View Full Version : Convicted Felons, can they stay with someone who owns a gun?


mocha1
12-04-2005, 03:45 PM
I have recently been convicted and I no longer have the right to bear arms; however, my husband loves to collect guns. Does this mean that he can't have a weapon in the home?

mrsford
12-04-2005, 03:50 PM
In Indiana you are not allowed to have any hand guns in the residence where you live. If you are living there and that is the rule of your state, then I would ask my lawyer and/or the judge to see if there is any way they can be locked up without you having access to them. Good luck.

gigi v
12-04-2005, 03:50 PM
No He Can Not Have A Gun In The House,car Or Anywhere Around You. They Dont Play Where Guns Are Concerned With A Conviction. Hate To Be The Bearer Of Bad News.

mocha1
12-04-2005, 04:27 PM
Thanks alot for replying!!

PTO-29412
12-04-2005, 05:55 PM
Everyone is right, he cannot have a gun in the house. If for some reason a probation or parole officer visited your home and searched it, you would receive a charge for possesion of a firearm by a convicted felon. You cannot even spend the night in a home where someone has a gun in the same room.

AceDog
01-02-2006, 10:30 PM
The way things are shaping up we will never be allowed to have a gun once convicted. I spent a fortune and many years in Missouri trying to get my gun rights back. Just time and money wasted.

cassylovesjr
01-03-2006, 12:57 AM
My fiance is a convicted felon and there were guns in his parents home and when the law found that out they automatically took him into custody , whether he had them in his possession or not . So with your husband loving to collect guns that is a no no . They can not be on the premises where you are .

tara_ga37
01-03-2006, 08:02 AM
He can't even be around a bullet now . My husband was just found guilty in fed court for guns and ammo . Once a felon ... always a felon . You have to get a presidental pardon to get your gun rigts back . The guns in his case were in a locked safe . In my name . They only have to prove that you had access to them . Not ... actual possesion .

bullets
01-03-2006, 09:59 PM
Convicted felon and a gun = 10 Years Mandatory Federal Time......

hvymetalcowboy
01-13-2006, 09:55 AM
Get rid of the guns now.It,s not worth it.

Criminal_Lesbia
04-04-2006, 03:24 PM
No I just found out it a fedral offence to be around a gun if you are a fellen

Eternal Hope
04-04-2006, 04:40 PM
Sorry about the bad news, but hubby will have to get rid of his guns :( I wish I had better news for you!!!!!!!!

+4thefuture
04-09-2006, 12:06 PM
Pray tell, do they ever have the right to bear arms and protect their home and family? Crime is worse now that 20 years ago, the hold up male/female break in on people in the middle of the night when most households are sleeping. How is a former felon suppose to protect his family, throw a chair? I'm not being a smarta$$, but it would seem after 5 or so years (free of no police contact) You'd reestablish the right to bear arm.

jameslo
04-09-2006, 07:15 PM
The loss of that right isn't a closely guarded secret. It's been that way for a LOOOOONG time. That's one of the things people gamble away when they decide to do whatever they think is worth the risk.

Lots of people who have never been to jail don't like guns and have none in the house.

Felons can guard their house like anyone who, for whatever reason, has no guns in the house. Alarm system (doesn't have to be elaborate - just loud), barking dog, good locks on the doors, motion sensor lights and alarms (these aren't expensive), etc.

I don't mean to sound insensitive - just straight talk.

outinmexico
04-12-2006, 10:26 PM
Hello Guys,

The #1 reason I left the USA after my release was because of the Gun/Ammo Laws.

There are OVER 400 million handguns in the USA & God knows how many rounds of Ammunition! Maybe trillions of rounds!

I just couldn't see beating the odds.

This is a law that the feds don't take lightly. It doen't matter the circumstances guys! They have stiff mandatory sentences in the feds that are 100% unbendable! I seen MANY sad & horrible examples of this on the inside guys!

I wish I had a piece of advise other than to BE PARANOID of being around guns out there!

Mexico's great! No guns:) I like it better that way:thumbsup:

I Love you guys.
I wish you all the best.

counciller
05-30-2006, 11:41 PM
Everyone is right, he cannot have a gun in the house. If for some reason a probation or parole officer visited your home and searched it, you would receive a charge for possesion of a firearm by a convicted felon. You cannot even spend the night in a home where someone has a gun in the same room.


I beg to defer: i have been out of prison since 1999 (release from James Alred in iowa park, texas)...i was given 10 years for robbery and i gave the state 10 years of pure hell (recorded in annuals of (tdc/tdcj) i did my entire sentence flat (it just happened that way)...
in november of 2005 i was driving a friend’s truck (actually doing her job for her) i was snagged by the cops in euless, texas...there was a ---(said to be a gun under the seat and marijuana) quite naturally i knew nothing of the items, the car was not in my name, and my prints were not on the gun...
the gun case was dismissed (during a court proceeding), the laws i am savvy of; indicated the distinction between in one's possession and in one's presence...good case law indicates that a felon is not responsible for anyone’s possessions but his own...for instance if you are in a motel room and are subjected to a lawful search and a gun is found in the room...simply because the gun was found in the room does not make you in possession of it, if you are living with your girlfriend (and she is the person on the lease) and a gun is found via a lawful search you are not guilty of possession so long as she claims the gun, in order for a felon to be legally found guilty of possession (he or she must intentionally and knowingly possess the firearm...)
as said presence is not possession...
the state would have to prove that you knew the premises or residence had a firearm in it and that you possessed the firearm...
yes yes i know a many a lame brains who have plea bargained on pistols cases simply because they thought presence means possession, it does not...
the state has the burden to prove that you were a felon, you had physical possession of the firearm or that you intended to have physical possession of the gun...
if the gun was found in your house via a lawful search, on your person, and/or in your vehicle then the burden is on you to disprove the possession charge...

and as to a probation or parole office searching one's home (without a search warrant) well a good ole dosage of the fourth amendment should dispel that charge...


in all honesty I doubt the state would convict you on being married to a gun collector, hunter, or gun repairman…however if your state is community property state then you may want to seek legal consultation to see what can be done to preserve the sanctity of your marriage…
I would wager that there is an exception to the firearm law in your state (for married couples)…

For example texas parolees are not supposed to be in the presence of any convicted felon…
That’s a loon when most jobs given to convicted felons are ones where other felons work, most housing provided for convicted felons places one in contact with other felons, and all parole offices contain felons around one another…

HollowPoint
06-28-2006, 06:57 PM
I beg to defer: i have been out of prison since 1999 (release from James Alred in iowa park, texas)...i was given 10 years for robbery and i gave the state 10 years of pure hell (recorded in annuals of (tdc/tdcj) i did my entire sentence flat (it just happened that way)...
in november of 2005 i was driving a friend’s truck (actually doing her job for her) i was snagged by the cops in euless, texas...there was a ---(said to be a gun under the seat and marijuana) quite naturally i knew nothing of the items, the car was not in my name, and my prints were not on the gun...
the gun case was dismissed (during a court proceeding), the laws i am savvy of; indicated the distinction between in one's possession and in one's presence...good case law indicates that a felon is not responsible for anyone’s possessions but his own...for instance if you are in a motel room and are subjected to a lawful search and a gun is found in the room...simply because the gun was found in the room does not make you in possession of it, if you are living with your girlfriend (and she is the person on the lease) and a gun is found via a lawful search you are not guilty of possession so long as she claims the gun, in order for a felon to be legally found guilty of possession (he or she must intentionally and knowingly possess the firearm...)
as said presence is not possession...
the state would have to prove that you knew the premises or residence had a firearm in it and that you possessed the firearm...
yes yes i know a many a lame brains who have plea bargained on pistols cases simply because they thought presence means possession, it does not...
the state has the burden to prove that you were a felon, you had physical possession of the firearm or that you intended to have physical possession of the gun...
if the gun was found in your house via a lawful search, on your person, and/or in your vehicle then the burden is on you to disprove the possession charge...

and as to a probation or parole office searching one's home (without a search warrant) well a good ole dosage of the fourth amendment should dispel that charge...


in all honesty I doubt the state would convict you on being married to a gun collector, hunter, or gun repairman…however if your state is community property state then you may want to seek legal consultation to see what can be done to preserve the sanctity of your marriage…
I would wager that there is an exception to the firearm law in your state (for married couples)…

For example texas parolees are not supposed to be in the presence of any convicted felon…
That’s a loon when most jobs given to convicted felons are ones where other felons work, most housing provided for convicted felons places one in contact with other felons, and all parole offices contain felons around one another…

You must have made a good jailhouse lawyer......:confused:

starting over
07-04-2006, 07:46 PM
I have read posts on this site about people getting their probation busted for having a childs' mini baseball bat in the house, (it was considered a weapon, but a pen or a butter knife would not hurt either?, ridiculous I know) so I'm quite certain no one in their right mind will keep any guns in the house. I don't think it will matter, if they share a dwelling, the person would have access to everything, does not matter, who's name it is under, or presence etc...why go through the trouble. Think this person has more $ to waste on an attorney to fight it?

bookieworm2000
07-04-2006, 09:25 PM
It is my son in prison and no way no how will there be guns around here I am not going to be responsible for him going back. From stories I have read on this site and in the news papers he better never be caught in a vehicle or anywhere near a gun. It isn't worth it. I also read the baseball bat story and that scared me to death

starting over
07-04-2006, 11:22 PM
They will give those people a list and they better follow it to a T. I never had had any interest in guns, so I am not worried about that, but you never know what can happen while you are on probation. That bat story just about made me cry, as well. You could in theory use anything as a weapon, it is unreal that they busted that guy for that.

Visitor7734
07-10-2006, 06:50 PM
Ya ever heard of constructive possession? They use it a lot in drug cases. Someone in the car has a gun you all have guns. I have thought about a safe that only my wife has access to and her keeping a weapon in there, but a lawyer told me that would not be good enough. Who's going to take the chance?

DaveMoff
07-11-2006, 01:20 AM
Different states have different regulations. In at least some states a convicted felon who has had his or her civil rights restored can purchase or possess a firearm, sometimes after a certain number of years had passed. In other states it's a lifetime ban. Federal offenses are a completely different ballgame.

Minnesota has a rather "cute" spin on the whole deal. The state has adopted guidelines under which many crimes are sentenced as "stayed felonies", in which the felony sentence is not imposed provided one makes it through probation and there is no civil felony record on completion of same--HOWEVER, most of the offenses have been classified by the state as "crimes of violence", which call for a lifetime ban on firearms possession. Mandatory 15 year prison sentence for violation.

If you yell at a neighbor and brandish a baseball bat, you can be charged with 2nd Degree Assault or "Terroristic Threats", both of which will likely get you a stayed sentence if you haven't made a habit of either. But you can say goodbye to anything resembling a firearm--under the law a toy gun that shoots plastic pellets is regarded as a firearm, and at least one person has wound up in court for possessing a paintball "gun".

Meanwhile, kicking, biting, or Macing a police officer is a gross misdemeanor and won't affect your firearms rights at all. Could I see a show of hands....does anyone think this makes sense?

DaveMoff
07-11-2006, 01:28 AM
I should add to the above that being in the home of another person who owns firearms does not put you "in possession" of a firearm, at least in Minnesota. Being caught in a car with someone who has a gun under the seat (illegal unless the owner has a carry permit) might be very different, however. A friend who has a stayed felony on his record goes deer hunting every year--with a bow. Sharing a cabin with a bunch of guys who have guns, again, does not seem to be a problem.

Similarly, the usual ban on associating with other convicted felons is generally ignored if one is, for example, attending AA meetings or the like. Were it not so, it would be awfully hard for someone on probation or parole to find a meeting they could attend!

outinmexico
11-19-2007, 06:44 AM
Hello,
Personally I woulden't be bragging about beating a gun case in any state with Big Brother all over the internet the way it is.
Federal jurisdiction superceeds all state laws. The feds use a term called "Constructive Posession" & the term is used broadly. You can't be around a gun or even 1 bullet in a car or any living space you enter. Nor any projectile weapons (sling shots too? The david & goliath story must have gotten into the oval office somehow!) A Bow & Arrow is now illegal for ex-offenders also. The projectile weapons law came into effect because of a company that makes a shot gun that IS NOT a firearm. It works with Co2 gas but the law only specifies "Any weapon that propels a projectile by a force other than combustion".
I left the usa a long time ago. The land of the free it is no longer but I left because of this law specificly. The law is illegal & unconstitutional like many others but it's in effect none-the-less.
How could I protect myself in a world of guns & I can't have one? There are OVER a Billion Hand Guns alone in america & OVER a Trillion rounds of ammunition. How could I stay away from it all? Everyone has guns there so (legally) before I go into anyones home or enter their car I have to ask if they have a gun?
It's a crazy law designed to put YOU back inside. Get it? There is a pattern of laws like this in the usa designed to target ex-cons.
I've been OutInMexico in a tourist resort city for 8 years. We don't have a problem with gangs, drugs or guns. (TYVM)
I'll stay here & wish you ALL the best of luck & the happiest of life.

fluffymedimples
05-31-2008, 02:17 PM
My husband just got his 2 vo on parole for a imation of a pistol 1 year for this and it wasn't even his it was a plastic air gun and you know what is so wrong that they don't give po any chance to life a good life he wasn't drinking driving it was his nephew i hate ny state right no

DaveMoff
05-31-2008, 02:39 PM
The definition of a firearm under Minnesota state law is so vague that it can be construed as banning possession of a slingshot, a rubber band, a squirt gun, or one's own arm if used to throw an object.

State law here also specifically exempted Swiss Army knives from the definition of "concealed weapons". The law was changed several years ago to define a weapon as "any object which could cause harm, or reasonably be construed to cause harm".

Under that definition, I'm not sure what ISN'T a weapon. Rather obviously, this is a law which was written to be selectively enforced.

Conversely, Crossman made an air-powered shotgun during the late 60s-early 70s which is now a quite valuable collector's item. More recently, a number of manufacturers have started producing 9mm air guns which deliver quite a kick. They are quite popular in Europe, where extreme restrictions on the ownership of traditional firearms have been in force for a very long time.

sammy whiteside
08-12-2008, 10:25 AM
The feds have a law that says convicted felons may not have a firearm. I was working a case in prison for a friend whos mother had a key to a room. In that room was a lock box also with a key. They came for him on a armed robbery which he did with a toy gun. In that locked room and locked box was 3 guns. He went to trial and was convicted of convicted felon in possession of a firearm. MY self as a felon I would avoid this. I know here that after your off parole 10 years you can get permission from the Sheriff to control a firearm, but only in that parish.

sammy whiteside
08-12-2008, 10:27 AM
I should add to the above that being in the home of another person who owns firearms does not put you "in possession" of a firearm, at least in Minnesota. Being caught in a car with someone who has a gun under the seat (illegal unless the owner has a carry permit) might be very different, however. A friend who has a stayed felony on his record goes deer hunting every year--with a bow. Sharing a cabin with a bunch of guys who have guns, again, does not seem to be a problem.

Similarly, the usual ban on associating with other convicted felons is generally ignored if one is, for example, attending AA meetings or the like. Were it not so, it would be awfully hard for someone on probation or parole to find a meeting they could attend!

He was the DA in my case. He is no jk.

brandedmanswife
06-23-2013, 05:58 PM
I beg to defer: i have been out of prison since 1999 (release from James Alred in iowa park, texas)...i was given 10 years for robbery and i gave the state 10 years of pure hell (recorded in annuals of (tdc/tdcj) i did my entire sentence flat (it just happened that way)...
in november of 2005 i was driving a friend’s truck (actually doing her job for her) i was snagged by the cops in euless, texas...there was a ---(said to be a gun under the seat and marijuana) quite naturally i knew nothing of the items, the car was not in my name, and my prints were not on the gun...
the gun case was dismissed (during a court proceeding), the laws i am savvy of; indicated the distinction between in one's possession and in one's presence...good case law indicates that a felon is not responsible for anyone’s possessions but his own...for instance if you are in a motel room and are subjected to a lawful search and a gun is found in the room...simply because the gun was found in the room does not make you in possession of it, if you are living with your girlfriend (and she is the person on the lease) and a gun is found via a lawful search you are not guilty of possession so long as she claims the gun, in order for a felon to be legally found guilty of possession (he or she must intentionally and knowingly possess the firearm...)
as said presence is not possession...
the state would have to prove that you knew the premises or residence had a firearm in it and that you possessed the firearm...
yes yes i know a many a lame brains who have plea bargained on pistols cases simply because they thought presence means possession, it does not...
the state has the burden to prove that you were a felon, you had physical possession of the firearm or that you intended to have physical possession of the gun...
if the gun was found in your house via a lawful search, on your person, and/or in your vehicle then the burden is on you to disprove the possession charge...

and as to a probation or parole office searching one's home (without a search warrant) well a good ole dosage of the fourth amendment should dispel that charge...


in all honesty I doubt the state would convict you on being married to a gun collector, hunter, or gun repairman…however if your state is community property state then you may want to seek legal consultation to see what can be done to preserve the sanctity of your marriage…
I would wager that there is an exception to the firearm law in your state (for married couples)…

For example texas parolees are not supposed to be in the presence of any convicted felon…
That’s a loon when most jobs given to convicted felons are ones where other felons work, most housing provided for convicted felons places one in contact with other felons, and all parole offices contain felons around one another…

__________________________________________________ _______________

It's been a while since you posted this, but I wonder if you can help me with something. I am in law school and I have been asked to prepare a case brief about Texas Code Sec. 46.04. I cannot find a CASE pertaining to this law anywhere! Can you recommend one? Thanks!

Also, I am in this forum to get support for being involved with a man behind bars; not because I'm a law student.

Your help is appreciated!

prisonlady
06-24-2013, 12:02 AM
I certainly do not suggest breaking the law, and I realize that it may be better, or required, to simply not have any guns in the house at all. However, to prove that the wife has no access to the guns, it may be possible for the husband to not only store them very safely, such as in a safe and separately from ammunition, but also have a locked room to which the wife does not have the key, and protected by an alarm system to which the wife does not have the code. It is perfectly possible to have just one room protected by an alarm system (of course, one professionally installed and monitored) even if a different system, or no system at all, is used for the rest of the rooms. For those who can afford it, setting up two different homes and actually living, or meeting frequently, only in the one without guns could also satisfy the requirement of not living in a home where there are guns (of course, if the ex-felon does not have access to the second residence). Some homes may allow for the second residence to be set up in the home itself. Of course, in both cases, the apartment with guns would be protected by an alarm system.

I realize that a married couple may not wish to live that way, or be able to afford doing so, and that this may still be risky. However, if a couple had a system like that and could prove it if necessary, it would be harder to argue that they both had access to the guns.