The law with firearms a good citizen and felon in the same house.

This is a discussion on The law with firearms a good citizen and felon in the same house. within the General Firearm Discussion forums, part of the Related Topics category; I live in Washington State and I have my CPL and a defensive handgun because of an active death threat. One of my close family ...

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Thread: The law with firearms a good citizen and felon in the same house.

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    Member Array jcsftwre's Avatar
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    The law with firearms a good citizen and felon in the same house.

    I live in Washington State and I have my CPL and a defensive handgun because of an active death threat.

    One of my close family members will be getting out of prison in a few years and wants to know if he can live at my house for some time.

    Does anyone know what the law is about me being able to still have and carry my gun in my home knowing a felon that is not allowed to have a gun is living in the same house?

    I am asking now before this comes up so I can know what to do. I am not asking about the common sense of allowing this to happen I am only asking about the legality of the law. As if it is permissible as long as certain guidelines are fallowed. Like locks on doors, guns in locked gun cabinet and so on.

    Please if you have a comment (I hope you do) please keep it to what the law states and not opinions. I really would like to hear from LEO’s retired or active.
    Last edited by jcsftwre; October 30th, 2010 at 06:20 PM. Reason: to correct wording
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    You need to hear it from a lawyer (or DA) more than an LEO.
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    mrm
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    I heard about a cwp person getting their license revoked cause this happened to him with his grandkid. I think it was NY that it happened anyway a good friend of mines dad had way to many DUI problems and ended up with felony and prison time, he is living with him and the parole officer knows about his guns and said as long as they are locked up in a safe they were ok with it. I dont know if this is standard or if they in particular were ok with it, I think it also hangs on what the person did to end up in prison also.
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    Member Array jcsftwre's Avatar
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    Thanks for the comments so far. But you did just remind me of something. Is there an avenue for people in my situation to speak with the local DA?
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    Member Array jcsftwre's Avatar
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    I just found the email address for my local DA for questions. I'm going to go to them for my questions.
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    To get a definitive answer you need to check with a lawyer in your state. Laws vary from state to state and what would be legal here in Virginia, or even as close as Oregon may be illegal in Washington state.

    I believe in most states you will find that as long as the convicted felon does not have access to the weapons (as in locked in a safe that he does not have access to) you would be alright. Again, check with a lawyer in your home state to see how your laws are written.
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    I'm a retired LEO and had a situation similar to yours. A traffic stop involving a convicted felon legally driving a friends car. A search of the vehicle revealed a AKM in the trunk that was later determined to belong to the car's owner. The driver was arrested and charged as being a felon in possession, since he had access to the weapon. He was tried and convicted. This was in NM, but I'll bet the laws are similar enough.
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    Ex Member Array Ram Rod's Avatar
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    Touchy situation I'd say. Convicted felon can't have access to firearms. This has nothing to do with 'ownership'. I think it's best for you to consult with an attorney or your local DA for sure. Best of luck sorting it all out.

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    Keep your weapons either on your person, or locked in a safe (the felon cannot have access to the safe).
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    Quote Originally Posted by retsupt99 View Post
    Keep your weapons either on your person, or locked in a safe (the felon cannot have access to the safe).
    Absolutely what this man said. If your relative winds up being busted in possession of one of your guns, the potential exists for you to be charged with providing it to him or her.

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    I would do as others have said consult an attorney in your state. Also if you have your family member live with you keep your gun(s) locked up when not on your person.

    Be sure your relative has no access to your safe,this means keys and or combination to your safe. Keep you keys locked in the safe to ensure they have zero access to your guns. Also if they ride in your car no off body carry period. I have an ex girlfriend who had a felony conviction and went though this when we lived together years ago.
    Snub nose revolvers,the original concealed carry guns.

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    I agree, consulting an attorney in your state is the only right thing to do.
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    He probably will not be approved to live in your home when he gets out on parole due to firearms being in the home. I would just say no to him. Sorry if that sounds bad; but, it's also a big liability on your part if he returns to crime and accesses your gun. Talk to your attorney.
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    I agree with the others in consulting a lawyer. One state is different from another. However in N.C the burden would fall on him (the convicted felon) not you. He already knows the law, about being in procession of a firearm, and/or being in the same dwelling with a law abiding citizen that owns a firearm. But like everyone says seek some professional advice.

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