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Thread: Have I lost my rights to own guns??

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    Have I lost my rights to own guns??

    My roommate was recently convicted for a 4th drunk driving, the charge is a Class H Felony.
    The questions:

    1)Since we live in the same house together, do I have to get rid on my guns ? I presently keep my guns in a locked safe. My roommate does not have the combination and without the combination she can not get to them...

    2)Have I lost the right to keep my guns in a locked safe??

    3)Have I lost my rights to carry while traveling with her in the same car?

    4)Have I lost my rights to carry while in our home with her???

    thanks

  2. #2
    Campaign Veteran Schlitz's Avatar
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    owch! I think you would need actual legal advice from a lawyer for this one, depending on who you ask here you may recieve 2 different answers.

    I suggest checking out my thread related to this in the Delaware forum, there may be some good info in the back and forth that went down that could benefit you

    http://forum.opencarry.org/forums/sh...on-while-armed
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    “There can be no sanction or penalty imposed upon one because of his exercise of constitutional rights.”
    [Sherar vs. Cullen, 481 F2d. 946 (1973)]

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    Founder's Club Member ixtow's Avatar
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    My understanding is that PROVIDING a firearm to a Felon is a crime. Many agencies inflate this... But I don't hang around with Felons much, so I'm no expert on the topic. Not that Felons are bad people... I'm simply asocial.
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    Regular Member MKEgal's Avatar
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    IANAL, nor do I play one on TV, but IMO you have lost no rights because of your roommates bad decisions.
    As long as there's no way she can access your guns, I would say that's not illegal.
    However... check with a lawyer. Or if she has a parole officer, ask that person.
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    Regular Member Badger Johnson's Avatar
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    Quote Originally Posted by MKEgal View Post
    IANAL, nor do I play one on TV, but IMO you have lost no rights because of your roommates bad decisions.
    As long as there's no way she can access your guns, I would say that's not illegal.
    However... check with a lawyer. Or if she has a parole officer, ask that person.
    1. Definitely ask the parole officer if you can - they would be the one that is complaining, AND get his opinion in writing from him (not an email);
    2. Charges, if any, ISTM, would be of the 'tack on' variety if you are charged with something else and they find out about her status;
    3. The key is 'providing' but you'd need a lawyer to interpret the law who is experienced in this type of case.

    $.02

    IANAL, but I believe that such charges have an expiration date as to ability to have a firearm. How long ago? A 4th drunk driving, uh...I'm not sure I'd ever trust such a person being around firearms - despite not 'knowing' your safe combo. She could get her hands on your gun if she really wanted to if she's living w/you.
    Last edited by Badger Johnson; 11-18-2011 at 11:03 AM.
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    A friend went through something similar to this about a year ago. He got tagged with his 3rd DUI. His family had to move all guns out of the home, as well as all alcohol. When he was put on the bracelet, they also had to get a home phone for the monitoring equipment.

    I would definitely check with her parole officer, and pronto. If you're told you can keep them, get it in writing from the PO
    Last edited by TaurusToter; 11-18-2011 at 11:18 AM.
    You can speak softy and carry a big stick, but I'll stick to my guns.

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    I think I'd move out might not be easy but I'd do that.

    Losing gun rights because of drunk driving is bs though. Has nothing to do with guns.

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    Regular Member BROKENSPROKET's Avatar
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    If you call her PO to ask, relocate your guns BEFORE you do. It doesn't matter if you did not know before you called. You call and ask and they say it is a violoation, they might be there before you can get them out.

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    Regular Member Cobra469's Avatar
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    Depends on your situation. Do you share a room? If so that complicates it. If not then constructive possession may not apply. I personally was in a similar situation. My sister has a DV charge against her. Her court order says not to be in possession. Her PO said for them not to be in the house. Once she changed her PO they told me as long as it goes from my safe to my hip I have possession the entire time. Since she has her own room and mine is dead-bolted and she does not have the combo to my safe there is no way for her to gain constructive possession. On the other hand if her PO says absolutely not in the house then her PO can make her move in order to comply. There are many cases where a police officer is married to a convicted felon and still stores their firearm in their home. You should consult an attorney or contact the PO. The PO will tell you how they want you to comply. But my experience is that if it is in a safe then the most the PO can do is require the felon to move or face revocation. Keep in mind that if you move you might be breaking the lease. If they move it is their responsibility. You weren't the one convicted. They still need a warrant to search your room if it is secured. Also keep in mind that when in a vehicle even if it is unloaded/encased and in a trunk, they have constructive possession.


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    Regular Member Cobra469's Avatar
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    Quote Originally Posted by wisturkeyhunter View Post
    I think I'd move out might not be easy but I'd do that.

    Losing gun rights because of drunk driving is bs though. Has nothing to do with guns.
    A felony is still a felony. If a person can't use sound judgement to not drive after they are drinking what will stop them from carrying a gun while drunk? If they don't realize the danger they pose to the public in a 3,000 lb possible deadly weapon, how can they understand the danger of carrying drunk? Not to mention this is 4th charge of drunken driving. They had 3 other chances and still chose to ignore responsibility. I would not trust that person to be anywhere near my firearms, family, or anything else I hold dear. There is no way you get roped into a 4th charge without being to blame at some point.

    Doesn't sound like BS to me. But then again I also feel people should have the right to make up for their mistakes and regain their rights. At least once they proven that they have learned from them.
    Last edited by Cobra469; 11-18-2011 at 01:10 PM.

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    It's not a question of her mistakes, it's a matter of him being punished for her mistakes. Guilty by association is ridiculous. We see instances of it all the time.
    You can speak softy and carry a big stick, but I'll stick to my guns.

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    Regular Member Trip20's Avatar
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    Quote Originally Posted by Cobra469 View Post
    A felony is still a felony. If a person can't use sound judgement to not drive after they are drinking what will stop them from carrying a gun?.
    obviously not a law...........

  13. #13
    Regular Member Cobra469's Avatar
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    Quote Originally Posted by Trip20 View Post
    obviously not a law...........
    Rephrased Carry a gun while drunk. Which is a law.

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    Regular Member Cobra469's Avatar
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    Quote Originally Posted by TaurusToter View Post
    It's not a question of her mistakes, it's a matter of him being punished for her mistakes. Guilty by association is ridiculous. We see instances of it all the time.
    I wasn't talking about his rights. The quote was about a person losing their gun rights over drunk driving. As far as his rights go, he still has rights. But exercising those rights might just get his roommate into a lot of trouble or have to move. I told my sisters PO my intention to bring my firearms back and secure them in my safe as advised by my attorney. My sisters PO decided to change her orders to read not to have possession instead of being in the house. That is how I made sure I wasn't punished for her mistakes. But as I suggested I contacted my attorney and her PO. Between those two I got all my questions answered and secured my ability to defend myself.

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    Quote Originally Posted by Mercurymark25 View Post
    My roommate was recently convicted for a 4th drunk driving, the charge is a Class H Felony.
    The questions:

    1)Since we live in the same house together, do I have to get rid on my guns ? I presently keep my guns in a locked safe. My roommate does not have the combination and without the combination she can not get to them...

    2)Have I lost the right to keep my guns in a locked safe??

    3)Have I lost my rights to carry while traveling with her in the same car?

    4)Have I lost my rights to carry while in our home with her???

    thanks
    You must look at the terms of probation. If the probation terms say no firearms in the home then she must abide or will be in violation of the terms of her release. If she is not under any conditions (other than being a felon) then she can not possess them. As long as you do not leave them out of your custody and control there is no violation. You must have an understanding of what possession is considered in your state or jurisdiction. As long as she is on probation, however unfair, the dictates of the court apply or finish the sentance.

  16. #16
    Regular Member oak1971's Avatar
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    You need to find another roommate and she needs to stop drinking and driving.
    In God I trust. Everyone else needs to keep your hands where I can see them.

  17. #17
    Regular Member carry for myself's Avatar
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    this is a tough one. i would definitely contact the parole officer. and your local PD and see what they say. im kind of in the same boat. my sister is on bail conditions for a class A misdorminor that state she cannot own so much as a pen knife........she lives with my mother who has cancer and i visit frequently. thus meaning me being in the home violates her bail if i am armed *or i think it does*......i have yet to speak to the PD about this but definitely get some legal advise.
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    IANL either but my opinion is that you are not legally responsible for her actions. They should have no affect on your legal rights. However there is a caveat to that and something I think you need legal assistance with. The court could order, or may have ordered witout your knowledge, that she not come in contact or live in a residence with firearms. If the court so ordered then if she did somehow get posession of one of your guns you could possibly be charged with providing a firearm to a convicted felon and that would affect your gun rights.

    my opinion

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    Regular Member carry for myself's Avatar
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    Quote Originally Posted by Captain Nemo View Post
    IANL either but my opinion is that you are not legally responsible for her actions. They should have no affect on your legal rights. However there is a caveat to that and something I think you need legal assistance with. The court could order, or may have ordered witout your knowledge, that she not come in contact or live in a residence with firearms. If the court so ordered then if she did somehow get posession of one of your guns you could possibly be charged with providing a firearm to a convicted felon and that would affect your gun rights.

    my opinion

    not only affect the rights but i do "believe" *cannot cite* but i do believe that charge carries the same punishment in federal law as a felon being in possession of a firearm which is no less than 5 years in prison. but dont take that as law because well i cant find it. just remember hearing it from a SEO at a county jail one time.
    i would rather run out of blood, breath and life. and die fighting. than run out of ammo , and die with my pants down -Tom Scantas

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    The world is full of weapons if somebody proves they aren't to be trusted around weapons they shouldn't be trusted in society.

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    Regular Member Badger Johnson's Avatar
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    Just to be safe, before contacting the PO, I'd:

    1. Remove your guns from the home and store them (safely) at a relative's house.

    2. If/when asked, say you 'plan to acquire...';

    You don't want to risk them sending someone over and finding she already violated her terms (if they do, indeed, say no guns in the house).

    $.02
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    Regular Member Cobra469's Avatar
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    Quote Originally Posted by Badger Johnson View Post
    Just to be safe, before contacting the PO, I'd:

    1. Remove your guns from the home and store them (safely) at a relative's house.

    2. If/when asked, say you 'plan to acquire...';

    You don't want to risk them sending someone over and finding she already violated her terms (if they do, indeed, say no guns in the house).

    $.02
    +1

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    Campaign Veteran skidmark's Avatar
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    Sweet baby Xenu on the proverbial pogo stick! What a load of misinformation.

    The OP has not lost their RKBA, but their roommate did.

    The roommate needs to avoid a charge of constructive possession of a firearm by a convicted felon, let alone actual possession. That means either the roommate moves or the OP does stuff* to prevent the roommate from being able to constructively posses the firearm(s).

    The OP also needs to avoid handing a firearm to the roommate.

    stay safe.

    * Stuff like having a room (or closet) with a padlocked door in which all firearms not under the immediate physical control (in a holster on yoir body or in your hand) are stored and the roommate not having access to the padlock key. Or a gun safe to which the roommate does not have the key/combination. Keeping the key on your person instead of storing it in a drawer.

    Please call G. Gordon Liddy's wife for more ideas on how to live with both a felon and your own firearms.
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  24. #24
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    I'd rather move, than be forced to secure my guns, and live with a drunkard. Maybe thats just me?

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    It depends on what the probation terms are.

    The terms could have a no firearms in the house clause in it. My sister's did and my father had to store all the guns at a friend's house until she moved out on her own.

    Once the probation is over, it would revert back to the no possession/access law.

    My advise, someone needs to pack up and move.

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