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Thread: An interesting question.

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    An interesting question.

    I am still new to Washington state but I would like to know because I am in the process of moving AGAIN. What standpoint would LE take on a gun owner and a felon living under the same roof so long as the felon never has access to the firearm/firearms? If anyone could elaborate on this it would be greatly appreciated. I know it is unrelated but a curious question none the less.

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    Regular Member Mortech's Avatar
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    As long as the felon has no access to the weapons what so ever , there is no problem . With one caveat , as long as your not sharing one room as sleeping quarters and the weapon is stored in a locked container that is not in a common area (read as the safe is in the gun owners . I got this from my son's probation officer when he stayed with me . the DOC official actually had to come and inspect my house to verify he wouldn't have easy access to my weapons but if the roommate isn't probation you won't have to go through this step .

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    State Researcher Bill Starks's Avatar
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    Worth Reading:
    http://www.komonews.com/news/local/80924912.html

    Groves called police in late November 2008 after he returned home to find a broken window in his Hewitt Avenue house. He says he told officers that his wife owned a rifle and handgun. Nothing had been stolen from the home, but Groves was arrested for being a felon in possession of firearms.

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    This information is greatly appreciated. I will take the necessary precautions however I do not feel it will be a problem, I also know that this individual is no longer on probation or parole. However one further question in the EXTREMELY unlikely event that the firearm was misused would legal responsibility fall upon my head?

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    Of course.

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    Opt-Out Members BigDave's Avatar
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    9.41.040 Unlawful possession of firearms -- Ownership, possession by certain persons--Penalties.
    (1)(a) A person, whether an adult or juvenile, is guilty of the crime of unlawful possession of a firearm in the first degree, if the person owns, has in his or her possession, or has in his or her control any firearm after having previously been convicted or found not guilty by reason of insanity in this state or elsewhere of any serious offense as defined in this chapter.
    I do not agree with the statement of "as long as your not sharing one room as sleeping quarters and the weapon is stored in a locked container that is not in a common area"

    It would be fine as long the lines as they do not have access ie not having a key or combination to the safe where the guns are kept in the home (location would not matter) or allowed at anytime to have them in their possession.
    In the referenced story, he took officers right to where the weapons were ie had access and or possession according to the courts.

    You are being vague in your question so you will get general answers.
    Last edited by BigDave; 04-10-2011 at 10:05 PM.
    • Being prepared is to prepare, this is our responsibility.
    • I am not your Mommy or Daddy and do not sugar coat it but I will tell you simply as how I see it, it is up to you on how you will or will not use it.
    • IANAL, all information I present is for your review, do your own homework.

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    Regular Member Mortech's Avatar
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    I understand DavIe but I'm only telling what I was told face to face by my son's DOC officer and later by the Sheriff himself . Since its their administrative guideline , why argue the point with them .

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    Opt-Out Members BigDave's Avatar
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    Quote Originally Posted by Mortech View Post
    I understand DavIe but I'm only telling what I was told face to face by my son's DOC officer and later by the Sheriff himself . Since its their administrative guideline , why argue the point with them .
    What administrative guideline and what legal weight does it have on any citizen?
    Or is this just another well I had so and do told me if I shot someone make sure I drag them in the house! or typical story that has no foundation of support.
    • Being prepared is to prepare, this is our responsibility.
    • I am not your Mommy or Daddy and do not sugar coat it but I will tell you simply as how I see it, it is up to you on how you will or will not use it.
    • IANAL, all information I present is for your review, do your own homework.

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    Regular Member sudden valley gunner's Avatar
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    Quote Originally Posted by Mortech View Post
    I understand DavIe but I'm only telling what I was told face to face by my son's DOC officer and later by the Sheriff himself . Since its their administrative guideline , why argue the point with them .
    Never rely on what an LEO tells you. They are the source for much mis-information.
    I am not anti Cop I am just pro Citizen.

    U.S. v. Minker, 350 US 179, at page 187
    "Because of what appears to be a lawful command on the surface, many citizens, because
    of their respect for what only appears to be a law, are cunningly coerced into waiving their
    rights, due to ignorance." (Paraphrased)

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    Opt-Out Members BigDave's Avatar
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    Mortech-ie if you have learned nothing else here take nothing for granted just because someone else has told you, look it up find the information supporting it and form an opinion from there.

    I am glad your brought this issue up not not being able to be sharing a bedroom with someone that cannot posses firearms, I am sure that will get passed around the campfire a few times along with who would have done that stories
    Last edited by BigDave; 04-12-2011 at 11:58 AM.
    • Being prepared is to prepare, this is our responsibility.
    • I am not your Mommy or Daddy and do not sugar coat it but I will tell you simply as how I see it, it is up to you on how you will or will not use it.
    • IANAL, all information I present is for your review, do your own homework.

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    Regular Member amlevin's Avatar
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    Quote Originally Posted by BigDave View Post
    Mortech-ie if you have learned nothing else here take nothing for granted just because someone else has told you, look it up find the information supporting it and form an opinion from there.

    I am glad your brought this issue up not not being able to be sharing a bedroom with someone that cannot posses firearms, I am sure that will get passed around the campfire a few times along with who would have done that stories
    Simple guideline

    "Believe only half of what you see and nothing that you hear."
    -- Dinah Mulock Craik
    "If I shoot all the ammo I am carrying I either won't need anymore or more won't help"

    "If you refuse to stand up for others now, who will stand up for you when your time comes?"

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    IMHO, I would CMA (cover my a$$) and not room with a felon if I enjoyed my guns. Now, if it is a spouse, or a child, etc., I would ask a lawyer for a legal overview of the situation. If it came down to it, I would have one of my brothers hold onto my firearms. Just my .o2

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    I have consulted with a lawyer about this issue and he stated as long as my firearms could not be reached by said felon, i.e within the contents of a safe or similar locking apparatus then I am legally taking the necessary precautions, so long as the p.o. is aware of my firearms and were they are kept. I hope this information is useful to everyone else.

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    Opt-Out Members BigDave's Avatar
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    Quote Originally Posted by YoungSoldier View Post
    I have consulted with a lawyer about this issue and he stated as long as my firearms could not be reached by said felon, i.e within the contents of a safe or similar locking apparatus then I am legally taking the necessary precautions, so long as the p.o. is aware of my firearms and were they are kept. I hope this information is useful to everyone else.
    You may want to add that the restricted person does not have access to the safe as in knowing the combination.
    • Being prepared is to prepare, this is our responsibility.
    • I am not your Mommy or Daddy and do not sugar coat it but I will tell you simply as how I see it, it is up to you on how you will or will not use it.
    • IANAL, all information I present is for your review, do your own homework.

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    Of course, there are the select few who would not make that connection.

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    Some felonies can be expunged off a record. I performed a transfer for someone who once had a felony when he was a young whipper snapper. But he had his record expunged. NICS delayed him but eventually called with an approval.

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    Regular Member sudden valley gunner's Avatar
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    Quote Originally Posted by sirpuma View Post
    Some felonies can be expunged off a record. I performed a transfer for someone who once had a felony when he was a young whipper snapper. But he had his record expunged. NICS delayed him but eventually called with an approval.
    I know two people who have had gun rights restored by expunging their record, and one of his felonies was while he was a "legal" adult.
    I am not anti Cop I am just pro Citizen.

    U.S. v. Minker, 350 US 179, at page 187
    "Because of what appears to be a lawful command on the surface, many citizens, because
    of their respect for what only appears to be a law, are cunningly coerced into waiving their
    rights, due to ignorance." (Paraphrased)

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