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AEC1
08-22-2008, 9:50 PM
This is one for the attorney and other smart types out there. I am hoping to get a couple good opinions and no flack so please bear with me.

My father just was released from prison. He is a convicted Federal Felon. He was NOT convicted of a violent crime. I am considering an offer to rent a spare room in my home to him. My question is that is it legal for him to rent a room from me if I keep firearms in my home? They would not be in his possesion and he would have no access to them as they are in my bedroom in a safe. I would like a good idea if this would be legal before i make the offer to him. Thanks guys.

Rich

scootergmc
08-22-2008, 9:53 PM
You're good if they're in a safe and he doesn't have combo/key.

ke6guj
08-22-2008, 10:00 PM
AFAIK, he should be able to rent a room from you. However, his parole officer may feel differently, and that is all that really matters.

Similar story, two friends of mine, brothers, lived together and had tons of guns. One brother's girlfriend was getting out of prison and was gonna move back into the house. So, the brothers moved all the gun safes into a spare bedroom and put a lock on the door. Girlfriend did not have the keys and combos to the safes, and would not have the key to the door. Parole officer came by for a pre-release inspection and demanded to see what was in the safes. THe safes were opened, her eyes went :eek: and she told them that there was no way in Hell that the girlfriend would be allowed to live there with all those guns. We ended up having to move two safes and 50+ pistols and longguns to her father's house and put them in the garage. It was OK for her to visit her dad with all the guns in the garage, but those same safes at "her" house was not ok.

AEC1
08-22-2008, 10:15 PM
Thanks guys, anyone know what part of the code I would look for hte rules on this? Since it was a federal offence should I be looking at he federal code as well or just hte state?

ojisan
08-22-2008, 10:31 PM
If it was non-violent he may be able to get his rights returned after some time goes by.

leelaw
08-22-2008, 11:33 PM
He may rent a room.

You must keep your firearms and ammunition locked up.

If he was released early, it may open wherever he is to search at any time, depending on the terms.

eltee
08-23-2008, 8:29 AM
If you are cleaning, packing, etc. the guns while he is in the house, it would be considered a violation since technically while they are out of the safe they are "accessible." The other issue, as mentioned, is the no-warning check and search condition of parole. It applies to his address, so bear in mind that if that is a condition of his release that any time day or night a parole agent can come into the house without prior warning.

This search condition also applies to vehicles.

MudCamper
08-23-2008, 9:16 AM
If it was non-violent he may be able to get his rights returned after some time goes by.

Not if he actually went to prison. In order to get a 17(b) reduction (which is all that matters for firearms rights) you had to not recieve felony punishment, i.e. state or federal prison.

alex00
08-24-2008, 2:42 PM
This is not something I would do. Even if the guns are locked in a safe. 12021 PC makes no mention of a safe, or how the guns are secured. Simply telling the police or parole officer that he does not know the combo to the safe is not going to get him out of an arrest. There are many reasons that the police or parole officer may be in the home contacting your father. Even if you are home, and claim ownership of the guns, there is no way to prove your father does not have access, control or possession of the guns.

It would not take anything "creative" in a police report for an officer to state that he contacted your father, found a gunsafe, and arrested him for felon in possession.

12316(b) PC is another consideration. If there is any ammunition, stored in the house, your father may be subject to further prosecution.

A few big considerations for you are; The possible loss of your firearms as evidence of his unlawful possession. You may even be charged for supplying the firearms or ammunition to your father. This is way too big a risk for most to want to take. If renting a room to your father is important to you, I would seriously consider storing your guns in another location. Proving your father did not know the combination to the safe will be next to impossible.

Don't risk your guns, your freedom, or your father's freedom.

gunsnrovers
08-24-2008, 2:54 PM
Discuss it with his parole officer.

scrat
08-24-2008, 3:44 PM
if you have the safe in your room locked up. how would they even know. I mean keep your stuff in order and keep quiet

ke6guj
08-24-2008, 3:52 PM
if you have the safe in your room locked up. how would they even know.Like I mentioned above, Parole Officers can do pre-inspection and spot visits. They will be looking for contraband. If you refuse them access to your room, they may inform the felon that they can't live there.

tyrist
08-24-2008, 4:08 PM
As a part of his parole he is not allowed to have any access to firearms/ammunition/parts. Which means the safe may or may not be good enough for the parole officer. If the safe were ever opened while he was in the house it would be considered access and he would go back for a minimum of 10 months for a violation of parole. If you want to rent him a room I would store everything you have at a friends house or secured storage. It is just not a good idea for somebody on parole to have any grey area unless they don't want to make parole.

AEC1
08-24-2008, 8:31 PM
Thanks for all the help guys. Upon further consideration I think it best if he gets his own place. Thanks for all the great advice!