Post by: vandeman17 on April 20, 2011, 02:31:02 PM
Post by: 6x6in6 on April 20, 2011, 02:49:29 PM
http://apps.leg.wa.gov/rcw/default.aspx?cite=9.41.040 (http://apps.leg.wa.gov/rcw/default.aspx?cite=9.41.040)
Post by: vandeman17 on April 20, 2011, 02:52:00 PM
Post by: BIGINNER on April 20, 2011, 03:06:21 PM
The way I read it, she could own the gun but couldn't keep it in their residence. I wonder if it makes any difference that the felony was driving related... :dunno:
DUI? MY BROTHER HAS SEVERAL DUI'S FROM WAY BACK. AND HE JUST BOUGHT A NEW PISTOL.. WENT THROUGH THE WHOLE BACKGROUND CHECK AND EVERYTHING :dunno:
Post by: vandeman17 on April 20, 2011, 03:09:13 PM
Post by: longknife on April 20, 2011, 04:09:20 PM
If the cops get called over there, he is getting charged with another felony, and it is a weapons violation, even if its her weapon.
Post by: CAMPMEAT on April 20, 2011, 04:43:37 PM
Post by: Rick on April 20, 2011, 04:47:09 PM
DUI? MY BROTHER HAS SEVERAL DUI'S FROM WAY BACK. AND HE JUST BOUGHT A NEW PISTOL.. WENT THROUGH THE WHOLE BACKGROUND CHECK AND EVERYTHING :dunno:
A DUI isn't neccessarily a felony.
Post by: vandeman17 on April 20, 2011, 04:48:40 PM
A lot of grey areas on this one. It will cost a bunch to restore your gun rights.
I don't think they are as worried about him restoring it right now as much as her owning a handgun and somehow him getting busted.
Post by: longknife on April 20, 2011, 07:39:16 PM
A lot of grey areas on this one. It will cost a bunch to restore your gun rights.
$1500, the lawyer is in the game regs.
Post by: CAMPMEAT on April 20, 2011, 07:52:25 PM
Post by: h2ofowlr on April 20, 2011, 08:46:40 PM
Post by: MikeWalking on April 20, 2011, 08:49:05 PM
Best bet is to call a Lawyer.
Post by: Desert_Fox on April 26, 2011, 12:58:16 AM
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.
Post by: agchawk on April 26, 2011, 07:55:30 AM
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.
Post by: Caseyd 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
Post by: littlemac 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.:yeah: as stated by many above
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.
Post by: Bofire on April 26, 2011, 10:27:03 AM
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.
Post by: follow maggie on April 26, 2011, 09:02:48 PM
Post by: lawdog on April 28, 2011, 11:20:28 AM