Hypothetical: felon in same house

[Ubermcoupe]

Better make sure they are in a big, strong, sturdy, bolted down safe.

Where there is one felon, there are likely more...

The roommate (LEO or otherwise) may trust the other roommate, but all it takes is “hey my roommate has alot of guns...” to the wrong person and the guns take a walk.

[Arisaka]

@Ron Solo: I'm pretty sure that the room mate in this hypothetical situation was an LEO only so that the answers to the question wouldn't be "He loses his guns". It actually makes you think, instead of dismissing the question. I don't think that the point of the question was to highlight some "preferential treatment". As if cops are cooler than citizens anyway.... :-)

[hvengel]

Isn't someone prohibited if they are charged with a crime that prohibit them if they are convicted? IE. if you are awaiting trial for something that COULD get you a year or more I think you are prohibited until the charges are dropped or you are found not guilty.

[bigb0886]

@arondos what happens if the child over 18 gets in trouble? Does the situation change?

And would anyone more knowledgeable car to take a stab at answering hvengel's question? Even if just charged would that person have to get rid of his/her weapons? I'm under the impression they do. Such as if someone gets hit, even with a temporary restraining order (like one a police officer issues on sight), don't they immediately need to get rid of the their weapons until they can clear themselves of whatever accusations led the RO or is that not true? If it is, wouldn't something like that apply to the person being charged?

[tyrist]

I think the OPs point is that LE, being a high class citizen, may get preferential treatment.

i.e.

if i lived with a felon, i should turn in my guns. but if i were LEO and lived with a felon, i should keep my guns to keep people safe.

If you are LEO and living with a "convicted" felon you will be fired. The only time it changes is in regard to minor children since you cannot get rid of them legally. You will get extreme scrutiny and will probably be required to store ALL firearms at your station armory.

[tuolumnejim]

I think the OPs point is that LE, being a high class citizen, may get preferential treatment.

i.e.

if i lived with a felon, i should turn in my guns. but if i were LEO and lived with a felon, i should keep my guns to keep people safe.

Who ever said "LE, being a high class citizen", I can assure you cops put their pants on just like us and are not in a special category.

[bigb0886]

@tyrist could you point me toward which law/rule you're referring to? Is it something that varies by department or there something like penal code that blankets the entire LE community?

[tyrist]

@tyrist could you point me toward which law/rule you're referring to? Is it something that varies by department or there something like penal code that blankets the entire LE community?

It is not a state law. It's an administrative rule and can be different from department to department. It is however, consistent from my personal knowledge.

I cannot speak for all departments but mine has the same outcome if you associate with gang members. You can also expect to get followed on and off duty by IA as well.

[ke6guj]

If you are LEO and living with a "convicted" felon you will be fired. The only time it changes is in regard to minor children since you cannot get rid of them legally. You will get extreme scrutiny and will probably be required to store ALL firearms at your station armory.

what about if it is your spouse that is the felon?

[tyrist]

what about if it is your spouse that is the felon?

I am not aware of anyone where this has been the case since if your spouse is a felon you wouldn't have been hired in the first place. If your spouse became a felon after the fact you would probably not be allowed to store your duty firearms in the house.

[bcj128]

It is not a state law. It's an administrative rule and can be different from department to department. It is however, consistent from my personal knowledge.

I cannot speak for all departments but mine has the same outcome if you associate with gang members. You can also expect to get followed on and off duty by IA as well.

My department as well. We are prohibited from associating with a known felon, the only exception if family where you will inevitably bump into them from time to time at family functions. Where it gets interesting is if the person is a felon and you DON'T know it...

[Cokebottle]

Yeah, I don't think so. Said LEO would be required by policy of most departments to immediately notify his/her department of the situation. Mst department policies prohibit association with felons. Some departments, it will get you terminated.

And, in my opinion, any LEO worth his salt who associates with a felon, isn't with his salt.


And, in the OP's post, there is only an arrest for a felony, NOT a conviction. Huge difference there.

LEO would not get any special treatment, only extra scrutiny here. Sadly, your vain attempt to show special treatment to LE backfires here.

Ya... if anything, the issue would be more harsh for the LEO than for a regular private citizen.

The LEO would likely be forced to "rearrange" the living arrangements... either the LEO moves out, or the felon moves out.

For Joe Citizen, case law supports the RKBA so long as the felon has no access to the firearms. Guns locked in a safe, prohibited person does not have the combination.

But personally, I would not live under those conditions unless temporary (such as a TRO). My guns being locked in the safe when I am home are no better than my guns being locked in the closet at my mom's house in Texas. A personal defense weapon is worthless if not immediately available.
When someone is home, the guns are available (to anyone here). When nobody is home, they are locked away.

[freonr22]

Ron, what happens if spouses gets a felony DUI? Do they have to move still?

[tyrist]

Ron, what happens if spouses gets a felony DUI? Do they have to move still?

In my opinion and mine only (I don't know of this ever happening); what would happen is the dept would require you to store all duty weapons at work. I cannot see any LEA requiring it's employee to get divorced.

[Meplat]

If you are LEO and living with a "convicted" felon you will be fired. The only time it changes is in regard to minor children since you cannot get rid of them legally. You will get extreme scrutiny and will probably be required to store ALL firearms at your station armory.

I thought all CA LEO's were required to be armed at all times. I know it is often honored in the breach, but I think that is policy.