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California 2nd Amend. Political Discussion & Activism Discuss gun rights activism and 2A related political topics here. All advice given is NOT legal counsel.

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  #1  
Old 06-18-2012, 2:45 PM
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Default Question on ex-felong being in house with firearms

My question is can a former non-violent felon (10 years since probation ended) stay in the house temporarily of his gun owning brother who has firearms secured in gun safes?
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Old 06-18-2012, 2:49 PM
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I believe the term "constructive possession" is the issue.
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Old 06-18-2012, 2:50 PM
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Not on probation/parole, should be OK if he NEVER touches one or has the combination to the safes.

See also the wiki -- http://wiki.calgunsfoundation.org/Fe...and_ammunition
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Old 06-18-2012, 2:51 PM
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Unless the Govener or President has pardoned him, he's STILL A FELON and always will be. It's really up to him if he wants to take the risk or not. If he has zero access to firearms or any (and I do mean ANY) ammo, he should be OK. But, if a spare round is not secured, he would be in violation of the law and could do several years. Is it really worth it?
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Old 06-18-2012, 2:52 PM
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Quote:
Originally Posted by therealnickb View Post
I believe the term "constructive possession" is the issue.
??????? huh ??????
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Old 06-18-2012, 3:00 PM
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Quote:
Originally Posted by CSACANNONEER View Post
??????? huh ??????
Clearly he's not intending his brother to handle a firearm.

So as was mentioned above, having the combo to the safe is a no no. Wether he ever opened it or not doesn't matter. Constructive possession means control over or the ability to gain access to the firearms. This is the test that must be passed to remain legal.
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Old 06-18-2012, 3:19 PM
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Keep all guns/ammo in your safe or under your immediate control at all times the felon is around.

I'd keep it temporary for your sake, since even loading your car to head to the range can be a hassle. Can't even stack your stuff up by the door when getting ready to leave.
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Old 06-18-2012, 3:24 PM
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Thank you guys, this helps.
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Old 06-18-2012, 3:44 PM
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Quote:
Originally Posted by javalos View Post
My question is can a former non-violent felon (10 years since probation ended) stay in the house temporarily of his gun owning brother who has firearms secured in gun safes?

What is an Ex-felon or former non-violent felon... Aren't they still convicted felons?
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Old 06-18-2012, 4:10 PM
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Quote:
Originally Posted by HowardW56 View Post
What is an Ex-felon or former non-violent felon... Aren't they still convicted felons?
Yes. 'Ex-felon' is an artifice.
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Old 06-18-2012, 4:14 PM
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If the crime was a wobbler it may be reduceable to a misdemeanor, ask a lawyer.
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