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Author Topic: gun ownership and a felony  (Read 7067 times)

Offline Caseyd

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Re: gun ownership and a felony
« Reply #15 on: April 26, 2011, 08:07:21 AM »
While a ago, I was studying the CA Assault Weapon Ban, and stumbled on a hypothetical case about parents letting their felon son stays in their resident.

If I remember correctly, yes, you can have both: a felon and guns in your house. However, the felon must not have access to the gun and your house is subject to search without a warrant, and if the felon have access to the gun, the owner of the gun will be charge with felony.

Guns in a Department approved gun safe and make sure the felon has no way getting in is the only way to protect parents from prosecution.

My cousin is a felon and cannot poses a firearm, he now bowhunts. My aunt and uncle still hunt modern.

What you described above sounds exactly like their situation. He is not allowed access to the gun safes and is subject to random searches. I know that the cops have searched his room at least once to make sure all guns are in the safe etc

Offline littlemac

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Re: gun ownership and a felony
« Reply #16 on: April 26, 2011, 08:11:26 AM »
A few of the folks here have already answered your question. A felon cannot be living in a residence with firearms, regardless of who's they are.

 I know this first hand. I have a relative that spent 8 years in prison for manslaughter (Bar fight gone very, very badly). After he got married his parol officer stopped by the house one day and discovered that his wife had a .22 LR that his WIFE OWNED prior to them getting married. He was arrested on this violation and spent an additional year behind bars for it.
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Offline Bofire

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Re: gun ownership and a felony
« Reply #17 on: April 26, 2011, 10:27:03 AM »
 :)I do not know the state law but the federal law says a felon cannot be in "control" of a firearm.
Carl

"1)(a) A person, whether an adult or juvenile, is guilty of the crime of unlawful possession of a firearm in the first degree, if the person owns, has in his or her possession, or has in his or her control any firearm after having previously been convicted or found not guilty by reason of insanity in this state or elsewhere of any serious offense as defined in this chapter."

here is what washington says. so I guess it comes down to defining "possession" and "control" I bet there have been cases that have set precedence for this definition.
« Last Edit: April 26, 2011, 02:49:13 PM by Bofire »
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Offline follow maggie

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Re: gun ownership and a felony
« Reply #18 on: April 26, 2011, 09:02:48 PM »
A guy in Bremerton went back to prison for this exact situation last year.

Offline lawdog

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Re: gun ownership and a felony
« Reply #19 on: April 28, 2011, 11:20:28 AM »
pretty sure it has to be violence related, i know you can also have your privelage revoked for certain recuring misdemeanors.
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