Unconfigured Ad Widget

Collapse

Step dad on parole in same house with a legal gun owner?

Collapse
X
 
  • Time
  • Show
Clear All
new posts
  • xodus31
    Junior Member
    • Feb 2013
    • 29

    Step dad on parole in same house with a legal gun owner?

    I would like to ask a question. I cant seem to find a clear answer. I would like to hear from the LEO. First of all I have a very high amount of respect for the LEO on this forum and your opinion would be highly valuable to me.

    My step dad just got out and is on parole. I just purchased a rifle and I am still waiting for the 10 day waiting period to pick it up. I haven't mentioned it to anyone in the house that I purchased the rifle yet. Can I legally bring my rifle home without telling them, and keep it in my room as long as its in its case with the cable style gun lock through the action? Also if the parole officers show up at any time would they even know I had the rifle? Luckly I will only be at the home for a few more weeks because I am moving to Arkansas. Could I keep the rifle in my trunk unloaded with the cable lock on it? What about ammo? I have a ammo box in my room with ammo in it that came with the rifle I bought. What would be the law with the ammo being in my room or in my car with the rifle. Sorry for all the questions I just want to make sure I do the right thing.

    Again thanks for all you guys do!
  • #2
    pdq_wizzard
    Veteran Member
    • May 2008
    • 3813

    Tagged to see what LEO has to say.

    but from what I understand, he can't have access. if you can I would put a lock on your room. or buy one of the Stack-on gun cabinet.
    Q: What was the most positive result of the "Cash for Clunkers" program?
    A: It took 95% of the Obama bumper stickers off the road.

    Originally posted by M. Sage
    More what? More crazy?
    You live in California. There's always more crazy. It's a renewable resource.

    Comment

    • #3
      Socaliente
      Member
      • Nov 2012
      • 183

      He can not be in the house. This one is not even debatable. Even if a person on parole is living with a LEO (as strange as that would be) he can not be in the house if it has any firearms.
      "I swear I will support and defend the Constitution of the United States against all enemies, foreign and domestic."

      US Army Combat Engineer 03'-08' 1st Cav

      Comment

      • #4
        solanoshooter
        Member
        • Oct 2008
        • 252

        There is no legal problem for you by bringing home the rifle. There would definitely be issues for the parolee if the weapon is kept in a common area where the parolee has access to it. Though I can't remember off the top of my head what the specific parole term is. It could be that they can't reside in a residence with firearms present. But again, that's the parolee's problem. Not yours.

        Edit: Here you go. http://www.cdcr.ca.gov/parole/parole...ons/index.html

        Comment

        • #5
          oddjob
          Senior Member
          • Jan 2003
          • 2397

          If it was locked up in a safe and he couldn't have access to it it seems to be OK with the parole agents I've worked with. Just the cable through it may still be considered "accessible" to the parolee. Best to talk to his parole agent though. Todays political climate has changed. Been my LEO experience that storage in a trunk is a VERY BAD idea. Cars/trunks get broken into a lot more than residences!

          Here is my suggestion though. If its only a few more more weeks I would leave it with a friend with a safe or maybe leave it at the FFL (before the 30 days of course) until your ready to hit the road. Its easier to avoid the problems this way. A whole lot easier.

          Comment

          • #6
            solanoshooter
            Member
            • Oct 2008
            • 252

            Originally posted by Socaliente
            He can not be in the house. This one is not even debatable. Even if a person on parole is living with a LEO (as strange as that would be) he can not be in the house if it has any firearms.
            It sounds to me that the OP is concerned that there are legal ramifications for himself. There aren't. It's on the parolee.

            Comment

            • #7
              BigKevLA
              Member
              • Apr 2008
              • 297

              He can't have access to any firearms or ammo. If you have a locked room with the only key and the room is locked 24/7 then he should be fine. You should still have him disclose that there is a firearm and ammo in the residence and where it is located. Each agent deals with their caseload in a different manner so, have the conversation.
              NRA Instructor-Pistol

              Comment

              • #8
                Armed24-7
                Member
                • Sep 2012
                • 268

                It should be clearly spelled out in his parole conditions. If in doubt, he should ask his parole officer. Firearms conditions can vary case by case. People telling you it is "OK" should NOT be saying that.

                You would not be in trouble, but the parolee possibly could be. Also, if they were to violate his parole due to that rifle being in the house, you might risk that firearm being taken into evidence (possibly).

                Don't play with fire.
                Last edited by Armed24-7; 02-26-2013, 8:55 AM.

                "If you expect logic associated with California law, it will only make your head hurt.." - Ron-Solo, 2013

                Comment

                • #9
                  Socaliente
                  Member
                  • Nov 2012
                  • 183

                  The owner of the firearm should be ok in this instance, but the parolee has everything to lose. Most terms are very broad but very strict. Can not be in the same house or vehicle with firearms. Doesnt matter if they are locked, buried in the back yard, arent his, etc.. If the PO wants to violate hes going to, and no one is going to challenge it.

                  I believe most terms include ammo.
                  "I swear I will support and defend the Constitution of the United States against all enemies, foreign and domestic."

                  US Army Combat Engineer 03'-08' 1st Cav

                  Comment

                  • #10
                    NuGunner
                    Senior Member
                    • Aug 2008
                    • 705

                    He would be in violation not you. (Short answer)

                    Comment

                    • #11
                      Seaweed02
                      Senior Member
                      • Jun 2012
                      • 1650

                      I am a Parole Agent

                      I am a Parole Agent. Here is the Deal. Armed24-7 is absolutely correct when he says that they can vary case by case. And the others are correct when they say it won't have any harm for you, but could return the parolee to prison.

                      A Parolee, no matter what he was incarcerated for, has conditions of parole. Some of those conditions are standard for EVERY parolee, and come pre-printed on a standard State Form. No access to, or possession of firearms/weapons/ammunition is one of the standard conditions for all parolee's. Then there are "Special" conditions of parole for case by case situations that usually fit that parolee's controlling case and past criminal history. Such as drug testing for drug offenses, no contact with gang members for gang related offenses, no alcohol consumption, etc....
                      But guns and ammo are a no no for all.

                      Now in your house there are common areas where all members of the house hold have access to. Such as the kitchen, bathroom, living room, dining room, and garage. Those areas are subject to search by the Parole Agents supervising his parole, along with the bedroom where the parolee sleeps and keeps his personal property. Parole Agents generally will not search in rooms where the parolee does not have access, such as locked bedrooms. That is the policy of the Department of Corrections.

                      However any LEO can conduct a parole compliance search without a search warrant, and Police Officers and Sheriff's Deputies will generally search the entire house hold because their departments have different policies.

                      If I conducted a home visit on a parolee who just got out of prison, and was informed by the people who live there that they had guns in their room, I would inform the parolee that he could not live there. If I were to be informed that the guns were in a gun safe and that the parolee did not have the combination to the safe, then I would have to notify my supervisor and get approval for the parolee to live at the residence. And every Parole Agent, and every Supervisor is different, so it will be case by case.

                      If you leave it locked up in the trunk of your car, and the parolee does not ever ride in your car, no one should ever find it there. But why take a chance? Since you are getting ready to move to Arkansas anyway, you should probably leave the rifle and the ammo at a friends house until you move. Just my advice and opinion.

                      Comment

                      • #12
                        Ron-Solo
                        In Memoriam
                        • Jan 2009
                        • 8581

                        Originally posted by Armed24-7
                        It should be clearly spelled out in his parole conditions. If in doubt, he should ask his parole officer. Firearms conditions can vary case by case. People telling you it is "OK" should NOT be saying that.

                        You would not be in trouble, but the parolee possibly could be. Also, if they were to violate his parole due to that rifle being in the house, you might risk that firearm being taken into evidence (possibly).

                        Don't play with fire.
                        Originally posted by Seaweed02
                        I am a Parole Agent. Here is the Deal. Armed24-7 is absolutely correct when he says that they can vary case by case. And the others are correct when they say it won't have any harm for you, but could return the parolee to prison.

                        A Parolee, no matter what he was incarcerated for, has conditions of parole. Some of those conditions are standard for EVERY parolee, and come pre-printed on a standard State Form. No access to, or possession of firearms/weapons/ammunition is one of the standard conditions for all parolee's. Then there are "Special" conditions of parole for case by case situations that usually fit that parolee's controlling case and past criminal history. Such as drug testing for drug offenses, no contact with gang members for gang related offenses, no alcohol consumption, etc....
                        But guns and ammo are a no no for all.

                        Now in your house there are common areas where all members of the house hold have access to. Such as the kitchen, bathroom, living room, dining room, and garage. Those areas are subject to search by the Parole Agents supervising his parole, along with the bedroom where the parolee sleeps and keeps his personal property. Parole Agents generally will not search in rooms where the parolee does not have access, such as locked bedrooms. That is the policy of the Department of Corrections.

                        However any LEO can conduct a parole compliance search without a search warrant, and Police Officers and Sheriff's Deputies will generally search the entire house hold because their departments have different policies.

                        If I conducted a home visit on a parolee who just got out of prison, and was informed by the people who live there that they had guns in their room, I would inform the parolee that he could not live there. If I were to be informed that the guns were in a gun safe and that the parolee did not have the combination to the safe, then I would have to notify my supervisor and get approval for the parolee to live at the residence. And every Parole Agent, and every Supervisor is different, so it will be case by case.

                        If you leave it locked up in the trunk of your car, and the parolee does not ever ride in your car, no one should ever find it there. But why take a chance? Since you are getting ready to move to Arkansas anyway, you should probably leave the rifle and the ammo at a friends house until you move. Just my advice and opinion.

                        Any advice other than this is worth exactly what you pain for it, absolutely nothing.

                        All of you that chimed in that are no LE, please refrain from posting inaccurate info. The OP could also be in jeopardy for furnishing a firearm to a prohibited person under certain circumstances.

                        Bad advice, even with good intentions, can have serious consequences.
                        LASD Retired
                        1978-2011

                        NRA Life Member
                        CRPA Life Member
                        NRA Rifle Instructor
                        NRA Shotgun Instructor
                        NRA Range Safety Officer
                        DOJ Certified Instructor

                        Comment

                        • #13
                          xodus31
                          Junior Member
                          • Feb 2013
                          • 29

                          Thanks for all the great info from the LEO and especially Seaweed02.

                          He got in trouble originally for a felony DUI in the desert and then violated probation and was smoking/growing pot against the Judges orders. He had a "medical marijuana" card and the Judge even said no MMJ! He didnt care and it landed him in prison for 30 days. My mom had to put a lock on her liquor cabinet and has to keep it locked at all times.

                          They had their first visit before I even purchased the rifle. So he is ok to live here but there was no rifle registered here yet.

                          I will keep it at my good friend's house in his gun safe for now.

                          One last question. Once DROS is finished will it alert the PD/PO that there is now a rifle here even if I don't keep it here and are they going to hassle me about it? Can I also contact his PO in confidentiality and explain my concerns to him with out it being a hassle?

                          Thanks again. YOU GUYS ROCK!

                          Comment

                          • #14
                            xodus31
                            Junior Member
                            • Feb 2013
                            • 29

                            Oh and if you were wondering why I didn't wait to purchase one in Arkansas and save all the hassle. I have been looking for MONTHS for a Yugo here in CA and AR. All the prices were just too high! Ever since I owned my first Yugo back in 2005 (rifle in my signature). I ended up selling it to a friend a couple years later, and then it got destroyed when his house burned down in a wild fire. I always wanted another one for hog hunting when I got to AR. When I lived in Hawaii I hunted hogs all the time. I found the Yugo here last week and just had to jump on it! THE PRICE WAS RIGHT! I also didn't know my step dad was coming home so soon. So that's why I found myself in this situation.
                            Last edited by xodus31; 02-26-2013, 1:53 PM. Reason: spelling

                            Comment

                            • #15
                              Ron-Solo
                              In Memoriam
                              • Jan 2009
                              • 8581

                              Sounds like you have your head on right. Best of luck to you.
                              LASD Retired
                              1978-2011

                              NRA Life Member
                              CRPA Life Member
                              NRA Rifle Instructor
                              NRA Shotgun Instructor
                              NRA Range Safety Officer
                              DOJ Certified Instructor

                              Comment

                              Working...
                              UA-8071174-1