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Discussion Starter · #1 ·
I need some help. I have a best friend who is a convicted felon who is about to go on probation. It was white collar, non-violent crimes. The kicker is she lives with me and I own guns. Her family (and her) are telling me that in order for her to keep living with me I must get rid of all of my weapons. Just in case a probation officer comes by for an inspection. I am between a rock and a hard place on this one cause I do not want to part with any of my weapons, but I don't want her to get into trouble or have to move out . Can anyone shed some light on this for me.....please
 

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I did an internet search and came up with this

Question
Can a convicted felon live with someone that has gun in a safe and they have no access to the weapons?

Answer
Most likely YES. As with all such legal questions an experienced Criminal Attorney should be consulted first; even the local District Attorney office could offer a judgment. Generally, except for felony convictions in foreign countries, US felons are prohibited from possessing firearms. The extent of possession is the big question:
[excerpt] The crime of possession of a firearm by a felon has two elements-a prior domestic felony conviction and possession of a firearm. The statutes "makes no reference to intent and … a prosecutor is only required to show that the felon 'possessed' the firearm with knowledge that it was a firearm." Possession "'means that the defendant knowingly had actual physical control of a firearm.'" The standard jury instruction addressing "Possession" further explains that "an item is ... in a person's possession if it is in an area over which the person has control and the person intends to exercise control over the item." Possession "may be imputed when the [firearm] is found in a place immediately accessible to the accused and subject to his exclusive or joint dominion and control, provided that the accused has knowledge of the presence of the [firearm]." So proceed carefully.
Link

I would follow the advise of contacting your local District Attorney. Good luck.
 

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sgtlogan,

Here is a section I typed from "Florida Firearms Law, Use & Ownership" by Jon H. Gutmacher, Esq. His book is the gun bible for us non-law type of people. This seemed to apply to your situation. If anything it will give you a reference to do further searching for your answer. Hope this helps.

I don't know when she will be back in your home but I would be asking many official people what you should do. I'd hate to see you get into legal trouble because you want to keep your guns in your home but a felon happens to be there as well. I would certainly consult those legal brainy people on this one for your own sake.

MamaBear

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Question: My boyfriend and I live together. He is a convicted felon and wants a gun in the house. Can I buy it for him if I keep it?

Answer: No. If you’re buying it “for him”, it’s a second degree felony for him to have it, and you’re violating State and Federal law by making a “straw” purchase. Very serious stuff.

Question: How about if I really just want it for me and not for him?

Answer: First, he should not have access to the firearm. You should keep it on your person, and when not on your person, it should be kept locked in a safe or strong box that he does not have either the key, or combination to. This is technically legal, but very risky as the feds really like to prosecute this type of case. Remember, even if it’s yours – your convicted felon live-in could still be charged with “constructive possession”. That means that he has knowledge of where the firearm is located, and has the ability to control it as well. This is a factual issue for the jury, and in my opinion is not worth the risk. Also, don’ t leave any ammunition lying around – as this is just as serious for a felon to possess as a firearm, and the feds will prosecute it if given the change. Ammunition includes any part of a cartridge, even if empty, and even if it’s on one of those cool key chains!
 

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if your weapons are locked away, and the guy comes and does an inspection, how will he know whats in your safe? and its YOUR property and not hers. make that clear. Any weapon you have laying around when the knock comes, goes in your wasteband, and noone is the wiser.

that is what i would do. but dont listen to me.
 

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Discussion Starter · #8 ·
Thanks to all. I still have alot of questions and I will be seeking answers. I have thought of checking with the probation department. I really do not want to give up my guns, most likely at a terrible loss in value, just to accomodate some jerk off probation officer.
 

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Please don't take this as a flame it is not meant to be but I think that it's funny that the jerk off in this situation is the probation officer that will have no choice but to do his/her job and not your friend that committed the crime.
 

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Discussion Starter · #10 ·
dually....

Sir you don't know how many people, and times that I have heard this. Moost folks just say to kick her down the road to fend for herself. I am not sure that this is not the best answer. I think she is totally ready to move on because she knows that I will not get rid of my weapons.
 

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I don't know what your relationship to the lady is or the circumstances behind all that has occured. I would not say just to give her a kick in the pants and send her on her way but you have to make a choice as to what sacrifices you are willing to make to accomodate her situation; what chances you are willing to take to keep her with you; how trust worthy is she that she won't bring more problems to your doorstep.

You could keep the weapons in a safe and away from her. I wouldn't have it on me while a probation officer is in the house. If he happens to notice you carrying it would cause you and her a lot of headaches. In this case when I know the PO is coming I would just lock everything away in a safe in my private room and the PO has no business knowing what you have there. Now, if she brakes the law again, by choice, mistake or stupidity they could come barging in and search the house and confiscate your weapons (so how much do you trust her not to screw up again?). You could at that point wind up in jail and loose your carry permit.

Or if you really have no feelings for her one way or the other you could just simply tell her you are not getting rid of your guns and she needs to make other arrangements.

The other choice you have (if you have strong feelings for ther and don't want to loose her) is to get rid of all your guns or give them to someone else for safe keeping. You can keep a carry weapon in your car (not recommended) and use it from there when you are out.

I a lawyer says in a book he doesn't recommend having a gun in a house with a felon its because they or someone else has not been able to defend it succesfully. Just think if you were a juror. Ladies and gentlemen of the jury. My client did not have a weapon in her possesion or the ability to acquire one. Those weapons are the property of her room mate and not hers. I can imagine the juror thinking,"Yeah, like I am going to believe that one".
 

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I have a couple of questions, why is her family so intent on her living with you rather than them? Why do they insist on you getting rid of your weapons? Do you intimidate them so much that they would want to separate you from the ability to enjoy your second amendment rights? White collar crime or not, it sounds like he already made the decision to give up her 2A rights and now you have to suffer? My advice, cut your losses before you really do loose out.
 

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Discussion Starter · #13 ·
All of her family lives up in Indiana. They also do not like guns. Her uncle is a judge and he advised the 2 could not mix. Her lawyer here said not to mix the two. But I think this will give me a reason for a bigger new safe, and maybe a dead bolt for my walk in closet.
 
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