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View Full Version : Staying with a friend who has a felony, can my firearms be in the house?


Agro
01-29-2010, 12:57 PM
My friend has a felony from over 20 years ago. I won't get in to what it is or all that, but my concern is that if I go stay with him (he is in AZ) and bring my AR's and handguns to his house, can I legally have them in the house unlocked? I thought of bringing them in my padded cases and not all in the locked Pelican cases (a hassle). Am I legally required to have them locked up if they are in the same house as him and I am not there (I'm visiting him, so if he is gone, I am gone, if I am there, he is there)? Maybe another option is to just park my car in his garage and leave my firearms in my trunk?

What about shooting them. Is there any law preventing him from shooting any firearms? I know he would not be able to go out and buy them unless he went to a judge to have his rights re-instated (he could care less to buy). So would there ever be any risks if we are at the range shooting my firearms or if we went to BLM land area and were shooting there and a LEO pulled up to question us? Thanks!

Cpl. Haas
01-29-2010, 1:05 PM
IIRC, felon can't have access to, or be in the presence of firearms or ammunition... I'm sure someone can jump in and cite the applicable USC section.

Locked in your car might fly... but if I was you, I'd either grab a hotel, or leave the guns... too easy for your friend to get jammed up and you to possibly get your guns taken as "evidence". Risk just doesn't outweigh the benefit IMHO.

But then... that's me... just make sure friend can't access guns OR ammo.

Decoligny
01-29-2010, 1:45 PM
Don't have your guns anywhere that your friend can access them. It is an invitation for him to go back to the Government run Gray Wall Bed & Breakfast, i.e. PRISON, for a long time.

Roadrunner
01-29-2010, 1:52 PM
Why doesn't your friend try and get it squashed? If he's been good for 20 years, I don't know why they would fix that.

davescz
01-29-2010, 2:23 PM
i'd seek advice from a real attorney, may depend on discharge rulings after his parole was up, type of felony. and such. at anyrate do NOT do it till your darn sure legally, else it could be a huge headache for both of you.

bwiese
01-29-2010, 3:44 PM
Guns need to be locked away from him.

Since it's his house, you likely don't control security/lockability of guns.

Park off his property, lock the guns/ammo/magazines in your car.
Keep control of your keys 100% of the time, don't leave them on the dresser while you're out & about etc.

GrizzlyGuy
01-29-2010, 3:56 PM
IIRC, felon can't have access to, or be in the presence of firearms or ammunition... I'm sure someone can jump in and cite the applicable USC section.

It is 18 USC 922(g) (http://law.onecle.com/uscode/18/922.html)

It shall be unlawful for any person -

(1) who has been convicted in any court of, a crime punishable
by imprisonment for a term exceeding one year;

to ship or transport in interstate or foreign commerce, or possess
in or affecting commerce, any firearm or ammunition; or to receive
any firearm or ammunition which has been shipped or transported in
interstate or foreign commerce.

tpuig
01-29-2010, 4:33 PM
This is an interesting question. Would the use of a pelican type case with lock be sufficient? (Maybe a combo lock?) Personally I don't like to leave anything in a vehicle. Hadn't thought about this before now...

Agro
01-29-2010, 7:23 PM
Can he legally shoot all my firearms though at the range with my present? Or if we are on BLM land and I am there present and they are all mine?

The link to sec 922 is good, but it s a long read and lots of legal mumbo jumbo.

GaryV
01-29-2010, 7:50 PM
Can he legally shoot all my firearms though at the range with my present? Or if we are on BLM land and I am there present and they are all mine?

The link to sec 922 is good, but it s a long read and lots of legal mumbo jumbo.

Absolutely not! He is completely banned from having any physical control over any firearm, under any conditions at all, except in defending his life (if, for example, he wrestled a gun away from an attacker). If he gets caught even touching one of your guns, he'll be sitting in a federal pen for many years to come.

loather
01-29-2010, 8:00 PM
Can he legally shoot all my firearms though at the range with my present? Or if we are on BLM land and I am there present and they are all mine?

The link to sec 922 is good, but it s a long read and lots of legal mumbo jumbo.

Short answer: No.

Long answer: No.

Right answer: Read the laws -- they're your key to staying out of trouble. Seriously though, even being in posession of a single round of .22 LR could get him locked up again.

If he wants his firearms rights back, he should petition the court. That's the only way, short of a gubernatorial or presidential pardon (unless there's something I'm forgetting).

GrizzlyGuy
01-29-2010, 8:02 PM
Absolutely not! He is completely banned from having any physical control over any firearm, under any conditions at all, except in defending his life (if, for example, he wrestled a gun away from an attacker). If he gets caught even touching one of your guns, he'll be sitting in a federal pen for many years to come.

+1000

Besides the federal law, here is the AZ law (http://www.azleg.state.az.us/FormatDocument.asp?inDoc=/ars/13/03102.htm&Title=13&DocType=ARS), and it's pretty straightforward:

A person commits misconduct involving weapons by knowingly...

4. Possessing a deadly weapon or prohibited weapon if such person is a prohibited possessor

AZ's legal definition of 'Constructive Possession' (as clarified by their appellate courts) is pretty "unfriendly" as well (ex: AZ vs. Cox (http://www.apltwo.ct.state.az.us/Decisions/CR20050272Opinion.pdf), a gun case). Best if you keep your guns as far away from your friend as possible.

Agro
01-31-2010, 7:09 PM
His felony was a state offense and was in California, not prosecuted by the feds. Would this not apply then and should be be able to handle firearms while outside the state of CA?

pullnshoot25
01-31-2010, 7:13 PM
His felony was a state offense and was in California, not prosecuted by the feds. Would this not apply then and should be be able to handle firearms while outside the state of CA?

I think that is fine then... I could be wrong, iANAL.

lawnrevenge
01-31-2010, 7:17 PM
Frankly it's not worth it. You friend is a convicted felon, the consequence of that is that he can't have guns, even just shooting them. He can't vote, and getting a job is more difficult...probably more stuff than that... you get the idea.

He can try and get his rights reinstated (hope he does), but until that happens you are risking your guns, freedom, and his freedom if you bring guns to his place.

cadurand
01-31-2010, 7:34 PM
Quick follow up question... are we expected to know if everyone we ever go shooting with is a felon or not?

I've gone shooting with friends from work. I don't know if any of them are felons or not.

nobody_special
01-31-2010, 7:41 PM
I think that is fine then... I could be wrong, iANAL.

No, it's not at all fine. Look again at 18 USC 922(g):

It shall be unlawful for any person -

(1) who has been convicted in any court of, a crime punishable
by imprisonment for a term exceeding one year;

...

GrizzlyGuy
01-31-2010, 7:53 PM
Quick follow up question... are we expected to know if everyone we ever go shooting with is a felon or not?

I've gone shooting with friends from work. I don't know if any of them are felons or not.

No, if you loaned your gun to a friend from work and were not aware that they were prohibited from possessing firearms, you would not have committed a crime. PC 26 (http://law.onecle.com/california/penal/26.html) covers that where it says:

All persons are capable of committing crimes except those
belonging to the following classes:...

Three--Persons who committed the act or made the omission charged
under an ignorance or mistake of fact, which disproves any criminal
intent....

Five--Persons who committed the act or made the omission charged
through misfortune or by accident, when it appears that there was no
evil design, intention, or culpable negligence.

GaryV
02-01-2010, 10:20 AM
His felony was a state offense and was in California, not prosecuted by the feds. Would this not apply then and should be be able to handle firearms while outside the state of CA?

As NS said, this does not matter. The fact that he was convicted of a felony anywhere, by any court, state, federal, whatever, makes him banned EVERYWHERE, at all times, in the US.