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Felons and Guns question

Enola

Enola

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A friend of mine is going to rent a room to her sister and her sister's husband. The husband is on parole for being in possession of stolen goods and served his time. But she heard that she cannot have guns in her house with the guy there because he is a convicted felon. What are the laws regarding this? Anyone know? She does not want to remove her handguns but she also doesn't want to get in trouble with the law or get her BIL in trouble for being in violation of his parole by being under the same roof as handguns. What are her options? Can she lock them up in her room with a lock on her bedroom door? Stored in a lock box but still on the premises?
 
I don't know the answer to your question, but I just want to say that it should be unconstitutional to limit your friend's Second Amendment rights because of who she shares a dwelling with.
 
Her sister told her that a parole officer would come to the house to make sure ALL within the household, including, if any, roommates that may reside there that they were informed and were ok with a "dangerous felon" living in the home, and that he could not live in a home that has firearms. I told her they were just renting a room, and had no access to certain parts of the house so I didn't see a problem. She said it's the same dwelling, same roof, same address, so no guns. She loves her sister and her BIL, but she also wants to keep her guns safe in her own home, not stored in a safety deposit box. Why have protection if it is not available? And it is not protection against her BIL. She loves him as much as her sister.

So I'm wondering, as is my friend, just how far the government can take this if she refuses to remove her firearms. So I told her I would ask here because there are some smart people that inhabit this place, as well as a police officer if I remember correctly. I just don't remember which one is a cop.

I'm preparing for bed, so I will check back in the morning. :)
 
Too many variables to make a judgement. State laws vary, some conditions of parole and/or sentence can vary. He may be in violation and not your friend.

You are asking legal advice from a group of non lawyers with insufficient data. Consult a lawyer, or the probation officer.

Better yet, advise your friend to make the calls.
 
Enola said:
Her sister told her that a parole officer would come to the house to make sure ALL within the household, including, if any, roommates that may reside there that they were informed and were ok with a "dangerous felon" living in the home, and that he could not live in a home that has firearms. I told her they were just renting a room, and had no access to certain parts of the house so I didn't see a problem. She said it's the same dwelling, same roof, same address, so no guns. She loves her sister and her BIL, but she also wants to keep her guns safe in her own home, not stored in a safety deposit box. Why have protection if it is not available? And it is not protection against her BIL. She loves him as much as her sister.

So I'm wondering, as is my friend, just how far the government can take this if she refuses to remove her firearms. So I told her I would ask here because there are some smart people that inhabit this place, as well as a police officer if I remember correctly. I just don't remember which one is a cop.

I'm preparing for bed, so I will check back in the morning. :)
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Based on this post. I would guess the government could do a lot of damage. I would not keep the guns anywhere near the felon, or more accurately, I would not keep the felon anywhere near the guns.
 
The laws on felon in possession vary from state to state. Generally speaking though, I believe it would be the BIL who would get into trouble, not your friend. Incidentally, where I'm from, a felon cannot possess a gun with 5 years of their final conviction. After that, they're allowed to have one at home but can't carry one on them.

Edit: Sorry Jimbo, looks like I pretty much just repeated what you said.

Actually, Enola, the parole officer has already answered your question. The BIL will be in violation of his parole if he lives in the same house as the guns. Your friend will need to choose between her guns or her BIL.
 
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That's what I told her. That she wouldn't get in trouble. HE would. She said she would store them if she had to but wasn't sure what the law was, especially since he does not have access to her portion of the house. It's almost like a duplex, but one entrance. Kinda like my house. Hubby and I have the back of the house. She has a townhouse condo. She has the top floor. They will have all the downstairs floors but both sharing the kitchen.
I will tell her to speak to the parole officer and get it in writing what is expected from her so she can protect him from getting in trouble.

I was almost ready to go to bed but got interested in a tv show instead, lol. I'm glad I checked back in.:)
 
G Gordon Liddy used to brag his WIFE had an extensive Firearms collection. Your rights are not subject to being stripped due to the status of another but a government dickhead could cause real problems for the ex-con if it wanted to as well as the gun owner since it is a violation of federal law to knowingly allow a "prohibited" person access to firearms
 
Enola said:
That's what I told her. That she wouldn't get in trouble. HE would. She said she would store them if she had to but wasn't sure what the law was, especially since he does not have access to her portion of the house. It's almost like a duplex, but one entrance. Kinda like my house. Hubby and I have the back of the house. She has a townhouse condo. She has the top floor. They will have all the downstairs floors but both sharing the kitchen.
I will tell her to speak to the parole officer and get it in writing what is expected from her so she can protect him from getting in trouble.

I was almost ready to go to bed but got interested in a tv show instead, lol. I'm glad I checked back in.:)
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Enola, you need to listen to me. I checked on this about 2 yrs ago due to a case I was peripherally involved in. The Feds put out a pamphlet about 2 yrs ago about new rules and regs regarding felons and guns in the house, and the way they're chosing to interpret the law you can theoretially be convicted of a FELONY and do YEARS in prison for having a gun in the house where a previously-convicted felon lives.

Now, personally I think this is unConstitutional and I hope the Supremes shoot it down when a test case reaches them, but for now it would appear that she is in SERIOUS danger of being arrested as a FELON if she keeps guns in the house while allowing the convicted felon to live within the house.


She needs to talk to his parole officer, or better still a good lawyer, and get the facts (maybe something changed, its possible), but without EVER admitting that she has EVER had guns+felon under her roof at any time. Savvy?

http://www.ehow.com/list_6156364_federal-gun-laws-convicted-felons.html
 
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Goshin said:
Enola, you need to listen to me. I checked on this about 2 yrs ago due to a case I was peripherally involved in. The Feds put out a pamphlet about 2 yrs ago about new rules and regs regarding felons and guns in the house, and the way they're chosing to interpret the law you can theoretially be convicted of a FELONY and do YEARS in prison for having a gun in the house where a previously-convicted felon lives.

Now, personally I think this is unConstitutional and I hope the Supremes shoot it down when a test case reaches them, but for now it would appear that she is in SERIOUS danger of being arrested as a FELON if she keeps guns in the house while allowing the convicted felon to live within the house.


She needs to talk to his parole officer, or better still a good lawyer, and get the facts (maybe something changed, its possible), but without EVER admitting that she has EVER had guns+felon under her roof at any time. Savvy?

Federal Gun Laws for Convicted Felons | eHow.com
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I totally agree. No one here stated that your friend would not get into trouble. I stated that there was not enough data to answer. No one here knows the law where you live,
the nature of the felony, the condition of the parole, or anything else about the case. For that matter, no one here knows the mindset of the felon, and having a gun around a loose cannon can make jail time moot. The possible consequences are much too serious to ignore. Take Goshin's advice before you get yourself, or someone else, in trouble.

I'm repeating myself because this is too serious to ignore.
 
but without EVER admitting that she has EVER had guns+felon under her roof at any time. Savvy?
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Oh man. How can she say she never had guns to begin with? Do you mean PRIOR to him moving in? That can be checked. They are registered handguns. All the feds have to do is look up her name and see she has them.
Plus, she is law abiding and doesn't want to lie. If she puts them in her safety deposit box, then she doesn't have access to them any more than the BIL does. What does she have to do? Sell them???? That's not right. Either she sells them so he has a place to live with his wife, or she doesn't let them move in, then she no longer has a sister or BIL.
What a mess this is turning out to be.
 
Enola said:
Oh man. How can she say she never had guns to begin with? Do you mean PRIOR to him moving in? That can be checked. They are registered handguns. All the feds have to do is look up her name and see she has them.
Plus, she is law abiding and doesn't want to lie. If she puts them in her safety deposit box, then she doesn't have access to them any more than the BIL does. What does she have to do? Sell them???? That's not right. Either she sells them so he has a place to live with his wife, or she doesn't let them move in, then she no longer has a sister or BIL.
What a mess this is turning out to be.
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No, she doesn't have to lie, she MUST not lie to a gov't agent, she doesn't have to say she NEVER had any guns.... just to never ADMIT that she ever had a felon living in the house AND guns in the house at the same time. If she admits to that she might be arrested on the spot.

She doesn't have to sell them, but they can't be under the same roof as the felon is living in.

My understanding is the Feds have chosen, in the last couple years, to treat this matter with zero tolerance, even towards the non-convict homeowner... she needs to talk to a lawyer who knows Fed gun laws.
 
Oh! Ok. She has not rented to them yet. He is not in the house and has never been in the house, even to visit. They have their own place but financial problems on both ends, as well as illness with the sister, is making it to where they must all cohabitate to assist each other. The guns will be long removed before he ever gets there. And she will tell the parole officer that and anyone that asks. She didn't want to remove them if she didn't have to, so that's why she asked me if I knew and I said no, but I'd ask around. I will relay these messages to her, though. But no worries. They are still out of state (the sister and BIL).
 
I just spoke to her. No guns in the home until his is off parole according to the department of corrections agent she spoke with a bit earlier. But she said her sister decided not to come live with her due to the problems this all posed and they plan to wait until he is free of all regulations. So it is now a moot point.
 
Enola said:
A friend of mine is going to rent a room to her sister and her sister's husband. The husband is on parole for being in possession of stolen goods and served his time. But she heard that she cannot have guns in her house with the guy there because he is a convicted felon. What are the laws regarding this? Anyone know? She does not want to remove her handguns but she also doesn't want to get in trouble with the law or get her BIL in trouble for being in violation of his parole by being under the same roof as handguns. What are her options? Can she lock them up in her room with a lock on her bedroom door? Stored in a lock box but still on the premises?
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I'm sure I'm not the first person to say this, but to get a credable answer you will need to contact your lawyer.

I have a cousin who was convicted of carrying a loaded pistol without a permit, while underage. Givin the spicifics of his situation (it was non-violent and accidental) he served 6 months in jail and cannot have any firearm on his person, in his posession, or in his residence for the next 3 years. His mother got clarity on the terms of his sentence and it meant that if he lived in her houre, no one in that house could store or posess a firearm there.

Your situation may be diferent. Maybe a renter can't have a firearm in the home itself, but stored in the car may be ok. Maybe your law says 'no firearms on the property'. I don't know.
 
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It's not me. It is my friend. And the situation has been resolved. They will not be moving in with her. She has guns for a reason. Protection from strangers and nefarious persons in her neighborhood. She wanted to keep her guns within easy access. Him being on parole meant she had to store them. He didn't want her to be in that position so they made other arrangements to live elsewhere.
 
Enola said:
It's not me. It is my friend. And the situation has been resolved. They will not be moving in with her. She has guns for a reason. Protection from strangers and nefarious persons in her neighborhood. She wanted to keep her guns within easy access. Him being on parole meant she had to store them. He didn't want her to be in that position so they made other arrangements to live elsewhere.
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Ah well good everyone then.

As a side note, if his crime was non-violent then imo he should stil be allowed to carry.
 
He doesn't own a gun. Doesn't want one. His crime was being in possession of stolen goods. But he can't BE around guns.
 
Enola said:
A friend of mine is going to rent a room to her sister and her sister's husband. The husband is on parole for being in possession of stolen goods and served his time. But she heard that she cannot have guns in her house with the guy there because he is a convicted felon. What are the laws regarding this? Anyone know? She does not want to remove her handguns but she also doesn't want to get in trouble with the law or get her BIL in trouble for being in violation of his parole by being under the same roof as handguns. What are her options? Can she lock them up in her room with a lock on her bedroom door? Stored in a lock box but still on the premises?
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Is bro-in-law likely to get into trouble? Is his PO going to pay a visit? Have BIL call his PO and tell her what the situation is. If the PO is cool with it, problem solved.
 
Moot point now. They found another place of their own with her help. Separate homes, same town, no visits to her home, she will go to theirs. All solved. :)
 
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