Page 1 of 2 1 2 LastLast
Results 1 to 10 of 12
  1. #1
    Join Date
    Jul 2009
    Posts
    3

    Default Convicted Felon in Home with Numerous Firearms

    What does the law say about a person with 3 felony convictions living in a home with numerous firearms and ammo to go with them,specifically in the state of mississippi, and what if anything could or should be done about it?

  2. #2
    Join Date
    Mar 2007
    Posts
    9,085

    Default Re: Convicted Felon in Home with Numerous Firearms

    Do the weapons belong to the felon or are they available to him?

    Regardless, it is most likely a violation... call a cop.
    All you need in this life is ignorance and confidence; then success is sure.
    - Mark Twain

  3. #3
    Join Date
    Jul 2008
    Posts
    853

    Default Re: Convicted Felon in Home with Numerous Firearms

    The felon cannot have access to firearms OR ammunition. If a person living in the home with the felon is a gun owner, then the felon cannot have access to them. I would suggest putting them in a gun safe that only the non-felon has access to.

    ETA: Federal Law (18 USC 922) says:

    (g) It shall be unlawful for any person—
    (1) who has been convicted in any court of, a crime punishable by imprisonment for a term exceeding one year;

    <snip>

    to ship or transport in interstate or foreign commerce, or possess in or affecting commerce, any firearm or ammunition; or to receive any firearm or ammunition which has been shipped or transported in interstate or foreign commerce.

  4. #4
    Join Date
    Sep 2009
    Posts
    12

    Default Re: Convicted Felon in Home with Numerous Firearms

    I trully respect these gun laws,but its just when you have your adjudication was witheld or some small domestic violence that wasnt a felony charge becasue thats to much prohibiting.They should just change that back so you can with witheld charges or domestic.After that noone important will file big motions to appeal courts to try to change laws on that issue,it will keep more stirct for adjudicated felons period,and the system on that degree would meet its needs for a closer-leverages-never have to worry about that issue again.

  5. #5
    Join Date
    Oct 2007
    Location
    Michigan
    Posts
    33

    Default Re: Convicted Felon in Home with Numerous Firearms

    Unless the felon is on parole or on some type of probation that specifically says he can't be in a home with firearms, it's not illegal.

    HOWEVER the above post about not being able to have access to the guns or ammo is correct.

    For example, if you have a Kimber 1911 in your night stand, not locked up and a felon living in your home and he does something stupid with the guns, or if the police happen to raid your house and find the guns not locked up, they bring charges on all parties involved for the felon having access and for you giving access.

    If you have a felon living in your house, you need to keep the guns and ammo in a gun safe at all times or directly have control of them. For example, if you have a CCW permit and your gun is holstered in your waist, that's ok because YOU are in control of it.

  6. #6
    Join Date
    Sep 2005
    Location
    California
    Posts
    15,364

    Default Re: Convicted Felon in Home with Numerous Firearms

    Under both MS state law and federal law, it is illegal for a felon to be in a position where he or she is able to exercise any control over the firearms. Those convicted of a felony - whether on parole or not - cannot be in possession of a firearm, period. Unless the felon has received a pardon, has received relief under federal law, or has received a certificate of rehabilitation from the state, he or she cannot be in possession of a firearm. This includes being able to exercise any dominion or control over the firearm. So, if someone in the home CAN legally possess the weapons, they will need to secure them in such a way that the felons cannot have access.

    - Carl
    A Nor Cal Cop Sergeant

    "Make mine a double mocha ...
    And a croissant!"


    End of Watch: Deputy Danny Oliver

    End of Watch: Detective Michael Davis, Jr.

  7. #7
    Join Date
    Sep 2009
    Location
    Florida
    Posts
    1

    Default Re: Convicted Felon in Home with Numerous Firearms

    Hey, Thanks for clarifying better than anyone else. I've always understood that I had to keep any firearms locked up, and the key only in my possession, with a convicted felon in the home. Now that the time is finally here (my husband's being released after three decades), the PO is telling me that I have to remove any firearms from the house, and give him a written statement with the serial numbers of said firearms AND may possibly want a statement from the relative that I'm storing the firearms with. I have never heard of such a request. I want to comply to insure an easy transition for my husband, but I also live in a very rural area where rattlesnakes are common, drive a long distance to work at night on desolate roads, etcetera. Have you ever heard of a federal law requiring weapons be removed from a home? My husband's charges were drug-related and had nothing to do with firearms. Thanks much from Larissa

  8. #8
    Join Date
    Sep 2005
    Location
    California
    Posts
    15,364

    Default Re: Convicted Felon in Home with Numerous Firearms

    The problem you have is parole. His parole officer can establish certain conditions that are above and beyond the norm. Unfortunately, if the parole officer wants this requirement to be met, you have little choice but to appeal his decision up his chain of command or face the possibility that he will not be allowed to parole to your home.

    - Carl
    A Nor Cal Cop Sergeant

    "Make mine a double mocha ...
    And a croissant!"


    End of Watch: Deputy Danny Oliver

    End of Watch: Detective Michael Davis, Jr.

  9. #9
    Join Date
    Dec 2009
    Posts
    117

    Default Re: Convicted Felon in Home with Numerous Firearms

    I have seen a number of guys go down over constructive possession. And having the woman of the house testify that they were her guns wasn't enough to overcome the Government's theory of the case.

  10. #10
    Join Date
    Dec 2009
    Posts
    1

    Default Re: Convicted Felon in Home with Numerous Firearms

    My boyfriend recently was arrested and convicted of recieving stolen property (firearm) and possession of a firearm by a convicted felon. He did not own the gun, it had been stolen by another party. My boyfriend only retrieved the gun and returned to original owner. Is there any way to fight this charge??

    1. Sponsored Links
       

Page 1 of 2 1 2 LastLast

Similar Threads

  1. Weapons Offenses: Ex-Felon Living with Firearms
    By bigmattd in forum Criminal Charges
    Replies: 2
    Last Post: 04-19-2010, 10:33 PM
  2. Criminal Records: 18 USC 922g Felon Firearms
    By Mobicco in forum Criminal Records
    Replies: 2
    Last Post: 09-17-2009, 03:09 AM
  3. Weapons Offenses: Are Firearms Grandfathered To A Felon
    By bh77 in forum Criminal Charges
    Replies: 1
    Last Post: 02-18-2008, 07:54 PM
  4. Weapons Offenses: Felon Trying To Buy Firearms
    By thehardway in forum Criminal Charges
    Replies: 2
    Last Post: 02-06-2008, 07:40 PM
  5. Weapons Offenses: Legalities of An Ex-Felon's Proximity To Firearms
    By half&half in forum Criminal Charges
    Replies: 4
    Last Post: 01-08-2007, 11:46 AM

Bookmarks

Posting Permissions

  • You may not post new threads
  • You may not post replies
  • You may not post attachments
  • You may not edit your posts
  •  
 
Forum Sponsor
Criminal Defense Attorney
Protect your freedom. Consult a criminal defense lawyer for free.




Untitled Document