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Thread: is it legal to?

  1. #1
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    i have a loved one being released from jail on a misdeanor charge. part of the terms of there release is the firearms must be removed from the home .which i dont mind doing. i have LTCF here the problem the parole officer said i cant oc or cc at all while the with the parolee .its for his safety what about my safety and the rest of my family is it legal to deny me the right to carry .

  2. #2
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    that sounds awfully fishy. So, what if the parolee is eating in a restaurant when another OC'er walks by? Do you ask them, excuse me, you can't have that near him. Please leave.

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    There's a legal doctrine called "constructive possession" which basically means that the person has potential access to, and possession and control of,weapons even if they aren't his/hers. The authorities can't really desparage your rights to have guns, and as long as they are inaccessible to the restricted person - e.g. locked in a safe that only you can get into - that should be OK. I'm sure they'd prefer that a person under disability not be around them at all, but you're usually able to come to some arrangement like that where you don't have to get rid of your stuff as long as you can demonstrate that the other person can't get at them. That said, I'm not admitted to the bar, and the authorities may be unreasonable about it...

    As for actually carrying guns around a person who is restricted... dunno. Call a lawyer for a ruling on that. It may be possible to explain the situation to this person's PO and come to some understanding, but the law is not entirely clear about how to handle that (especially given than it was only a misdemeanor charge which wouldn't represent any lifetime disability to this other party). I don't think you can reasonably be punished for someone else's crime(s), but it may ultimately be necessary to store them off-premises to keep him/her out of trouble, at least for the term of probation.

    Sorry, but "any help would be helpful" is cracking me up...

    -ljp


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    kilroyhunter wrote:
    i have a loved one being released from jail on a misdeanor charge. part of the terms of there release is the firearms must be removed from the home .which i dont mind doing. i have LTCF here the problem the parole officer said i cant oc or cc at all while the with the parolee .its for his safety what about my safety and the rest of my family is it legal to deny me the right to carry .
    Are you in the United States? If so, which one? I have to ask since it looks like English may be a second language. There's a spot in your profile for you to add a location that shows up under your user name.



    That sort of legal question cannot be answered reliably in this forum. All the states have very different laws, and some are pretty intricate. My opinion is that the PO is mistaken, he may believe you reside together or something. As mentioned, you will want a real opinion from a real lawyer before proceeding.

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