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View Full Version : Cohabitation with a parolee and gun ownership.


omgwtfbbq
01-01-2011, 1:13 AM
Let me start off by saying that as my work's resident "gun guy" I get bombarded with various questions about guns and gun laws and the like. Usually they are the typical and easily answered one but today I ran up against one that stumped me.

The background:

A female coworker of mine was asking me about if in the event she bought a gun if I might help her learn to shoot it. I asked her why she wanted a firearm and said that her and her boyfriend are moving in together and want to get something for home defense, but her boyfriend is currently on parole and can't own, possess, or buy a firearm. So I said that I would gladly teach her the finer points of firearm safety and operation with my own firearms, but wanted to check on the legality of her having a firearm and living in the same house as someone who is a parolee before I advise her to actually purchase one.

Essentially, I was wondering if a parole search was to be performed on their home and a firearm was recovered, even if it was hers and not her boyfriend, could he be held in violation of his parole?

greg36f
01-01-2011, 1:28 AM
Let me start off by saying that as my work's resident "gun guy" I get bombarded with various questions about guns and gun laws and the like. Usually they are the typical and easily answered one but today I ran up against one that stumped me.

The background:

A female coworker of mine was asking me about if in the event she bought a gun if I might help her learn to shoot it. I asked her why she wanted a firearm and said that her and her boyfriend are moving in together and want to get something for home defense, but her boyfriend is currently on parole and can't own, possess, or buy a firearm. So I said that I would gladly teach her the finer points of firearm safety and operation with my own firearms, but wanted to check on the legality of her having a firearm and living in the same house as someone who is a parolee before I advise her to actually purchase one.

Essentially, I was wondering if a parole search was to be performed on their home and a firearm was recovered, even if it was hers and not her boyfriend, could he be held in violation of his parole?

Essentially.....Yes, but if she's hot and you want him gone.....lend her a gun that you are willing to lose, call the cops,...Poof..... he's gone and make your move.....:D Of course he's gonna get out and kill ya, but you can worry about that later....

jtmkinsd
01-01-2011, 1:29 AM
Let me start off by saying that as my work's resident "gun guy" I get bombarded with various questions about guns and gun laws and the like. Usually they are the typical and easily answered one but today I ran up against one that stumped me.

The background:

A female coworker of mine was asking me about if in the event she bought a gun if I might help her learn to shoot it. I asked her why she wanted a firearm and said that her and her boyfriend are moving in together and want to get something for home defense, but her boyfriend is currently on parole and can't own, possess, or buy a firearm. So I said that I would gladly teach her the finer points of firearm safety and operation with my own firearms, but wanted to check on the legality of her having a firearm and living in the same house as someone who is a parolee before I advise her to actually purchase one.

Essentially, I was wondering if a parole search was to be performed on their home and a firearm was recovered, even if it was hers and not her boyfriend, could he be held in violation of his parole?

If he has access to it, of course he can be charged with the violation. She can legally own/possess firearms...but he cannot have access to them. This is usually accomplished with a gun safe...only she can know the combination...or have a key. It's not an ideal situation.

Boyfriend who's a parolee huh? :rolleyes:

MP301
01-01-2011, 1:35 AM
She can have a firearm as long as she is the ONLY one to have access to it. That means locked up or on her person. He cannot have access to keys or combinations to get access or anything like that. And even if it is locked up, I wouldnt expect it to go easy if they discovered it whilst doing a parole search.

I had a buddy whos son lived with him and he was a parolee. All of his guns were in the safe and son didnt have combo. His PO signed off on it as wel.

Might be a good idea for her to contact his parole officer and ask him/her specifically something like.. Im getting a handgun, but since he is prohibited, what must I do to keep us all out of trouble?" or something along those lines. If she asks for permission, they are going to try and BS her into thinking she cant.

gregr266
01-01-2011, 9:13 AM
No access to ammo too. One bullet gets ya a violation

dieselpower
01-01-2011, 9:32 AM
LOL.... dude let me get this straight...

you, a firearms owner is going to teach a girl to shoot a gun, after she just told you her and her boyfriend are going to buy a gun that is illegal for him to own.....

and you have no problem being a party in this drama and mess?

"Hi I'm a hot blond chic with a ex-con boyfriend, we plan on breaking the law together, can you help me?"

"Sure no problem, when the cops come knocking I will just pretend I didn't know what you were doing and its your word against mine."

dude she admitted they ARE going to break the law to you...stay away from her.

omgwtfbbq
01-01-2011, 8:26 PM
LOL.... dude let me get this straight...

you, a firearms owner is going to teach a girl to shoot a gun, after she just told you her and her boyfriend are going to buy a gun that is illegal for him to own.....

and you have no problem being a party in this drama and mess?

"Hi I'm a hot blond chic with a ex-con boyfriend, we plan on breaking the law together, can you help me?"

"Sure no problem, when the cops come knocking I will just pretend I didn't know what you were doing and its your word against mine."

dude she admitted they ARE going to break the law to you...stay away from her.

When did that happen exactly? She wants to buy a gun and asked me if I can show her how to use it safely because her boyfriend can't legally. I'm not going to help her buy a gun for anyone, including herself.

All I am doing is offering to show her how to shoot and use proper gun safety and then she can use that knowledge however she wants. As a gun owner, I feel that I would be compromising my principles if I were to not inform an interested individual of their rights in regards to firearms, no matter what circumstances they are in. I only asked the question of what constitutes "access" to a firearm in the case of a parolee so that I can give her the best information that I can. It might even help her avoid doing something stupid and/or illegal.

To those who actually contributed to the thread, thanks for the information. I'll inform her that she will need to keep any firearms in a gun safe with a combination lock, that he can't know the combination to.

And by the by, she's not blonde, and she sure as hell ain hot. Haha, I have no romantic compulsion to help her. I have a feeling that my fiance would have an issue with that. :rolleyes:

HowardW56
01-01-2011, 9:10 PM
I know a woman that is in a similar situation. SHe has been married to a nice guy, that did time for using drugs in the late 60's. He is a convicted felon, not on parole by a long shot. She does own a handgun and a shotgun.

I am torn about situations like this. Yes he is a prohibited person, but should she lose her rights because she is married to a prohibited person, I don't think so.

But considering the OP, with her boyfriend on Parole, it is risky... They can search at will.

Mssr. Eleganté
01-01-2011, 9:12 PM
Be sure to let her know that if he has a felony conviction then he will be prohibited forever. You don't want her thinking that he can have access to firearms after his parole is completed. I'm just assuming he has a felony conviction since I've never heard of anybody receiving parole for a misdemeanor jail sentence.

As MP301 mentioned, his conditions of parole might have even stricter rules than those he will have to follow after his parole is completed. They might specify no firearms in the home at all.

Bigtwin
01-01-2011, 9:19 PM
I think Dieselpower misread the post about "They" moving in together VS. "She bought", not "they" buying.

HowardW56
01-01-2011, 9:22 PM
Might be a good idea for her to contact his parole officer and ask him/her specifically something like.. Im getting a handgun, but since he is prohibited, what must I do to keep us all out of trouble?" or something along those lines. If she asks for permission, they are going to try and BS her into thinking she cant.

That could bring a early morning knock at the door, just to check on him.

Parole agents will make a mess when they decide to check for compliance...

speeder
01-02-2011, 6:03 AM
WTF! Girl wants to move in and live with an active "PAROLEE" boy friend. lets not bat an eye at that brainiac decision. Now she wants to bring a gun home to that sh^t bird! Hmmmm, let's pat her on the back then sign her up for a life time NRA membership.

I would have had great difficulty not asking her if she had lost her f----g mind right after hearing," I'm going to be moving in with my boy friend who is CURRENTLY ON PAROLE." I would have had a very brief loss for words after hearing how she want's to throw a gun into the mix! That woman isn't only veeeery stupid, she is veeeery dangerous! State Parole needs to be notified, quickly!

The above is coming for a person who has no issue with "any" type a of firearm a stable law abiding person may posses, full auto +.

What was her last bright idea, setting up a day care with a pedophile staff?


PS, while your teaching her proper firearms safety and marksmanship, why not also teacher how to hold up a 7-11, do a drive by, or car jack someone? oooh, never mind, her "PAROLEE BOY FRIEND," the expert will be better suited for that type of instruction!

It's late, I'm tired, and I have just read one of the most outlandish post on a firearms forum yet! I'm out of here! I pray I'll wake up to find this was just a joke or bad dream........

Ford8N
01-02-2011, 6:38 AM
WTF! Girl wants to move in and live with an active "PAROLEE" boy friend. lets not bat an eye at that brainiac decision. Now she wants to bring a gun home to that sh^t bird! Hmmmm, let's pat her on the back then sign her up for a life time NRA membership.

I would have had great difficulty not asking her if she had lost her f----g mind right after hearing," I'm going to be moving in with my boy friend who is CURRENTLY ON PAROLE." I would have had a very brief loss for words after hearing how she want's to throw a gun into the mix! That woman isn't only veeeery stupid, she is veeeery dangerous! State Parole needs to be notified, quickly!

The above is coming for a person who has no issue with "any" type a of firearm a stable law abiding person may posses, full auto +.

What was her last bright idea, setting up a day care with a pedophile staff?


PS, while your teaching her proper firearms safety and marksmanship, why not also teacher how to hold up a 7-11, do a drive by, or car jack someone? oooh, never mind, her "PAROLEE BOY FRIEND," the expert will be better suited for that type of instruction!

It's late, I'm tired, and I have just read one of the most outlandish post on a firearms forum yet! I'm out of here! I pray I'll wake up to find this was just a joke or bad dream........

I agree. I've seen more women attracted to bad boys than flies to ****. Which is what they are.

press1280
01-02-2011, 6:46 AM
A federal court in PA ruled you don't give up your 2A rights if there's a felon living in the house. I don't know of any other court that's ruled on it. I think the case is US v. Huett?

devilinblack
01-02-2011, 9:37 AM
WTF! Girl wants to move in and live with an active "PAROLEE" boy friend. lets not bat an eye at that brainiac decision.

You're trying to insert logic into this part of the situation. It just doesn't work. There's no shortage of people (male and female) that make just absolutely horrible decisions when it comes to choosing a mate. There is no stopping them and sadly, many never learn from their lessons.

jtmkinsd
01-02-2011, 11:31 AM
As G. Gordon Liddy likes to say..."Firearms? No, I don't own any firearms...My wife however owns many. :thumbsup:

tyrist
01-02-2011, 12:29 PM
I am going to make this really easy for you; Tell her not to do it.

Is she violating the law by purchasing a gun, no, as long as she denies him all access. The boyfriends parole agent will however send him back to prison for 10 months or more when he finds out there is a gun in the home. Revoking parole requires no law be violated and just the suspicion the law might be or was violated is enough. So the boyfriend WILL be going back to prison if she has a gun in the house.

I also don't believe for a minute she is buying the gun for herself.

jtmkinsd
01-02-2011, 12:39 PM
I am going to make this really easy for you; Tell her not to do it.

Is she violating the law by purchasing a gun, no, as long as she denies him all access. The boyfriends parole agent will however send him back to prison for 10 months or more when he finds out there is a gun in the home. Revoking parole requires no law be violated and just the suspicion the law might be or was violated is enough. So the boyfriend WILL be going back to prison if she has a gun in the house.

I also don't believe for a minute she is buying the gun for herself.

I will say I've always discouraged the practice...I can just hear the conversation now...

"But baby, how can I save you if I can't get the gun...I don't want to see you hurt or killed knowing I could've saved you...nobody has to know." :thumbsup:

Go Navy
01-02-2011, 1:04 PM
She should get rid of the boyfriend. This sounds like he's using her and I don't mean horizontally.

CHS
01-02-2011, 1:18 PM
I asked her why she wanted a firearm and said that her and her boyfriend are moving in together and want to get something for home defense

There's your problem right there.

In order for her to legally own a gun, he will not be allowed to have *ANY* access to it or the ammo whatsoever.

But having a gun for home defense means having a gun at the ready, and with very few exceptions that means he's going to be able to get access to it in a home defense situation.

I would have her drop this idea.

BluNorthern
01-02-2011, 1:18 PM
How does the parolee feel about you taking his girl out shooting? Do you really think he's not going to get access to that gun eventually? This sounds like a trainwreck waiting to happen, if I was you I'd distance myself from the whole situation.

omgwtfbbq
01-02-2011, 2:22 PM
Haha I'll restate that I'm acting solely as an advisor of the girl's rights. I myself think the girl is an idiot. The guy is an (ex)drug dealer and all around hood, but at the same time, I'm not doing anything illegal by answering the questions she asks of me. I didn't know the answer to them offhand so I came to my go-to online think-tank, Calguns.

jtmkinsd
01-02-2011, 2:30 PM
Haha I'll restate that I'm acting solely as an advisor of the girl's rights. I myself think the girl is an idiot. The guy is an (ex)drug dealer and all around hood, but at the same time, I'm not doing anything illegal by answering the questions she asks of me. I didn't know the answer to them offhand so I came to my go-to online think-tank, Calguns.

I would do my best to subtly get this point accross to her. A serious talk about how she could end up in prison...I know...probably wouldn't do any good...but I would put the information out there anyway.

Ford8N
01-02-2011, 3:56 PM
I also don't believe for a minute she is buying the gun for herself.


+1000

Hopalong
01-02-2011, 6:46 PM
Too many red flags.

I wouldn't touch that with a ten foot pole.

If you've got the hots for this chick, wait until she dumps the loser.

Although she's got to be a loser as well.

MrClamperSir
01-02-2011, 8:16 PM
If you've got the hots for this chick, wait until she dumps the loser.




she's not blonde, and she sure as hell ain hot. Haha, I have no romantic compulsion to help her. I have a feeling that my fiance would have an issue with that. :rolleyes:
Asked and answered

Bill Carson
01-02-2011, 8:27 PM
Walkaway

Tripper
01-02-2011, 8:31 PM
I'd have to simply say good luck with that, and refer her to the parole agent for advise. for sure would not say "this is my advise"

I would not give her advise, cause sure as heck, 2 days later, someone would be knocking on my door saying 'he said it was ok, he's the gun guy', i told him exactly what i was doing, and he said it was ok as long as a did this'...

guess who cant be a gunsmith no more? cant put my finger on it but, I'm sure there would be some law broken there with knowledge of a felon having access to a firearm. gives me shivers.

HUTCH 7.62
01-02-2011, 8:32 PM
sounds like a straw man purchase to me.

fatirishman
01-03-2011, 4:43 PM
A few quick points: the wisdom of any such decision is one that each person must evaluate for himself (to include the expediency of dealing with so-called "peace officers"), however, the law is clear - it is legal. Perhaps he has old enemies that she is worried about - who knows. BTW, it seems really odd to me that people on this forum would advocate disarming someone because of a (very possibly non-violent) "crime" committed BY A DIFFERENT PERSON.

elSquid
01-03-2011, 5:48 PM
A few quick points: the wisdom of any such decision is one that each person must evaluate for himself (to include the expediency of dealing with so-called "peace officers"), however, the law is clear - it is legal. Perhaps he has old enemies that she is worried about - who knows. BTW, it seems really odd to me that people on this forum would advocate disarming someone because of a (very possibly non-violent) "crime" committed BY A DIFFERENT PERSON.

I think people are seeing the situation for what it probably is: a felon ("(ex)drug dealer and all around hood" ) attempting to arrange a strawman purchase. The girl really needs to understand how serious this is, and if she can't honestly answer that the gun purchase is for herself and her use only, then she shouldn't buy.

-- Michael

Cool Hand Luke
01-03-2011, 7:29 PM
So if I let a family member with a felony conviction stay at my house for a week or so and I have shotgun shells for hunting piled outside my safe on top...it is ME that may be cited for a violation? I always thought it was up to the ex-con to keep away from guns and ammo, and if they were caught with access to them, it was all on THEM. I was wrong? :confused:

Sniper3142
01-03-2011, 7:45 PM
Walkaway

No...

RUN!


This has Bad Time written all over it. I see possible time in the cross-bar hotel for him, her, AND you.

Stay Far, FAR Away!!

pieeater
01-03-2011, 7:51 PM
So now this parolee knows you own a bunch of guns and what hours you work.

BKinzey
01-03-2011, 7:56 PM
...I always thought it was up to the ex-con to keep away from guns and ammo, and if they were caught with access to them, it was all on THEM. I was wrong? :confused:

Did you know he was a felon and shouldn't have access to guns and ammo? Did you give him access? What steps did you take to restrict access? Those are the questions you need to figure out for yourself.

shocknm
01-03-2011, 10:14 PM
BMD
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Baby Momma Drama

tyrist
01-03-2011, 10:28 PM
Also I forgot to mention; Living with somebody on active felony probation or parole is an easy way to get yourself caught up and sent to prison as well. It's all around just a horrible decision.

Unless you like swat teams in your house at 0400 hrs.

omgwtfbbq
01-04-2011, 12:18 AM
hahah Yeah I told her yesterday that IF she does it, she needs a safe with a combo lock and him having the combination is a no-no. I told her I have no intention of instructing her on how to do anything illegal and if she wants help learning to shoot, she should get in contact in an NRA certified instructor (Then gave her the card of a friend who is one) I've known this girl for a few years and sorta need to be on good terms with her so I didn't out and out accuse her of trying to do a straw purchase, but I strongly implied that it might be more legal trouble than it's worth to buy a firearm and live with a paroled felon.

Fair nuff kids?