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Discussion Starter #1
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.:frown: does any body know what i can do?
 

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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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Phil Elmore said:
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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Phil Elmore said:
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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Discussion Starter #7
Bud White said:
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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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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Save yourself a lot of headaches , just go straight to the source and contact the probation/ parole dept and ask them.
 

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Discussion Starter #10
paknheat said:
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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Discussion Starter #11
Zundfolge said:
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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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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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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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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As a felon he cannot own, posses, control or have access to firearms. Your firearm on your belt is not in his possession or control, and he doesn't have access unless you hand it to him or he takes it by force. If a cop stops him on the street does the cop have to disarm?

Your mother, however, can not keep firearms in the house unless they are strictly under her personal control... ie: kept either in a safe he doesn't have the combination for, or on her person. If you live at home same for you.

Just because he's had his rights restricted doesn't mean every single person he know or come into contact with has their restricted.
 

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tanksoldier said:
As a felon he cannot own, posses, control or have access to firearms. Your firearm on your belt is not in his possession or control, and he doesn't have access unless you hand it to him or he takes it by force. If a cop stops him on the street does the cop have to disarm?

Your mother, however, can not keep firearms in the house unless they are strictly under her personal control... ie: kept either in a safe he doesn't have the combination for, or on her person. If you live at home same for you.

Just because he's had his rights restricted doesn't mean every single person he know or come into contact with has their restricted.
Correct answer. You should not be residing in the home while he is there (and "be in possession" of your weapons. Visiting is ok, but if the weapon(s) are ever not under your direct control, you can both be in trouble(in the dresser, while you're sleeping, for instance).
 

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As long as he is not in posession of it, there should be no problem.
 

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I am a reserve LE in California. Sure you can carry around him. There is no problem as long as you keep your weapon concealed and on your person. Things can only go sideways if you were to take your gun off and place it on a table or something of that nature. so probably best to leave it somewhere else if you were to spend the night. other than that carry your gun like you are supposed to,CONCEALED, then everyone is covered.
 

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No offense to anyone posting, but ONLY take legal advice from a lawyer, and then only from one who practices in your state. (And I don't even like lawyers. .. )

mm
 
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