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-   -   Can I keep my guns (http://www.calguns.net/calgunforum/showthread.php?t=657368)

lksrcr 12-16-2012 10:36 AM

Can I keep my guns
 
My son got convicted of a felony, and is coming to stay at my home. All my guns are locked in a gun safe in the garage, and he doesn't have the combination. Will there be a problem if the Sherrifs do a search and find them.

Zedrek 12-16-2012 10:40 AM

Is he on parole?

lksrcr 12-16-2012 10:41 AM

house arrest

Zedrek 12-16-2012 10:45 AM

I would contact his probation officer and see what they have to say.

P5Ret 12-16-2012 10:47 AM

Unless something has changed the law says possess, not be in the same house or location, so there should not be a problem since he has no access to them. Although I would check with someone local (county probation who is probably managing the case) and have a name of that person just to be sure. It never hurts to ask, it can be costly to just accept answers over the internet.

Notorious 12-17-2012 5:10 AM

Ask his parole agent specifically and get it in writing. Last thing you want to do is get his parole revoked for your guns which have nothing to do with him.

Eric B 12-19-2012 2:28 PM

^
^
This. Get it in writing on letterhead. I've had to take guns because a guy had his guns on a rack, hanging on the wall in the spare bedroom, next to the ammo, where his parolee gangster son was sleeping.

Protect yourself.

bc360 12-28-2012 12:23 PM

Keep your guns locked in the safe at all times, don't let your son know the combo, don't tell his friends you have guns, and hope they don't take your safe when your not home and say your house was burglarized. His p.o. may not let him stay with you because you have guns, to many things due go wrong. It's tough being a parent, especially when one off spring goes astray. Be prepared to lose your guns one day due to the circumstances your in. Good luck.

Seaweed02 12-29-2012 12:18 PM

Contact his Probation Officer
 
I am a Parole Agent, and I can tell you a couple of things. As a Parole Agent I would appraise the situation of where the guns are stored, and whether or not IMO the parolee would have access to them. If I thought so, I could tell the parolee that he couldn't live there with you, or even visit you at that location, but I could never tell you to get rid of your guns. That is not within my authority.

If I thought it would be a non issue, and that the parolee would never have access to the weapons, then I would take the situation to my supervisor and get his approval to allow the parolee to live with you.

Parole/Probation Compliance checks are important also. If the parolee is suspected of something illegal, or for random checks, we may conduct a Parole Compliance search. As Parole Agents we would not search the entire house if the parolee does not have access to the entire house. Let's say you keep your bedroom locked, we would not search your room. Just common areas such as the kitchen, living room, den, bathroom, garage, or any room that anyone can walk into and have access to the contents. Rooms/areas that are locked and not available to the parolee would be exempt from the searches.

However ANY LEO can conduct Parole/Probation Compliance checks, not just Parole Agents or Probation Officers. When the Police or Sheriff Department Personnel conduct these checks they go by different policies according to their prospective department directives. Most will search and demand entry into the entire house whether or not the parolee has access or not. Just thought I would let you know that.

oddjob 12-29-2012 7:05 PM

If you check with his probation/parole staff make sure you ask about the ammunition and other "gun related" components.

I understand the support you have for your son, but realize what your subjecting yourself, residence, family to when you allow someone of that "legal" status to live in your house. I've conducted many parole/probation searches only to have the parents/residents get upset with LEO staff.

CinnamonBear723 12-31-2012 2:05 PM

I would say that if you got the parole agent to sign off on it, then when your local agency comes thru your house they should take that into consideration. It has always been my understanding that it is an issue of possession and access that they are concerned about. So, if the safe were in your private room, and your son had absolutely no way to access them, then it should be a reasonable situation to be able to keep your guns. Like it was said before, try to get something in writing to show the officers when(not it, when) they are doing a search of your house.

Che762x39 01-02-2013 12:19 PM

Quote:

Originally Posted by lksrcr (Post 9933803)
My son got convicted of a felony,

A friend's son was convicted of a felony and the root problem to it was drug addiction. The best thing for the Dad was go to "Al-Anon" and attend the meetings to best understand his son and his addiction.

Good luck, stay strong.

omgwtfbbq 01-02-2013 1:03 PM

I am a Probation Officer. My best peice of information I can lend, as others have already, is to contact your son's PO and ask him or her directly. Other information I can lend on the subject should not be taken as legal advice, but simply as my personal and professional experience.

I generally encourage the family or cohabitants of offenders to store their weapons at a different location. Especially if the offender has firearms/dangerous or deadly weapon conditions on their supervision order.

As Seaweed02 has said, parole/probation checks are usually confined areas of the home the offender has access to, however it should also be noted that some departments allow a plain-view search of the other rooms as a matter of officer safety. This is not to say that items found in these areas can or will cause a violation in the case, however it is information worth having.

Keeping them in a locked safe away from his room or common use areas of the home with a combination he does not know can work. However this is sometimes problematic because proving that an individual does or does not know a combination in next to impossible.

spy-d 01-24-2013 1:10 PM

Here is a better idea. Store your weapons OFF SITE. Away from your son, and don't tell him where they are. At the same time, Photograph all your guns and record each and every Serial Number.

Ckeck with your local shooting range. They may know an Off Site that you can store your guns.

This is what my Uncle told me a few years ago.


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