View Full Version : What will happen if a parolee resides in a home with firearms?


love-austin
04-24-2006, 12:44 PM
Does anyone know what will happen to a parolee if a firearm is found in the home they were paroled to, even if the firearm does not belong to the parolee?

dwfighterva
04-24-2006, 01:21 PM
It probably depends on the state.

Jillian
04-24-2006, 01:24 PM
It depends on the restrictions that the parolee has to live within.. If he is told that he is not to be in a home with a firearm then it doesnt matter who it belongs too he is in violation of his parole. The best thing is to call and check before he comes home or just call the local parole office in your area and just ask the question .. dont have to identify yourself just ask ..

jessesmp
04-24-2006, 02:01 PM
In my state no convicted Felon can be around or have a firearm, my practice husband is sitting in County Jail awaiting trial. He borrowed a car to go to his meeting (who is on Probation and a convicted Felon) got pulled over, police found the gun in the trunk. Even though he swears he didn't even know it was in the trunk. My hubbie is a Felon and when he was home the last time we were not allowed to have any guns in the house. We even had to get rid of my sons BB gun. I would check with your local Probation dept and also what his paperwork states.

jessnkat
04-24-2006, 02:08 PM
If his parole restrictions include no firearms - it doesn't matter WHO it belongs to.

love-austin
04-24-2006, 02:49 PM
So what will happen to him besides violation of parole? Is it true that felons who are caught around guns will have to do fed time?

Keltria
04-24-2006, 03:05 PM
I remember that a friend of mine wanted to parole to his dying father in N Carolina from AZ, but when they went to his dads house they saw a gun and turned his parole to his dads house down. He then had to go to his mother in AZ. He was very sad cause his dad died a month after he got out.

Hope you figure it out soon.

mrschris
04-24-2006, 04:50 PM
in most, if not all cases, it's a direct violation of parole. most parolees are NOT allowed to be around ANY firearms, no matter WHO it belongs to.

my best advice is to remove the firearm and keep it as far away as possible from the house that the parolee will be living in and/or visiting.

zhane
04-24-2006, 04:55 PM
It depends on the state's parole guidelines for firearms. In Michigan an individual is not allowed to be in a home that even has a toy gun and if found in violation the individual would receive new charges on state and federal levels....

FriscoLady
04-24-2006, 04:59 PM
I will have to check, but my understanding that this can come under Federal now. Best advice, no gun period anyway near a felon = automatic five years. I went to a ceremony on a Navy base today for a fellow Coast Guardsman and two Navy Petty Officers that were killed in Iraq two years ago today. As they fired the salute, I thought real seriously about that, especially since I am on paper. But, I needed to honor my Brothers in Arms.

Patti

bcbc_is
04-24-2006, 05:31 PM
You have to take the guns out of the house if you have a parole living with you in the house or they can send them back to prison. I was told by the courts that it is the parole's responsibility to see that no guns are where they reside. It's better to be safe than sorry.

mrzshabazz
04-29-2006, 02:32 PM
Put it this way...my husband did 10 years in the state of FL. He is now in the FED and his charge was Possession of a Firearm by a convicted felon. He has 12 years. The firearm was not in his "possession" at all. He was just in a house that got raided and therefore he had 'possession' of it. I would not only check state, but federal law also. Do not ever forget Uncle Sam.

dwfighterva
04-29-2006, 04:27 PM
Virginia law is that if they reside in the home, pay rent, etc., then there should be no guns in the house. Anyone convicted of a felony caught with a firearm 'in their posession' carries two year mandatory minimum. Now, if you own one, have it locked and sole posession of the key and a felon comes to visit, (not living there) he should not be in danger and neither are you.

Being around while one is being fired is not in posession of it. If they handle it and fire it, they can be convicted, no matter who owns it. I guess it depends on the state. Call your local police and ask about it. You don't have to give any name, just start asking questions.

JodysweetMelisa
04-30-2006, 09:36 PM
In WI no firearms at ALL. If the PO finds out of any then your revoked and finish the rest of you sentence.

Gryphon
05-01-2006, 07:11 PM
A term of parole is that there can't be any firearms in the home. If that's the term of parole, it won't matter whether it's in the parolee's possession or not. If it's in the home, that's a violation.
Parolees are ordered to obey all laws, and it's against the law for a felon to possess a firearm (which includes pellet and BB guns in many states). Possession means knowledge that it's there, coupled with the ability to control the firearm should the felon choose to. Possession does not = ownership (although ownership can be evidence to prove possession); possession may be constructive rather than actual (so it doesn't have to be on you); possession can be joint (meaning more than one person can have teh ability to exercise control).

reddawgsluv
05-02-2006, 05:44 AM
We live in Va. and this ? was just raised with my husbands p.o. she informed us that he is not to be around a firearm, whether it be in our house or someone elses. If we are visiting a person who has firearms, if they are locked in a gun cabinet, and he has no access to the key that he is not in violation, but if he is the only one in the house then he is in violation. Same goes with riding in a vehicle. She did say however, that we were allowed to have a bb gun. SHe informed us by him being in the area with a firearm, whether it be his or not, if it is not locked up, the state views it as him being able to gain posesion and use it. I know this is the same in OHio