Brother is going on house arrest, I need some input

[AngryBadger417]

So my twin brother is going on house arrest. He was arrested for driving on a revoked license after getting a DUI. So I am wondering if there is going to be a problem with me keeping firearms in the house (we live together in a two bedroom apartment) on his list of rules it states that " he may not possess or be in control of any firearms" can someone clear what "be in control of" means when concerning my firearms? I own a glock 19, a kahr CW9, and a mossberg 500. I have a small lock box that I can lock my handguns up in, but I have no safe for my shotgun, all I have is the cable lock. Any thoughts or knowledge about this thing will be greatly appreciated.

[DefensiveCarry.com]

[NC Bullseye]

You best bet is to get clarification from the court as to what will and won't be acceptable.

[Ghost1958]

Had a little expierience with this with a friend. Be in control of means using it, like hunting with it or actually having it on him or in his hands. Just because they are in your house and hes there doesnt connect him to the guns or you to a problem.
If he takes one against your permission then he stole it and your still clear. At least that is the way it worked here.

[AngryBadger417]

Well his home confinement officer is coming tomorrow to check out the house and all that, I just don't want any surprises. If need be I can just give me shotgun to a friend for safe keeping until my brother is done with all of this.

[AngryBadger417]

Had a little expierience with this with a friend. Be in control of means using it, like hunting with it or actually having it on him or in his hands. Just because they are in your house and hes there doesnt connect him to the guns or you to a problem.
If he takes one against your permission then he stole it and your still clear. At least that is the way it worked here.

Thank you! That's kind of what I though as well, just wanted to double check. I appreciate it!

[tacman605]

You will need to check your specific state laws but generally in possession of or control of means exactly that. The simple fact that there is a firearm in the house does not/could not be considered that he is in control of the weapon.

The weapons should be secured anyway where he could not gain access.

[Crowman]

I do not know the laws in W.VA or your local laws and an not an attorney. However taking "being in control of" literally I take it to mean he would not be allowed to have openly/easy access to your weapons. Might be in your best interest to have your friend store your shotgun.

[DannyB1954]

Ditto on checking with the local law. What we think means nothing if his parole officer disagrees. Really, what is he going to tell the officer, that his brothers chat room buddies said it was OK?
I let an acquaintance stay in my RV during their drug court deal. They said that if the PO found so much as one .22 bullet in the RV, their butt was in deep doo doo.

[phreddy]

Definitely check with the court. We had a thread on here years ago, where a forum member had to get rid of his guns completely because his grandson who lived with him got in some legal trouble. If I recall correctly, he lived in NY state, and the state did not consider guns locked in a safe to be in compliance with the court order.

[high pockets]

Firstly, let me say I AM NOT AN ATTORNEY!

Secondly, let me reiterate earlier advice: contact an attorney &/or the local prosecuting attorney's office!

The visiting parole officer will probably not care that you may be ignorant of court requirements.

[SIGguy229]

I'd put a keyed lock on your bedroom door...or get a (rifle) gun case, put two locks on it and secure it to a bed frame with a cable lock.

Basically, exercise due diligence to demonstrate your firearms are secured when you are not home and he does not have direct access to the firearms. It would be no different if your neighbor had a firearm. To gain access, your brother would have to break down a door, break the locks/case to get access to a firearm. That, to me, would demonstrate criminal intent...

Just my 2 cents.

[gasmitty]

You absolutely need to understand your state's laws regarding your brother's situation and the implications of house arrest for you. You can trust him to the end of the earth, but that doesn't mean the law will.

The stakes can be very high for all concerned if there is a felony charge pending.

[Exacto]

First off, I am not an attorney and strongly suggest that you consult one.
Under the law there are two kinds of possession. Actual possession, having physicial custody of an object i.e a gun. And constructive possession, the person has knowledge of and access to an object, i.e a gun. Technicaly if your brother knows about the shot gun and has access to it, it is not necessary that he actually touch it to be in violation, and that would put you in jepordy as well.

[dben002]

Yes indeed...agree with others...consult local legal council in your state that can give you information about you and your brothers standing in such a situation.

[glockman10mm]

Our CAP, or Community Alternative Program officers, which are not the same agency as the P&P officers make the rules about this in my state. Home incarceration rules can change from jurisdiction and may or may not be State run.

Check with the Agency that will be doing the checks. One thing you must remember, is that you will be losing the integrity and sovereignty of a free and private home, because you will have to sign an agreement with the agency.