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Thread: Convicted Felon Around Gun Owner?

  1. #1
    Regular Member The Trickster's Avatar
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    Convicted Felon Around Gun Owner?

    A family member on my wife's side will soon be relocating to Arizona and he is a convicted felon who will be on parole for a number of years yet to come. Due to his relation to my wife, contact between him and I will be unavoidable. This presents a unique situation for me as up until this point, I have never had a friend or a family member who (to my knowledge) was/is a convicted felon. I have a plenitude of weapons in my home and I carry 99% of the time whilst out and about in public. Therein lies my question:

    Legally speaking, what onus, if any, lies upon me concerning my weapons whilst he is in my home or around me in public while I am carrying?

    Obviously, I will never allow him access to any of my weapons; however, I am not sure if ARS expects me to do anything extra when he enters my home or while I carry in public. I usually CC but I do OC from time to time as well.

    Note: He will not be residing with us.

    Thank you in advance for any insight you can provide.
    Last edited by The Trickster; 03-24-2014 at 06:37 PM.

  2. #2
    Regular Member Rusty Young Man's Avatar
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    Here's what I could find.

    Quote Originally Posted by Arizona Revised Statutes, Title 13, Chapter 31
    13-3102. Misconduct involving weapons; defenses; classification; definitions
    A. A person commits misconduct involving weapons by knowingly:
    1. Carrying a deadly weapon except a pocket knife concealed on his person or within his immediate control in or on a means of transportation:
    (a) In the furtherance of a serious offense as defined in section 13-706, a violent crime as defined in section 13-901.03 or any other felony offense; or
    (b) When contacted by a law enforcement officer and failing to accurately answer the officer if the officer asks whether the person is carrying a concealed deadly weapon; or
    2. Carrying a deadly weapon except a pocket knife concealed on his person or concealed within his immediate control in or on a means of transportation if the person is under twenty-one years of age; or
    3. Manufacturing, possessing, transporting, selling or transferring a prohibited weapon, except that if the violation involves dry ice, a person commits misconduct involving weapons by knowingly possessing the dry ice with the intent to cause injury to or death of another person or to cause damage to the property of another person; or
    4. Possessing a deadly weapon or prohibited weapon if such person is a prohibited possessor; or
    5. Selling or transferring a deadly weapon to a prohibited possessor; or
    6. Defacing a deadly weapon; or
    7. Possessing a defaced deadly weapon knowing the deadly weapon was defaced; or
    8. Using or possessing a deadly weapon during the commission of any felony offense included in chapter 34 of this title; or
    9. Discharging a firearm at an occupied structure in order to assist, promote or further the interests of a criminal street gang, a criminal syndicate or a racketeering enterprise; or
    10. Unless specifically authorized by law, entering any public establishment or attending any public event and carrying a deadly weapon on his person after a reasonable request by the operator of the establishment or the sponsor of the event or the sponsor's agent to remove his weapon and place it in the custody of the operator of the establishment or the sponsor of the event for temporary and secure storage of the weapon pursuant to section 13-3102.01; or
    11. Unless specifically authorized by law, entering an election polling place on the day of any election carrying a deadly weapon; or
    12. Possessing a deadly weapon on school grounds; or
    13. Unless specifically authorized by law, entering a nuclear or hydroelectric generating station carrying a deadly weapon on his person or within the immediate control of any person; or
    14. Supplying, selling or giving possession or control of a firearm to another person if the person knows or has reason to know that the other person would use the firearm in the commission of any felony; or
    15. Using, possessing or exercising control over a deadly weapon in furtherance of any act of terrorism as defined in section 13-2301 or possessing or exercising control over a deadly weapon knowing or having reason to know that it will be used to facilitate any act of terrorism as defined in section 13-2301.
    16. Trafficking in weapons or explosives for financial gain in order to assist, promote or further the interests of a criminal street gang, a criminal syndicate or a racketeering enterprise.
    I bolded what I think is applicable to YOU, and not your wife's family member. My guess is that as long as you don't hand him your firearms or leave your firearms around the house like the antis rant about, you should be good to go. Especially considering that "innocent until proven guilty" was reinstated in AZ.
    Hope this helps.
    Last edited by Rusty Young Man; 03-24-2014 at 07:20 PM. Reason: Format
    I carry to defend my loved ones; Desensitizing and educating are secondary & tertiary reasons. Anything else is unintended.

    “Life, liberty, and property do not exist because men have made laws. On the contrary, it was the fact that life, liberty, and property existed beforehand that caused men to make laws in the first place.” - Frederic Bastiat

    "When bad men combine, the good must associate; else they will fall one by one, an unpitied sacrifice in a contemptible struggle." - Edmund Burke

  3. #3
    Regular Member OC for ME's Avatar
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    What is, or will be the conditions of parole? I recommend that you know them as well, or better, than the family member.
    "I would rather be exposed to the inconveniences attending too much liberty than to those attending too small a degree of it." - Thomas Jefferson.

    "Better that ten guilty persons escape, than that one innocent suffer" - English jurist William Blackstone.
    It is AFAIK original to me. Compromise is failure on the installment plan, particularly when dealing with so intractable an opponent as ignorance. - Nightmare

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    Regular Member OC for ME's Avatar
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    Quote Originally Posted by OC for ME View Post
    What is, or will be the conditions of parole? I recommend that you know them as well, or better, than the family member.
    Oh, do not contact the state/local parole agency regarding this issue. The last thing you want is cops coming around and "mitigating" the opportunity for a felon to steal a gun.
    "I would rather be exposed to the inconveniences attending too much liberty than to those attending too small a degree of it." - Thomas Jefferson.

    "Better that ten guilty persons escape, than that one innocent suffer" - English jurist William Blackstone.
    It is AFAIK original to me. Compromise is failure on the installment plan, particularly when dealing with so intractable an opponent as ignorance. - Nightmare

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    Quote Originally Posted by OC for ME View Post
    Oh, do not contact the state/local parole agency regarding this issue. The last thing you want is cops coming around and "mitigating" the opportunity for a felon to steal a gun.
    I imagine that if the authorities knows he frequents the residence then it might allow them access (they'll claim he lives there).

    I put nothing past them.

  6. #6
    Regular Member The Trickster's Avatar
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    You know the old saying: you can choose your friends but not your family.

    My understanding of the conditions of his parole are pretty much the norm - no drugs/alcohol, no possession of weapons, no criminal activity, etc. I'm going forward with the mindset that the conditions of his parole are indeed his problem. I don't want to get into the specifics of his criminal history, but let's just say that alcohol was a consistent contributing factor. If the parole department shows up at my door without a warrant and wants to search my home and/or property "just because," then they will be denied access in not so many choice words. I have no desire to lose any of my rights or freedom by helping to pay for someone else's mistakes; I have no pity for those who endure hardships which were created by their own laziness, ineptitude, or vagabond lifestyle. My primary concern is to ensure that there isn't a loophole hidden in ARS somewhere with which the state could try to screw me over if I they found out I was armed in his presence. Everything I've come across is rather consistent in that unless the felon lives with you or you intentionally provide them with a weapon, you're pretty much golden.

  7. #7
    Regular Member Rusty Young Man's Avatar
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    Quote Originally Posted by The Trickster View Post
    You know the old saying: you can choose your friends but not your family.

    My understanding of the conditions of his parole are pretty much the norm - no drugs/alcohol, no possession of weapons, no criminal activity, etc. I'm going forward with the mindset that the conditions of his parole are indeed his problem. I don't want to get into the specifics of his criminal history, but let's just say that alcohol was a consistent contributing factor. If the parole department shows up at my door without a warrant and wants to search my home and/or property "just because," then they will be denied access in not so many choice words. I have no desire to lose any of my rights or freedom by helping to pay for someone else's mistakes; I have no pity for those who endure hardships which were created by their own laziness, ineptitude, or vagabond lifestyle. My primary concern is to ensure that there isn't a loophole hidden in ARS somewhere with which the state could try to screw me over if I they found out I was armed in his presence. Everything I've come across is rather consistent in that unless the felon lives with you or you intentionally provide them with a weapon, you're pretty much golden.
    This is generally true of Title 13 (criminal code) of A.R.S.
    One last thing: you could leave the voice recorder on whenever the family member is coming over, just as extra proof. Never know when someone is just itching to violate a citizen's Rights.
    I carry to defend my loved ones; Desensitizing and educating are secondary & tertiary reasons. Anything else is unintended.

    “Life, liberty, and property do not exist because men have made laws. On the contrary, it was the fact that life, liberty, and property existed beforehand that caused men to make laws in the first place.” - Frederic Bastiat

    "When bad men combine, the good must associate; else they will fall one by one, an unpitied sacrifice in a contemptible struggle." - Edmund Burke

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