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View Full Version : Okay guys! one more question!


mrvash
05-29-2011, 3:31 PM
All questions has been answered, thank you all!

oni.dori
05-29-2011, 3:45 PM
IANAL, but wouldn't a lot of that have to do with where the gun cabinet is located (ie. in a "common" room or in your room), if the cabinet itself locks (and whether it is keyed, who has a key, or combination)? It may even come down to whether or not it is DOJ approved or not, IDK.

BigBamBoo
05-29-2011, 3:48 PM
.....................

Purple K
05-29-2011, 3:52 PM
It should be fine with things as you described. The cabinet is in your room (not a common area), your room is locked (only you have the key), the cabinet is locked (only you have the key). Ultimately it would be worth a call to her probation/parole officer to avoid drama later.

MP301
05-29-2011, 5:23 PM
Your GTG the way you described it.

mrvash
05-29-2011, 5:50 PM
Thanks guys for the input so far, she can still have her probation officer raid/search her home if they so choose to. The thing is my father is becoming a bit irritated with me bringing my guns back and forth from the range, and if legal, for her and I, buy this gun cabinet and securely store my firearms in my room locked without legal consequences.

SoCal Bob
05-29-2011, 6:11 PM
It might not hurt to call her probation officer directly and ask this question. It could save you and her from any misunderstandings later.

cadurand
05-29-2011, 7:34 PM
What's wrong with leaving them at your father's place?

Are you coming and going and strange hours? Why would your father be irritated?

I'd avoid any drama with the law and living with a felon. It can all look kosher as far as the laws go but all it takes is one law enforcement officer who sees things differently and it's your guns that disappear.. probably along with all your cash to get them back.

I'd avoid that at all costs. But that's just me.

Rotnguns
05-29-2011, 7:46 PM
I have an opportunity to purchase a gun/rifle cabinet which will come with key locks equipped. My main concern is; I live with a roommate and she is a felon on probation, I keep all my firearms at my father's residence, if I get this rifle cabinet with locks and my rifles, pistols and ammo stored within and kept it in my bedroom room (which I have installed a lock on the door) can she still get into trouble with the law within the state of CA.

FYI,
The residence is under her name, she is a very good friend of mine and I can't live on my own at the moment, so moving out is out of the question. Also, She will not receive any keys to my room and/or gun cabinet.

I say, leave your guns at pops. You could be about to write a check that you'll spend the rest of your life cashing.

1911su16b870
05-29-2011, 7:47 PM
She's a felon on probation with most probably a search clause...if they decide to search her residence owned under her name...if you are not there to institute your claim on separate rental unit within that residence it could go badly for her.

mrvash
05-29-2011, 7:50 PM
What's wrong with leaving them at your father's place?

Are you coming and going and strange hours? Why would your father be irritated?

I'd avoid any drama with the law and living with a felon. It can all look kosher as far as the laws go but all it takes is one law enforcement officer who sees things differently and it's your guns that disappear.. probably along with all your cash to get them back.

I'd avoid that at all costs. But that's just me.

The problem is, my pops doesn't mind when I come over and visit from time-to-time, but he is a working class man and enjoys his time fishing, going out, working at his job and it becomes a burden when, for example, he drops whatever he is doing for me to arrive to grab my guns to go shooting, clean and bring them them back. He doesn't complain or anything, but I feel terrible when he is late or cancels a fishing a trip just to wait for me to go get the guns at his house, shoot, clean and bring them back for storage.

And my roommate and I are both attending the same college, split the bills evenly (which is perfect for me financially) and moving out of the residence just to keep my firearms with me is just too much. Worse case scenario, I will just leave them with my pops and forget about them so I don't bother him getting them back and forth, or try and find an alternative to store them with me at my current residence.

Rotnguns
05-29-2011, 7:57 PM
The problem is, my pops doesn't mind when I come over and visit from time-to-time, but he is a working class man and enjoys his time fishing, going out, working at his job and it becomes a burden when, for example, he drops whatever he is doing for me to arrive to grab my guns to go shooting, clean and bring them them back. He doesn't complain or anything, but I feel terrible when he is late or cancels a fishing a trip just to wait for me to go get the guns at his house, shoot, clean and bring them back for storage.

And my roommate and I are both attending the same college, split the bills evenly (which is perfect for me financially) and moving out of the residence just to keep my firearms with me is just too much. Worse case scenario, I will just leave them with my pops and forget about them so I don't bother him getting them back and forth, or try and find an alternative to store them with me at my current residence.

Young man, living with a room mate whom you really like, even though she is a felon, is pretty cool.

Being able to easily access your firearms whenever you want is cool also.

Choose one.

mrvash
05-29-2011, 8:04 PM
Young man, living with a room mate whom you really like, even though she is a felon, is pretty cool.

Being able to easily access your firearms whenever you want is cool also.

Choose one.

I see where you are going with this, I'll just leave them with my dad till whenever. Shame and discouraging really, but what has to be done has to be done. Either way, I'm going to buy the gun cabinet for future use.

Kid Stanislaus
05-29-2011, 8:09 PM
I have an opportunity to purchase a gun/rifle cabinet which will come with key locks equipped. My main concern is; I live with a roommate and she is a felon on probation, I keep all my firearms at my father's residence, if I get this rifle cabinet with locks and my rifles, pistols and ammo stored within and kept it in my bedroom room (which I have installed a lock on the door) can she still get into trouble with the law within the state of CA. FYI, The residence is under her name, she is a very good friend of mine and I can't live on my own at the moment, so moving out is out of the question. Also, She will not receive any keys to my room and/or gun cabinet.

Good move Vash, you've come to the perfect place for legal advice.:rolleyes:

mrvash
05-29-2011, 8:15 PM
Good move Vash, you've come to the perfect place for legal advice.:rolleyes:

Sarcasm! I love it! all kidding aside, better second party advice than no advice and jumping in blindly. What is your opinion on the topic at hand?

ironcross
05-29-2011, 8:18 PM
I would make sure you have a rental agreement in WRITING and rent receipts. Making sure she has no access at ANYTIME to your guns...like when you take a shower or call for nature,etc....make sure your room and guns are locked up. You (and she) should be fine.

Without a rental agreement, someone could argue that your a couple and might say that the whole house is common area...especially if the place is in her name.

Now if she is only felony probation or parole then that could be another "situation" and having a probation/parole "inspection" (read raid) might ruin both your days.
If she is this would be something she should talk to her PO about.

Remember...there is book laws and then there are the way things work in the real world. I'm just say'in...

This, As long as you can show proof that your a tenant (roommate). Even make her sign a contract stating they she will NEVER enter your room. Have locks on the door, keep the keys in your possession. Don't put them in a 'key cup'.

Do everything in your power to make sure there is no way for her to enter.

They sell window locks at Home Depot for like 6 bucks (Like a metal clamp that clamps on to the track of window to restrict movement beyond the lock/clamp).

I'd also speak with a PO too.

But I wouldn't rush to elaborate that you have firearms at the location. Get some feelers/vibe from the PO. Remember to write down names of people you talk to.

If you don't want to deal with it all. By all means keep them at another location.

IANAL, But it's better to be safe then sorry.

1911su16b870
05-29-2011, 8:39 PM
...I live with a roommate and she is a felon on probation... she is a very good friend of mine and I can't live on my own at the moment, so moving out is out of the question...

Friend or more than friend? ;)

IMO leave the guns with pops until you can move out...

mrvash
05-29-2011, 8:42 PM
Friend or more than friend? ;)


Lol trust me, definitely friend only basis.

ke6guj
05-29-2011, 9:02 PM
Ultimately it would be worth a call to her probation/parole officer to avoid drama later.

It might not hurt to call her probation officer directly and ask this question. It could save you and her from any misunderstandings later.


I'd also speak with a PO too.

But I wouldn't rush to elaborate that you have firearms at the location. Get some feelers/vibe from the PO. Remember to write down names of people you talk to.



they all nailed it. It basically falls down to the person's PO. Some friends of mine, two brothers, lived together and had a firearms collection that filled two large safes. One brother's girlfriend was getting out of prison and the PO was doing a pre-release inspection before she moved back into the house. We had moved the gunsafes into the othe brother's room and installed a locking doorknob, hoping that that would be good enough. But when they talked to the PO about it, she demanded to see how they were secured. When they opened the safes, her eyes went :eek: and she said no way in hell could all of those guns be there while the girlfriend was living there, even though they were locked up. She'd violate the girlfriend in a heartbeat if she was living there with all those guns.

So, we had to move all the guns to the girlfriend's parents' garage and that was ok per the PO. Even though the girlfriend visited her parents all the time and would be near those same firearms:confused:

Had it been only one or two firearms locked up in a safe in the other brother's room, the PO would have been ok about it. but somehow 50+ firearms was not ok.

Ron-Solo
05-29-2011, 9:06 PM
It might not hurt to call her probation officer directly and ask this question. It could save you and her from any misunderstandings later.

This is the BEST advice.

mrvash
05-29-2011, 9:16 PM
Had it been only one or two firearms locked up in a safe in the other brother's room, the PO would have been ok about it. but somehow 50+ firearms was not ok.

Lol, nice! 50+ firearms

ironcross
05-29-2011, 9:32 PM
they all nailed it. [1]It basically falls down to the person's PO. Some friends of mine, two brothers, lived together and had a firearms collection that filled two large safes. One brother's girlfriend was getting out of prison and the PO was doing a pre-release inspection before she moved back into the house. We had moved the gun safes into the other brother's room and installed a locking doorknob, hoping that that would be good enough. But when they talked to the PO about it, she [2] demanded to see how they were secured. When they opened the safes, her eyes went :eek: and [3]she said no way in hell could all of those guns be there while the girlfriend was living there, even though they were locked up. She'd violate the girlfriend in a heartbeat if she was living there with all those guns.

So, we had to move all the guns to the girlfriend's parents' garage and that was OK per the PO. Even though the girlfriend visited her parents all the time and would be near those same firearms:confused:

Had it been only one or two firearms locked up in a safe in the other brother's room, the PO would have been OK about it. [4]but somehow 50+ firearms was not OK.

1) Is so true. While I haven't delt with a PO before. Just like 'Officer Descristion', to each their own I guess.

2) Can they even demand to see your property even though the offender would not have controllable access?

3) It really doesn't make a difference if its one or two firearms. A firearm is a firearm. The real principal is if they have access/control of said firearms. Just seems like something you see in Idiocracy ;).

4) I'd bet she shat a brick when she saw that :p.

-----

Also, If you get into contact of her PO. As for the terms of the probation. Also remember to get names. That is key!

ke6guj
05-29-2011, 9:35 PM
2) Can they even demand to see your property even though the offender would not have controllable access?
the way I understand is that "if you want the PO to allow you permsission to live there during the time you are on parole, then you have to allow the PO to search what they want. Now, if one of your roommates doesn't want to allow the PO to search, fine, the PO won't search, but she won't allow you to live there while on parole. You'll have to find somewhere else to live where the PO can do the search, or else stay in prison until your sentence is up. Parole is not a requirement, they don't have to give it to you.

4) I'd bet she shat a brick when she saw that :p.


I was told that she basically looked like this when they opened up the safes.

HX_5zIXxKEU

mrvash
05-29-2011, 9:35 PM
Good point! Firearms here or not, if they search the house I sure as hell wouldn't be comfortable with them searching my bedroom..

1) Is so true. While I haven't delt with a PO before. Just like 'Officer Descristion', to each their own I guess.

2) Can they even demand to see your property even though the offender would not have controllable access?

3) It really doesn't make a difference if its one or two firearms. A firearm is a firearm. The real principal is if they have access/control of said firearms. Just seems like something you see in Idiocracy ;).

4) I'd bet she shat a brick when she saw that :p.

-----

Also, If you get into contact of her PO. As for the terms of the probation. Also remember to get names. That is key!

compulsivegunbuyer
05-29-2011, 9:44 PM
The problem is, my pops doesn't mind when I come over and visit from time-to-time, but he is a working class man and enjoys his time fishing, going out, working at his job and it becomes a burden when, for example, he drops whatever he is doing for me to arrive to grab my guns to go shooting, clean and bring them them back. He doesn't complain or anything, but I feel terrible when he is late or cancels a fishing a trip just to wait for me to go get the guns at his house, shoot, clean and bring them back for storage.


Some reason you pops does not trust you to go in and get them when he is not home?

mrvash
05-29-2011, 9:46 PM
Some reason you pops does not trust you to go in and get them when he is not home?

It's a matter of respect, he lives with his girlfriend (not my mother) and her two sons.

ironcross
05-29-2011, 9:58 PM
the way I understand is that "if you want the PO to allow you permsission to live there during the time you are on parole, then you have to allow the PO to search what they want. Now, if one of your roommates doesn't want to allow the PO to search, fine, the PO won't search, but she won't allow you to live there while on parole. You'll have to find somewhere else to live where the PO can do the search, or else stay in prison until your sentence is up. Parole is not a requirement, they don't have to give it to you.



I was told that she basically looked like this when they opened up the safes.

HX_5zIXxKEU

LOL :rofl:

---------

Good point! Firearms here or not, if they search the house I sure as hell wouldn't be comfortable with them searching my bedroom..

Neither would I. As a roommate that is your own area. Just how she would have to go through courts to evict you. As I have read things. If you keep it locked 24/7 it would be considered [your] private property?

Worst comes to worst ask to speak with the PO supervisor/SGT and so on.

Best is to get things in writing.

RTE
05-30-2011, 10:18 AM
I take it your going to make that gun cabinet a good gun safe......and not one of those wooden display cases.

With her being on Parole....I would
being the renter check with her PO.
get a letter in Plain English from the PO/courts as to what they can actually search if there is a search order on file.

But being her house and on parole you both would be better served keeping your firearms somewhere else.

BigBamBoo
05-30-2011, 10:31 AM
...........

HowardW56
05-30-2011, 10:48 AM
Lol, nice! 50+ firearms

That is a good start.... :rolleyes:

ke6guj
05-30-2011, 10:48 AM
Know of a guy who had a old switchblade that his dad gave him from Vietnam in is junk drawer.
House was searched for other reasons. Officer found the switchblade...arrested and convicted of a felony.
what was the crime? ownership of a switchblade is not a crime. illegally concealing it on your person is a misdemeanor per 653k (and also a felony per 12020 (concealed dirk or dagger) per new case law), but mere ownership in the home is not illegal.

BigBamBoo
05-30-2011, 11:37 AM
............

ke6guj
05-30-2011, 11:44 AM
well, it wouldn't be the first time someone got arrested/convicted for something that wasn't even illegal.

Many people in CA have legal switchblade collections. Sucks for him that he probably got a felony conviction for something that wasn't even a crime.

wnewton
05-31-2011, 2:25 AM
people with felony convictions who did not go to prison should look into having that reduced and expunged. restoring gun rights.

http://www.recordgone.com/

HowardW56
05-31-2011, 7:45 AM
people with felony convictions who did not go to prison should look into having that reduced and expunged. restoring gun rights.

http://www.recordgone.com/

One post and you are here pushing a multi-state website based law practice...

Nice, sure seems like a spammer to me...

I just checked the law firms website, if they can't clear your record, they can handle your loan modification or bankruptcy...

Mr. Beretta
05-31-2011, 7:51 AM
It might not hurt to call her probation officer directly and ask this question. It could save you and her from any misunderstandings later.

THIS !

wnewton
05-31-2011, 12:24 PM
no, not a spammer. but thanks.

I can't vouch for their loan modification services, in fact I think loan modifications are bull crap, you knew what you were getting into when you took out a loan, man up and pay it.

however, as far as cleaning up criminal record for youthful indiscretion, they do a fine job for an affordable rate.


One post and you are here pushing a multi-state website based law practice...

Nice, sure seems like a spammer to me...

I just checked the law firms website, if they can't clear your record, they can handle your loan modification or bankruptcy...

stix213
05-31-2011, 1:13 PM
Lol trust me, definitely friend only basis.

If she is only a friend, I'd recommend just moving to a place where there isn't a felon in the house. I'm not sure why you'd want the drama of a PO looking around even if you didn't have guns.

Quser.619
05-31-2011, 1:27 PM
I don't care what the PO says, if she's assigned a different one or that PO is there for a search, you could be in serious trouble. If they have a right to search the house I wouldn't keep anything there that could be used against her or you. Sucks for the imposition on your dad, but its way better than having to get an attorney & fight to get your guns back, while you friend's back in jail.

vmwerks
05-31-2011, 2:31 PM
I have an opportunity to purchase a gun/rifle cabinet which will come with key locks equipped. My main concern is; I live with a roommate and she is a felon on probation, I keep all my firearms at my father's residence, if I get this rifle cabinet with locks and my rifles, pistols and ammo stored within and kept it in my bedroom room (which I have installed a lock on the door) can she still get into trouble with the law within the state of CA.

FYI,
The residence is under her name, she is a very good friend of mine and I can't live on my own at the moment, so moving out is out of the question. Also, She will not receive any keys to my room and/or gun cabinet.

Absolutely NOT - rooming with her violates one the the 4 S's. Don't compound the error by introducing guns into the fray. While it may not be her it might be a friend or associate who's does the nasty deed. I am ASSUMING a lot about your friend but seriously, she's a felon.

Decoligny
05-31-2011, 2:55 PM
I have an opportunity to purchase a gun/rifle cabinet which will come with key locks equipped. My main concern is; I live with a roommate and she is a felon on probation, I keep all my firearms at my father's residence, if I get this rifle cabinet with locks and my rifles, pistols and ammo stored within and kept it in my bedroom room (which I have installed a lock on the door) can she still get into trouble with the law within the state of CA.

FYI,
The residence is under her name, she is a very good friend of mine and I can't live on my own at the moment, so moving out is out of the question. Also, She will not receive any keys to my room and/or gun cabinet.

The only person at risk here is your roommate. The questions that need to be answered, need to be answered by her Probation Officer. If as part of her probation, she cannot be in a house where there are weapons, then your bringing them into the house could land her in prison.