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View Full Version : A question about firearm inaccessability for convected felons.


Capt Beard
10-09-2011, 8:45 PM
First, I know about the no legal counsel clause, but I figured as a basic information guide, you folks could answer a question. My father is currently serving time in a federal penitentiary here in California on a nonviolent felony, the details beyond that aren't important. I've moved out of my apartment and have been taking care of his home for about a year, and his slated release isn't until 2013, with a 10 year probationary period. I have a cash of firearms on site, in a locked safe, and no one knows the combination but me. I ask because he has requested I remain here with him to help care for things due to his somewhat advanced age.

Outside of the probate telling me no, which is a different topic to be discussed as his release approaches and not part of my question, in your experience, would his NOT having access to my safe at any time violate the terms of his felony conviction? Would I either have to decline his request or store my guns elsewhere? Thank you.

Cokebottle
10-09-2011, 9:00 PM
Outside of probate telling you no, you and he would be legally "clean" so long as he NEVER has access. The safe is locked at all times he is at home and only you know the combination.

I'm not even sure that probate can tell you "no" because that would deprive you of your 2A rights without due process.

Capt Beard
10-09-2011, 9:04 PM
This is promising news. I actually sold off what was a shared safe when I was younger because he did know the combo to that one. But yeah, I moved back here to care for the property, sold the old one, and got a completely new safe so he wouldn't have any access. Basically, I'd treat him like a young child. No guns out when he's home, cleaning to be done at the (private) range or when he's not present. I just have a fair collection and the only folks willing to take the safe for storage live about 30 miles away... not wanting to have "visitation on weekends."

hoffmang
10-09-2011, 9:05 PM
As long as he seriously can not possess the firearms because only you and not him have the safe combo, it's just a safe from your Dad's legal point of view.

-Gene

paul0660
10-09-2011, 9:11 PM
"visitation on weekends."

Remember the PO is going to have visitation 24/7 where your dad lives. I think cokebottle is right, but it would be good to get nonspecific and anonymous info on the local PO policies now. For instance, does dad actually have to be off the property when you open the safe for cleaning, transporting, caressing, etc.

Capt Beard
10-09-2011, 9:14 PM
Oh, no, we've talked about it on visits. He said he'd make it a point to leave the house or at least for for a walk if I even needed to take one out to look at it. Not that a locked door wouldn't be sufficient, but he's committed to making it easy for us both. I'll of course still consider a legal channel is case they play games with me, but I'll keep your answers in mind. Thanks again.

Capt Beard
10-09-2011, 9:15 PM
Remember the PO is going to have visitation 24/7 where your dad lives. I think cokebottle is right, but it would be good to get nonspecific and anonymous info on the local PO policies now. For instance, does dad actually have to be off the property when you open the safe for cleaning, transporting, caressing, etc.

I intend to ask it all. If he does, I'd ask him to step outside onto the porch or into the yard as I locked the door, and I have a cousin who'd let me clean at his place, as he owns the range we use. We do it on set days so he can set a schedule around my range times.

paul0660
10-09-2011, 9:19 PM
Ok. You are a good kid, and good luck to dad.

Capt Beard
10-09-2011, 9:23 PM
Ok. You are a good kid, and good luck to dad.

Yeah, he's honestly a good man who made a horrible mistake he owns up to, and most of the family stand behind him. He and I have had our differences, but he's always been there for me, so I intend the same.

SVT-40
10-09-2011, 9:38 PM
Don't forget to lock up any and all ammunition in a safe too. Felons are not allowed access to ammo in addition to firearms.

Capt Beard
10-09-2011, 9:43 PM
Don't forget to lock up any and all ammunition in a safe too. Felons are not allowed access to ammo in addition to firearms.

If Moonbeam doesn't get his **** together, I'm going to be at 3,000 in every common pistol and rifle caliber. I'll need to go get ANOTHER safe.

kmrtnsn
10-09-2011, 10:04 PM
The defendant shall comply with the standard conditions that have been adopted by this court (set forth below).

STANDARD CONDITIONS OF PROBATION AND SUPERVISED RELEASE

While the defendant is on probation or supervised release pursuant to this judgment:

10. the defendant shall not associate with any persons engaged in criminal activity, and shall not associate with any person convicted of a felony unless granted permission to do so by the probation officer;

The defendant shall not commit another Federal, state or local crime; the defendant shall not leave the judicial district without the written permission of the court or probation officer; the defendant shall report to the probation officer as directed by the court or probation officer and shall submit a truthful and complete written report within the first five days of each month; the defendant shall answer truthfully all inquiries by the probation officer and follow the instructions of the probation officer; the defendant shall support his or her dependents and meet other family responsibilities; the defendant shall work regularly at a lawful occupation unless excused by the probation officer for schooling, training, or other acceptable reasons; the defendant shall notify the probation officer at least 10 days prior to any change in residence or employment; the defendant shall refrain from excessive use of alcohol and shall not purchase, possess, use, distribute, or administer any narcotic or other controlled substance, or any paraphernalia related to such substances, except as prescribed by a physician; the defendant shall not frequent places where controlled substances are illegally sold, used, distributed or administered;

11. the defendant shall permit a probation officer to visit him or her at any time at home or elsewhere and shall permit confiscation of any contraband observed in plain view by the probation officer;

12. the defendant shall notify the probation officer within 72 hours of being arrested or questioned by a law enforcement officer;

13. the defendant shall not enter into any agreement to act as an informer or a special agent of a law enforcement agency without the permission of the court;

14. as directed by the probation officer, the defendant shall notify third parties of risks that may be occasioned by the defendant's criminal record or personal history or characteristics, and shall permit the probation officer to make such notifications and to conform the defendant's compliance with such notification requirement;

15. the defendant shall, upon release from any period of custody, report to the probation officer within 72 hours;

16. and, for felony cases only: not possess a firearm, destructive device, or any other dangerous weapon.