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BeFree Donating Member (1000+ posts) Send PM | Profile | Ignore Mon Jul-18-11 04:48 PM
Original message
Question about felon's gun rights
I have this neighbor who likes to shoot his guns at any time. It really doesn't bother me much, but my other neighbors are getting upset.

There is a felon who lives there, but doesn't shoot, ever. The question is, can guns be in the same house with a felon?

Thanks.
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gravity556 Donating Member (576 posts) Send PM | Profile | Ignore Mon Jul-18-11 04:51 PM
Response to Original message
1. pretty sure that
the answer is a big fat NO!

Though if they're always kept in the safe in a part of the house that the felon doesn't have access to, the homeowner may be in the clear.
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BeFree Donating Member (1000+ posts) Send PM | Profile | Ignore Mon Jul-18-11 04:55 PM
Response to Reply #1
3. well
When he is shooting the guns are obviously not in the safe.

The felon wants nothing to do with the guns.

Thanks....
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ileus Donating Member (1000+ posts) Send PM | Profile | Ignore Mon Jul-18-11 04:54 PM
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2. I'm pretty sure that's a big fat NO also...
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Skip_In_Boulder Donating Member (1000+ posts) Send PM | Profile | Ignore Mon Jul-18-11 04:56 PM
Response to Original message
4. This seems to be the general answer
Your roommate is the one who cannot possess or control a firearm; there is no legal prohibition against you having one just because of his felony. However, your roommate should be concerned as possession of a firearm is tricky when it is in the same residence but not owned by the felon as the immediate ability to obtain control might be considered possession. The safest bet is for the roommate not to live there, but short of that, if the roommate has no access to the firearm, for example if it is locked up somewhere and the roommate does not have the key, that should be sufficient. There may be many legal defenses that could be argued if your roommate gets charged with possession of a weapon by a previous offender due to being in a residence with your firearm, but I am sure he would prefer not to be in that position as it is a felony charge.

Notice: The information contained herein is intended as general legal information and does not create an attorney-client relationship and is not governed by confidentiality rules. This general legal information is not a substitute for seeking the direct advice of legal counsel.

http://www.avvo.com/legal-answers/can-i-own-a-firearm-while-a-felon-is-residing-in-m-312057.html

Of course this can vary from state to state.
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