federal agents can enforce that law, not agents of the state. IANAL DYODD.

I would suggest that you dont invite any federal agents into your home and you should be fine.
(Hell, keep the state and local police out and you should be golden)

I think you asked if your friend can be in your house...I dont see why not. Friends bring their kids over and I have alcohol in my house. I just dont give any to the kids. No matter how much they beg.

 

[Mr. Habib]

It's not illegal for them to be in your home as long as they are not in actual possession of the gun. Think of it like this. A convicted felon can go into a sporting goods store and walk right past the gun cases to look at the fishing gear and be perfectly legal. He can even stop to look at the guns in the case, but the moment he handles one, he is breaking the law. Inside your home would be no different, as long as you were there. If you left him there alone with access to the guns, that would be a different matter.

To answer your second question, to use one he would, by definition, first have to possess it, so it would therefore be illegal.

 

[irishfan]

You said charged...not convicted. Is the process still ongoing?


I would suggest that you dont invite any federal agents into your home and you should be fine.
(Hell, keep the state and local police out and you should be golden)

Process is over and court is done. They have a year of probation then they can petition to have it removed to a misdemeanor. Also, there will be no alphabet police in my home at any time. I keep everything locked up except my carry gun which is my bed side gun at night as well so that is not an issue either.

I am just unsure of how the laws worked as far as being around weapons after an arrest. Mr. Habib makes a good point as well about the handling of the weapon.

 

[vitamink]

He's fine as long as it's your house and he doesn't live there, get mail there or anything else that could be construed that he is a resident in your home. If the cops show up and he's not holding your gun, loading your magazines or anywhere near a gun that may lead them to believe that it's in his possession (like laying on the table in front of him) then he's fine. If you two are in a car together, as long as the gun is in a holster on you, and not tucked between the two front seats then you're fine.

Scarn is unfortunately incorrect in his information. You can be locked up all day long for being a felon in possession of a firearm by anyone with police powers.

 

[JBusch8899]

You might be confusing presence, and possession.

There is no issue with a felon present in the physical location of other firearms and ammunition, but evidence to support that a person to be in possession of a firearm is entirely another.

Its important to remove the very possibility of such occurring, by being proactive and vigilant to protect your friend, as well as yourself.

Remember such legal assumptions such as if he is the operator of an automobile, he is deemed to have control of everything within it. This would also include firearms in the trunk, even if you are also present in the car. While the subsequent actions by the prosecution and/or the court might rule in your favor, the money and time spent to endure such and receive your firearm back, is not worth neglecting the proactive approach.

 

[vitamink]

You might be confusing presence, and possession.

There is no issue with a felon present in the physical location of other firearms and ammunition, but evidence to support that a person to be in possession of a firearm is entirely another.

Its important to remove the very possibility of such occurring, by being proactive and vigilant to protect your friend, as well as yourself.

Remember such legal assumptions such as if he is the operator of an automobile, he is deemed to have control of everything within it. This would also include firearms in the trunk, even if you are also present in the car. While the subsequent actions by the prosecution and/or the court might rule in your favor, the money and time spent to endure such and receive your firearm back, is not worth neglecting the proactive approach.

what he said ^^^

 

[irishfan]

I keep them all locked up except the one that I carry or have by the bed at night so that should not be an issue. The law is pretty clear about them not carrying weapons but I was not sure about being in the same place even though they are not the owners. So let me throw a hypothetical out there.....if someone has a felony and stays over night at the home of someone with firearms then that is okay as long as they don't handle them? However, if someone with a felony lives at a home like their parents for example and the parents have firearms then that is illegal?

 

[MrsGungho]

You might be confusing presence, and possession.

There is no issue with a felon present in the physical location of other firearms and ammunition, but evidence to support that a person to be in possession of a firearm is entirely another.

Its important to remove the very possibility of such occurring, by being proactive and vigilant to protect your friend, as well as yourself.

Remember such legal assumptions such as if he is the operator of an automobile, he is deemed to have control of everything within it. This would also include firearms in the trunk, even if you are also present in the car. While the subsequent actions by the prosecution and/or the court might rule in your favor, the money and time spent to endure such and receive your firearm back, is not worth neglecting the proactive approach.

This is correct

I have a brother that is a felon and he visits me all the time. Possession is the key.

 

[JBusch8899]

This is correct

I have a brother that is a felon and he visits me all the time. Possession is the key.

When Patti gives her seal of approval, it becomes settled law.

TY, I'm honored.

I'll place the money order in mail today.

 

[Scarnucci]

Scarn is unfortunately incorrect in his information. You can be locked up all day long for being a felon in possession of a firearm by anyone with police powers.

I double checked with the prosecutor. State officers cannot bring a federal charge on someone, a federal agent must do it. State officers can assist in the execution of a federal warrant, but they cant bring the charges or arrest someone solely on a violation of federal law that is not mirrored by the states laws.

Granted, Indiana has laws against felons carrying out and about in town, but in their own home, the state does not prohibit class D felons from possessing firearms. Violent felons, yes, but not class D.

Again, IANAL DYODD.

 

[Dsgnr_81]

I have a friend that made a stupid mistake and payed for it and was charged with a D felony. It was not a violence related and was with the wrong crowd at the wrong time and arrested with them. What I am wondering is if it is illegal for them to be at my house which has guns since they were arrested on a felony charge. The charge can be changed to a misdemeanor after a year probation but for now it is still a felony.

So, is it illegal for them to be at my house even though they will not handle any firearms? Also, for my own curiosity is it illegal for a person to use a weapon in self defense if they are a non-violent felon as long as they aren't carrying it or it is theirs?

Thanks

If they are the wrong crowd, why would you want them at your residence? I can see if your buddy made a dumb mistake, but if you're inviting them over for tea, seems like a bad call IMHO.

 

[irishfan]

I appreciate all of the responses....so does anyone have an answer on my hypothetical question? I was wondering if someone with a Class D felony lives in a home with firearms that are locked up is that then considered breaking the law? My example is if someone has the felony and moves back in with their parents for example or even a spouse who owns firearms but keeps them secured and the felon does not touch them then is that breaking the law? I understand about the visiting part and that makes sense but what about living in the same home? This would be a good piece of information to pass on.

Thanks

 

[irishfan]

If they are the wrong crowd, why would you want them at your residence? I can see if your buddy made a dumb mistake, but if you're inviting them over for tea, seems like a bad call IMHO.

They are ok but was in the wrong place at the wrong time. The crime was a theft and since they were around the people who actually did it when the actual thiefs were arrested they were booked right along since they could not prove they weren't in on it. That is why they can plead the felony down after the probation is over but the others got charged with more.

 

[Dsgnr_81]

They are ok but was in the wrong place at the wrong time. The crime was a theft and since they were around the people who actually did it when the actual thiefs were arrested they were booked right along since they could not prove they weren't in on it. That is why they can plead the felony down after the probation is over but the others got charged with more.

Okay, gotcha. Just wanted to clear that up.

 

[JBusch8899]

I double checked with the prosecutor. State officers cannot bring a federal charge on someone, a federal agent must do it. State officers can assist in the execution of a federal warrant, but they cant bring the charges or arrest someone solely on a violation of federal law that is not mirrored by the states laws.

Granted, Indiana has laws against felons carrying out and about in town, but in their own home, the state does not prohibit class D felons from possessing firearms. Violent felons, yes, but not class D.

Again, IANAL DYODD.

State LE may however detain individuals for the time required to present evidence to the appropriate Federal agency for their subsequent action.

 

[irishfan]

Anybody have any ideas about the legality of living in a home where guns are located even if not owned or touched by the person who committed the felony? I.E. the parents example I gave.

 

[Scarnucci]

State LE may however detain individuals for the time required to present evidence to the appropriate Federal agency for their subsequent action.

Have a link? I'd like to read more.

 

[JBusch8899]

LE can detain an individual without charge, or charge and present for arraignment typically within 72 hours of being processed. This is rather elementary and commonly known.

Within such a time, the detaining officer would be able to secure specific federal agency assistance and their procurement of relevant charging instrument.

 

[42769vette]

LE can detain an individual without charge, or charge and present for arraignment typically within 72 hours of being processed. This is rather elementary and commonly known.

Within such a time, the detaining officer would be able to secure specific federal agency assistance and their procurement of relevant charging instrument.

so basically local cops can hold the felon until the feds can charge the felon.

it may be just me but i think its rediculas that the goverment can take away a felons right to defend himself. how is the guy who got a dui 20yrs ago susposto protect his family against the 3 time felon who doesn't care if he is allowed to have a gun and breaks into the first felons house.

i can see the felon can not carry law to a extent but not the cant have in home law