She can, but it has to be stored where he has no access. So when it is not in her possession, it has to be locked up.
Felon lives in the house... can homeowner have a gun?
Someone asked me this today. Her father (with a non-violent felony record) moved in with her. Can she own a gun?
My first impression is that she can (but would be prudent to keep it in a safe that he cannot access).
Anyone know for sure?
My first impression is that she can (but would be prudent to keep it in a safe that he cannot access).
Anyone know for sure?
1 - 20 of 29 Posts
AFJuvat already answered. Here's the statute:
790.23 Felons and delinquents; possession of firearms, ammunition, or electric weapons or devices unlawful.—
(1) It is unlawful for any person to own or to have in his or her care, custody, possession, or control any firearm, ammunition, or electric weapon or device, or to carry a concealed weapon, including a tear gas gun or chemical weapon or device, if that person has been:
(a) Convicted of a felony in the courts of this state;
(b) Found, in the courts of this state, to have committed a delinquent act that would be a felony if committed by an adult and such person is under 24 years of age;
(c) Convicted of or found to have committed a crime against the United States which is designated as a felony;
(d) Found to have committed a delinquent act in another state, territory, or country that would be a felony if committed by an adult and which was punishable by imprisonment for a term exceeding 1 year and such person is under 24 years of age; or
(e) Found guilty of an offense that is a felony in another state, territory, or country and which was punishable by imprisonment for a term exceeding 1 year.
(2) This section shall not apply to a person:
(a) Convicted of a felony whose civil rights and firearm authority have been restored.
(b) Whose criminal history record has been expunged pursuant to s. 943.0515(1)(b).
(3) Except as otherwise provided in subsection (4), any person who violates this section commits a felony of the second degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
(4) Notwithstanding the provisions of s. 874.04, if the offense described in subsection (1) has been committed by a person who has previously qualified or currently qualifies for the penalty enhancements provided for in s. 874.04, the offense is a felony of the first degree, punishable by a term of years not exceeding life or as provided in s. 775.082, s. 775.083, or s. 775.084.
History.—ss. 1, 2, 3, ch. 29766, 1955; s. 1, ch. 63-31; s. 9, ch. 69-306; s. 754, ch. 71-136; s. 1, ch. 71-318; s. 169, ch. 71-355; s. 2, ch. 76-165; s. 6, ch. 93-416; s. 51, ch. 98-280; s. 39, ch. 99-284; s. 2, ch. 2004-286; s. 2, ch. 2008-238; s. 1, ch. 2016-42.
To be a devil's advocate...
"Care, custody, possession or control" is not the same as access.
Having the gun in a nightstand in a room the felon never goes into does not satisfy the first four.
On the other hand, locking up a gun in a safe does not make access impossible just difficult.
"Care, custody, possession or control" is not the same as access.
Having the gun in a nightstand in a room the felon never goes into does not satisfy the first four.
On the other hand, locking up a gun in a safe does not make access impossible just difficult.
Does this include the criminals and crazy people that don't give a crap about a law?????
Ronnie
Ronnie
I agree. The wording of the law leaves a lot of room for interpretation as to just how far one has to go when securing a gun, if a felon lives in the house."Care, custody, possession or control" is not the same as access.
It is not the owner of the houses problem. It is the fathers problem. He knows he cannot be in control of a firearm. She has no obligation.
To be a devil's advocate...
"Care, custody, possession or control" is not the same as access.
Having the gun in a nightstand in a room the felon never goes into does not satisfy the first four.
On the other hand, locking up a gun in a safe does not make access impossible just difficult.
Yep, and having her firearms in a safe he can’t access certainly passes any reasonable “smell test,” on her part, anyway.It is not the owner of the houses problem. It is the fathers problem. He knows he cannot be in control of a firearm. She has no obligation.
The only problem I see is if he ever get's in trouble again a probation officer will not be happy with and about it.
I would say her obligation is no more than that of any sensible firearm owners. That she is aware of her gun, where it is, its condition, and that it is in her custody, or a place where no unauthorized person can take custody of it.It is not the owner of the houses problem. It is the fathers problem. He knows he cannot be in control of a firearm. She has no obligation.
The homeowner is doing nothing wrong. The father is the one who has to obey the law about a felon living in a house with guns. My GF’s daughter went away for theft for 18 months. She got out, & was on parole for 18 months. During that time, she could not come over to visit her Mom, because I had guns in the house. However, when her Mom, & I would go to her house to visit, I would carry, & that was perfectly legal for me to visit her with my piece, & according to her parole officer, that was fine. The day her parole ended, she came by for a visit. Literally, 2 minutes after midnight. So it’s not up to the gun owner, it’s on the felon. GARY.
My turn. I have a 2br with the whole living area as a studio. I was talking to a model that asked if she could stay at my place on the guest bed while she does day trips to Tampa and Orlando.
We got to talking and she confessed she had a non violent felony from West Virginia but did not get any time.
So, if I am reading 790.23 correctly, then 790.23 1A-E do not apply since it was out of state and she did not get sentenced to any time?
Opinions?
We got to talking and she confessed she had a non violent felony from West Virginia but did not get any time.
So, if I am reading 790.23 correctly, then 790.23 1A-E do not apply since it was out of state and she did not get sentenced to any time?
Opinions?
Don't believe it matters where she was tagged with a felony; she is a felon and therefore an "unauthorized person" and cannot possess or have access to firearms. However, as long as she doesn't have access to your firearms, I don't believe there's a problem with her staying in the same dwelling. There are lots of examples of roommates or couples where one is a felon and the other has their legally possessed firearms locked up or inaccessible to the "unauthorized person." However, I would consider consulting an attorney about your specific situation before saying yes! YMMVMy turn. I have a 2br with the whole living area as a studio. I was talking to a model that asked if she could stay at my place on the guest bed while she does day trips to Tampa and Orlando.
We got to talking and she confessed she had a non violent felony from West Virginia but did not get any time.
So, if I am reading 790.23 correctly, then 790.23 1A-E do not apply since it was out of state and she did not get sentenced to any time?
Opinions?
I don't think whether she did time or not is important. The way I read "e" is that if it COULD have been punishable by a year in jail, then it applies. So, to be sure, you would have to find out what the maximum sentence could have been for her crime.
Personally, I would say you need to keep all firearms under lock and key while she is there -- and make sure she has no access to the key!
Personally, I would say you need to keep all firearms under lock and key while she is there -- and make sure she has no access to the key!
Yea. It’s the veins problem not yours.Someone asked me this today. Her father (with a non-violent felony record) moved in with her. Can she own a gun?
My first impression is that she can (but would be prudent to keep it in a safe that he cannot access).
Anyone know for sure?
I say if she's smokin-hot, let her stay.My turn. I have a 2br with the whole living area as a studio. I was talking to a model that asked if she could stay at my place on the guest bed while she does day trips to Tampa and Orlando.
We got to talking and she confessed she had a non violent felony from West Virginia but did not get any time.
So, if I am reading 790.23 correctly, then 790.23 1A-E do not apply since it was out of state and she did not get sentenced to any time?
Opinions?
Oh wait, you wanted advice on felon access to firearms....
I believe BeerHunter in post #13 above is absolutely correct.
You have to keep the firearms in a manner that the felon would not have physical access to them.
Well, I say, let her stay. Deny any access to firearms, thats why you have a safe or three.
right now I don't have a safe but I have a locked storage area outside.
She called me just now and will be arriving tomorrow morning.
While I was waiting I redid my offer page on my website for local models. - https://deanlautermilch.com/about/
Living in Hollywood I ad had a line of models waiting at times. Not the case in Sebring.
She called me just now and will be arriving tomorrow morning.
While I was waiting I redid my offer page on my website for local models. - https://deanlautermilch.com/about/
Living in Hollywood I ad had a line of models waiting at times. Not the case in Sebring.
Sebring moves at a slower pace, for sure. I enjoy Sebring though. One of my friends has a lake house in Sebring, which I enjoying visiting, to get away from South Florida.Living in Hollywood I ad had a line of models waiting at times. Not the case in Sebring.
Actually the real reason is there is a woman in LE that I have met who spoke at all the local schools, churches, and wherever else and gave speeches on human trafficking and warned everybody that photographers are a common gateway into getting abducted and to stay away from them. It worked well as woman are very afraid. The other problem is there are very few woman to photograph as someone pointed out to me by asking how many woman 20-30 do you see and the answer is very few. The move out of Highlands when they are able.Sebring moves at a slower pace, for sure. I enjoy Sebring though. One of my friends has a lake house in Sebring, which I enjoying visiting, to get away from South Florida.
I will have to go back to hiring just pros where I don't have to deal with the nonsense.
1 - 20 of 29 Posts
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