legal ?

This is a discussion on legal ? within the Concealed Carry Issues & Discussions forums, part of the Defensive Carry Discussions category; my mothers husband just returned home. he is on felony probation for a non violent crime. part of his probation is he can not have ...

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Thread: legal ?

  1. #1
    Member Array wishicould's Avatar
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    legal ?

    my mothers husband just returned home. he is on felony probation for a non violent crime. part of his probation is he can not have access to any firearms for 3 years. can i carry when around him or in his house? my thought is as long as the firearm is concealed on me he does not have access to it, but i dont know the california law on this. my parents live in a bad area were i would not even consider leaving my gun in the vehicle. so if i can not be near the step father while packing my only option is to leave my gun at home. does any body know what i can do?

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    VIP Member Array Bud White's Avatar
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    You'll have to check your laws to be sure but i don't think he can be around firearms period even concealed on you

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    Ex Member Array Phil Elmore's Avatar
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    That doesn't make sense to me -- if he was in a store, let's say, and another customer was carrying a legal firearm, that stranger would hardly be breaking the law. This man's sentence does not infringe on the civil rights of all he encounters. At least, it shouldn't.

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    VIP Member Array Bud White's Avatar
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    Quote Originally Posted by Phil Elmore
    That doesn't make sense to me -- if he was in a store, let's say, and another customer was carrying a legal firearm, that stranger would hardly be breaking the law. This man's sentence does not infringe on the civil rights of all he encounters. At least, it shouldn't.
    It wouldnt bother the people he is around per say it would violate the conditions of his release and if he knowing did it he would go back to jail

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    Ex Member Array Phil Elmore's Avatar
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    That's the key -- knowingly. I think a "don't ask, don't tell" policy on the part of his relatives would solve the issue.

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    VIP Member Array Bud White's Avatar
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    Quote Originally Posted by Phil Elmore
    That's the key -- knowingly. I think a "don't ask, don't tell" policy on the part of his relatives would solve the issue.

    Maybe Relatives especially a Son or step son would be really iffy

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    Member Array wishicould's Avatar
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    Quote Originally Posted by Bud White
    You'll have to check your laws to be sure but i don't think he can be around firearms period even concealed on you
    last year there house was searched. at the time he was out of town for a cuople weeks for work. i had two rifles at his house where i was staying while he was gone. the police took the rifles. they said if they where out in my car locked it would be okay. once i proved they were mine and he was gone i got them back. who here feels that anybody else has access to your gun when its concealed on your hip?i feel it would be easeir to break the window out of my truck then to wrestle my gun from me considering no one knows its on me in the first place

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    Senior Member Array Zundfolge's Avatar
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    Honestly the only way you're going to get a definitive answer is to contact the local District Attorney's office and ask them.

    I would think that if the gun is in a holster belted to you that you are considered legally "in control" of the firearm so it should be fine. What happens if a cop in uniform walks into the room? I seriously doubt they would claim he has "access" to the cop's sidearm.

    That said, you're not in a very gun friendly part of the country so it would be worth it to get a definitive answer from the DA (preferably in writing).

    That's the key -- knowingly. I think a "don't ask, don't tell" policy on the part of his relatives would solve the issue.
    The man already knows his wife's son packs ... I seriously doubt that one could claim that he didn't if the S hit the F.

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    Member Array paknheat's Avatar
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    Save yourself a lot of headaches , just go straight to the source and contact the probation/ parole dept and ask them.
    A armed person is a citizen-An unarmed person is a future victim.

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    Member Array wishicould's Avatar
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    Quote Originally Posted by paknheat
    Save yourself a lot of headaches , just go straight to the source and contact the probation/ parole dept and ask them.
    im in california his probation is out of florida

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    Member Array wishicould's Avatar
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    Quote Originally Posted by Zundfolge


    The man already knows his wife's son packs ... I seriously doubt that one could claim that he didn't if the S hit the F.
    he knows i own guns but he does not know i carry. i dont trust him enough to let him know. my mother knows but she understands and she will never tell him unless he outright asks. since he doesnt have any idea i duobt he will ever ask

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    Member Array Hagphish's Avatar
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    Check out www.packing.org
    I'm married to my Kahr.

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    Member Array CraigJS's Avatar
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    wishicould,
    Tell your mother if ever asked to say that she has no idea if you are carrying or not.. She wouldn't be lieing as long as you don't show her that you are currently carrying. Better for him also, he wouldn't knowingly be violateing his terms..

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    VIP Member Array PatrioticRick's Avatar
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    How much do you like you step father? I would think he would get in trouble if you were in his house, but not if he was in yours.
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    mik
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    I know it might not be legal in the strictest sense of the word I dont know your state laws), but I would not let the affairs or situations of others dictate my actions, especially if in any other circumstance, they'd be legal.

    Were it me, I'd carry and not inform anyone. None of their business. It's my decision and mine alone.

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