Gun ownership and living with a felon?

[Delmar]

A friend at work lives with a guy who has a felony. She is under the impression that she can't keep a gun in her home because he is not allowed to have one. Is this correct?

 

[Mr. Habib]

IANAL but, as long as he does not have access to it, they should be okay.

 

[Delmar]

Define access.

 

[wolfman]

There are several threads on this subject, and most end up coming to the conclusion that locked up or not, if there is a felon living in the house, no guns can be kept there.

 

[Thegeek]

Had to store my neighbors guns for a while. His stepson had a DUI and was living with them at the time. His probation said "no guns in the house". Thought it was f-ed up. Another neighbor is a felon for multiple DUIs (think I need to move...). He states that there can't be a gun in the house, period.

 

[Delmar]

I don't get the connection with DUI and guns.

 

[Tactically Fat]

I don't get the connection with DUI and guns.

A lot of the above has to do with the terms and conditions of probation.

Same as the situation with the felon in your OP.

It depends.

If a convicted felon is beyond probation, then the person should be able to live in a home where firearms are present - and not accessible to the felon. I'm sure certain felonies may preclude that, but I'm not sure.

In short - it depends. Depends on the felony convictions, depends on the circumstances of probation. I'm sure that it also may depend on which state the person lives in.

 

[M67]

I don't get the connection with DUI and guns.

If you get so many DUIs (which I believe in Indiana it's 2 in 5 years) it's a felony and being a felony, no guns.

 

[Mr. Habib]

Define access.

She leaves it unattended on the kitchen table when he is present = access. It is either on her person, locked in a safe that he does not have the combination to, or off the property =/= access. As others have said, his terms of probation, if any, may change all of this.

 

[dmazzio]

This is interesting, something I never thought of. We have a friend of ours living with us and she just started dating this guy a few weeks ago. She just told me the other day in conversation that he can't own a gun because he is a felon, something about stolen gift cards. Does this mean that I now need to have all my guns someplace where they cannot be accessed or does it not apply because he is just visiting?

 

[MCgrease08]

This is interesting, something I never thought of. We have a friend of ours living with us and she just started dating this guy a few weeks ago. She just told me the other day in conversation that he can't own a gun because he is a felon, something about stolen gift cards. Does this mean that I now need to have all my guns someplace where they cannot be accessed or does it not apply because he is just visiting?

I think the bigger question is, do you normally leave guns just lying around to the point where people you hardly know can gain access to them?

I'm not one that thinks all guns must be locked up at all times, but I don't keep them stashed around the house to the point where a stranger could just pick one up.

Keep it on you, or in the safe and you should be fine if/when this boyfriend fellow comes over. But if he's already known to steal credit cards, you probably don't want him around any of your valuables.

 

[Delmar]

In short - it depends. Depends on the felony convictions, depends on the circumstances of probation. I'm sure that it also may depend on which state the person lives in.

So we are talking about state law, not federal?

 

[Delmar]

I am hoping somebody will be able to post applicable law.

 

[dmazzio]

I think the bigger question is, do you normally leave guns just lying around to the point where people you hardly know can gain access to them?

I'm not one that thinks all guns must be locked up at all times, but I don't keep them stashed around the house to the point where a stranger could just pick one up.

Keep it on you, or in the safe and you should be fine if/when this boyfriend fellow comes over. But if he's already known to steal credit cards, you probably don't want him around any of your valuables.

Now that I found out about this guy's record I'm not sure I even want him in the house. And there are times when there may be a gun or guns laying out in the open like when going to or coming back from the range or shooting in the backyard. Now I have to be more diligent to get them out of sight right away especially since I don't know when this guy might be coming over. Our friend really needs to find her own place so she can have all the felons over that she wants and it doesn't effect my life.

It still would be nice to know what the law is on this.

 

[Thegeek]

Only in their place of residence. Just visiting doesn't affect you legally.

 

[Gluemanz28]

It is not just a felony that mandates no firearms. When I filed for divorce about ten years ago my ex-wife's attorney (woman that was an ex-prosecutor who just went thru a divorce herself) filed a PO on me for no reason other than to try to make me look bad. I was ordered to turn all my guns over to the local police. I refused to do that and told my attorney to tell the judge that I would take them down to my Dad's house in Southern Indiana. The Judge agreed to my offer, but I had to give a list of the serial numbers to the court. This little five foot Attorney is the meanest man hater on the face of the earth.

The funny part of the story was that I went on Match.com and the system matched me up with this attorney. I printed it off and gave it to my Attorney, he and the judge had a big laugh on that one.

 

[Bill of Rights]

It is not just a felony that mandates no firearms. When I filed for divorce about ten years ago my ex-wife's attorney (woman that was an ex-prosecutor who just went thru a divorce herself) filed a PO on me for no reason other than to try to make me look bad. I was ordered to turn all my guns over to the local police. I refused to do that and told my attorney to tell the judge that I would take them down to my Dad's house in Southern Indiana. The Judge agreed to my offer, but I had to give a list of the serial numbers to the court. This little five foot Attorney is the meanest man hater on the face of the earth.

The funny part of the story was that I went on Match.com and the system matched me up with this attorney. I printed it off and gave it to my Attorney, he and the judge had a big laugh on that one.

This begs a question: Is there anything the subject of such an order can do to get a PO revoked as being, for lack of better terminology, punitive and mean-spirited, (that is, unnecessary, as you have no reason to seek out the protectee other than via counsel)

I'm guessing there is not, or your attorney would have done it, but it seems that with the Lautenberg penalty, filing for an unnecessary PO is done only for spite, a means of hurting someone who you know is no threat. I would almost think that would qualify as "prior restraint".

Remember, I'm not talking about someone with a demonstrable history of violent or threatening behavior, I'm talking about the guy that gets blindsided by a court action like this for no real reason other than the soon-to-be-ex or her attorney wishing to emulate the female canine. It's not the guy's fault if she can't understand normal thinking.

Thoughts?

Blessings,
Bill

 

[Gluemanz28]

My attorney was a joke. I should have fired him from the get go. Her attorney had me jumping through hoops running up my bill to the amount of $10,000. Her bill was $1,200.

I tried to be nice and not get the Attorney that rips people apart. I moved her and her two daughters up to Indiana from Alabama and felt responsible to make sure they were as well off as could be with a Mother addicted to prescription drugs. She was a nurse that got arrested for calling in bogus Vicodin prescriptions (1,000 500mg Vicodin in three months). She was taking about 10-12 500 mg Vicodin pills a day. I stuck by her for a year trying to get her clean. I lost just about everything we owned in that year. My 14 yr old daughter had to drive a Ford Expedition home one day because her step-mom was swerving all over the road (Take your kids out in the country and teach them to drive).

I finally gave her a choice get clean or I'm gone. I got the "I don't have a problem" story. I went the next day and filed for divorce..

The Moral of the story is: Love turn to hate in the snap of your fingers. Get the best Pit Bull Attorney money can buy. You can always pull him back to a Poodle, but you can't push a Poodle to become a Pit Bull.


Sorry for the rant and derail, but that was soothing.

 

[Ben Nelson]

. . . The Moral of the story is: Love turn to hate in the snap of your fingers. Get the best Pit Bull Attorney money can buy. You can always pull him back to a Poodle, but you can't push a Poodle to become a Pit Bull.

Sorry for the rant and derail, but that was soothing.

No need to apologize, that's good stuff right there. I may use that line sometime . . .

 

[Delmar]

Feels like this thread really didn't get resolved beyond opinion.