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  1. #1
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    Default Can You Be Charged With Child Endangerment for Having Weapons in a Locked Container

    My question involves a child custody case from the State of: RI

    I was never married to father in question. I left him when I was 16 weeks pregnant. He was never listed on the birth certificate, but they did go after him for child support after they made him establish paternity. He has paid $230.00 a month for the past 6 years. He had never had contact with his child. I would send him photos and talk to him rarely. My child will be 7 in a week, within the last year he has spoke to his father a total of 2 times on the phone and 2 times via facetime. My child and I have lived with my boyfriend for the past year, I have been with him for almost 2 years. My son considers my boyfriend more of a dad to him, as he refers to my boyfriend as dad.

    Recently, there was an FBI raid in our home. We thought it had to do with a few weapons we had recently purchased, but I later found out it involved something completely different. DCYF (department of children youth and families) stepped in and told me that my child was not allowed to live in the home with my boyfriend, and that my son was to have no contact with my boyfriend. They knew we had previously lived with my parents and she said that he has to stay there until they complete the investigation, or else THEY WOULD TAKE HIM and give him to his (sperm donor). I was completely heartbroken. I knew I would never allow that to happen. I would do anything I could to protect him and to make sure he was never taken from me. So my son and I packed some clothes and went to my mothers. I sleep in my home with my boyfriend every other night. I continue to maintain our home.

    My boyfriend was never arrested, he was just taken in for "questioning". They questioned me about access to our internet, who has had access, etc. I mean, I pay the bill, I always have friends and neighbors over, and our password is on the fridge. I was answering questions truthfully, since at that point I was totally clueless as to what the investigation was even about, and why they were asking me all of those questions about my internet. Then they informed me what it was about. They had an open investigation involving child porn/child exploitation, they said they had been investigating for a while [they were not specific to how long as I kept demanding they tell me] which I don't believe for the life of me), I did not believe them for the life of me. The DCYF worker even went to my sons school and asked him if my boyfriend had every inappropriately touched him. My son said no to this lady, and the lady said that she believed him. which of course I know for a fact that, he would never hurt us and if I ever thought for a minute something was going on I would have left him.

    They did take all of our weapons and electronics. They were questioning as to why we had an M-16 and a 9mm pistol (in their designated LOCKED containers) on the living room floor. We had went shooting on sunday and he had been cleaning them the night before. we had put everything back and locked the containers but we hadn't brought them back downstairs. DCYF is pretty much telling me my son was in danger. Also my son had told this DCYF lady that my boyfriend had taken him to the fields (that we go shooting in) taught him how to use it, clear it and of course the dangers of it. my son said he held it with my boyfriend behind him holding onto it and shot it. Honestly I don't know about the law in RI, but I was 7 when I shot my first deer in RI so I don't know how much the laws have changed since then. Either way I would never put my son in harms way and I have always trusted my boyfriend with him 110%. our weapons are always locked up and the keys for it are put in the wall safe that not even I have the password for. At this point I know my boyfriend needs a lawyer, even though we know without a doubt that nothing will be found in our electronics. But now I feel like I need a lawyer more than he does. I am not being naïve, as everyone has their dark pasts and what not. But I know nothing is going to turn up. We think it has something to do with his daughter. His daughters mother left the state and took her to the Carolinas, two years ago, he hasn't seen her last. a year ago they last spoke. and the mother blocked every number, does not answer any call or number she doesn't know, scans all emails. We just got an email from his daughter, saying to help her and to please get custody of her because she is scared for her life of what her mother will do next. (that's a whole other issue, I know)

    Couldn't I be arrested for child endangerment? or something? What next? Should I take a loan out for a lawyer? I have never been arrested, or been in a situation even remotely close to the one I am in now. I am a mess right now. How could they just up and take my child - I mean I wouldn't allow that to happen over my dead body. I am not a criminal I have never been arrested in my life. I work my butt off 2 jobs to make sure my son does not want for anything, my boyfriend owns his own business and is amazing and helps me out all the time. He took my son to school every morning. I wake my son up at 645 to say bye, I leave at 650, he makes him breakfast, my son dresses himself brushes his teeth and my boyfriend would take him to school by 720. I have managed to keep him in catholic school to get the best education. I don't, and have never done (hard) drugs, I cant even smoke pot because I have a very bad reaction to it, (yes I have tried, and called the cops on myself, they sat there on my couch and laughed at me the whole time and with me while my "high" wore off). I hardly have time to drink, and cant handle much anyways.

    What should I do. Please help. Ask me questions. anything. I know I need a lawyer, or someone, I don't have much money, are there other options.

  2. #2
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    Default Re: Can You Be Charged With Child Endangerment for Having Weapons in a Locked Contain

    If your question is, in fact, whether you're going to face child endangerment charges for having a firearm locked in a portable gun safe, where the gun safe was accessible to your child but he had no way of getting into the gun safe to actually obtain the firearm, that's not at all likely.

    When you first posted about your situation, the man you were living with was described as your husband. Now he's a boyfriend?

    Although this statute is not applicable to your situation, as no injury occurred, its safe storage defenses may be useful in understanding how your state approaches safe firearms storage in the absence of an injury.
    Quote Quoting R.I. Gen. Laws, Sec. 11-47-60.1. Safe storage.
    (a) Nothing in this section shall be construed to reduce or limit any existing right to purchase and own firearms and/or ammunition or to provide authority to any state or local agency to infringe upon the privacy of any family, home or business except by lawful warrant.

    (b) A person who stores or leaves on premises under his or her control a loaded firearm and who knows or reasonably should know that a child is likely to gain access to the firearm without the permission of the child's parent or guardian, and the child obtains access to the firearm and causes injury to himself or herself or any other person with the firearm, is guilty of the crime of criminal storage of a firearm and, upon conviction, shall be fined not more than one thousand dollars ($1,000) or imprisoned for not more than one year, or both. For purposes of this section, a "child" is defined as any person who has not attained the age of sixteen (16) years.

    (c) The provisions of subsection (b) of this section shall not apply whenever any of the following occurs:

    (1) The child obtains the firearm as a result of an illegal entry of any premises by any person or an illegal taking of the firearm from the premises of the owner without permission of the owner;

    (2) The firearm is kept in a locked container or in a location which a reasonable person would believe to be secured;

    (3) The firearm is carried on the person or within such a close proximity so that the individual can readily retrieve and use the firearm as if carried on the person;

    (4) The firearm is locked with a locking device;

    (5) The child obtains or obtains and discharges the firearm in a lawful act of self-defense or defense of another person;

    (6) The person who keeps a loaded firearm on any premises which is under his or her custody or control has no reasonable expectations, based on objective facts and circumstances, that a child is likely to be present on the premises.

    (d)

    (1) If the person who allegedly violated this section is the parent or guardian of a child who is injured or who dies as the result of an accidental shooting, the attorney general's department shall consider among other factors, the impact of the injury or death on the person who has allegedly violated this section when deciding whether to prosecute an alleged violation.

    (2) It is the intent of the general assembly that a parent or guardian of a child who is injured or who dies of an accidental shooting shall be prosecuted only in those instances in which the parent or guardian behaved in a grossly negligent manner.

  3. #3
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    Default Re: Can You Be Charged With Child Endangerment for Having Weapons in a Locked Contain

    When you first posted about your situation, the man you were living with was described as your husband. Now he's a boyfriend?
    Thank you for replying.

    This is the first time posting on this site. I also said nothing about a husband. Are you sure you read my posting?

    So you are saying because my child did not get access and kill someone that I could not be charged with child endangerment?

  4. #4
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    Default Re: Can You Be Charged With Child Endangerment for Having Weapons in a Locked Contain

    Mr. Knowitall , I agree with you about this situation being familiar. I thought the same thing when I read it.

    I think that the concerns stems from the active investigation involving child porn/child exploitation, more so than the guns. The FBI doesn't just raid a home for no reason. If you honestly think that your boyfriend is a fine upstanding person, then it might be in your childs best interest to be taken away from you until you are able to see things clearly. I had a very bad feeling as I read what you wrote about your boyfriend and your son. You are putting your boyfriend before the safety and well being of your son.

  5. #5
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    Default Re: Can You Be Charged With Child Endangerment for Having Weapons in a Locked Contain

    Quote Quoting annad0910
    View Post
    This is the first time posting on this site. I also said nothing about a husband. Are you sure you read my posting?
    Here's your other thread. Don't make yourself more of a liar by pretending that it's not you.
    Quote Quoting annad0910
    So you are saying because my child did not get access and kill someone that I could not be charged with child endangerment?
    No, very obviously that is not what I said.

  6. #6
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    Default Re: Can You Be Charged With Child Endangerment for Having Weapons in a Locked Contain

    I guess I see why you would assume that, as that does sound eerily like the situation I am in. Almost to a T. Its also strange that it happened in the same state, involved the FBI, he had a daughter taken from him two years ago also, and she was blindsided, as I was, by what was really happening and what the real investigation was about, but I can assure you that is not me, and I can also assure you that I am not married. if it wasn't against the law on this site I would give you my name so you could verify that!

    Are you serious, how could you say I am putting my boyfriend first ahead of the safety of my son?? As soon as this happened I packed up my child and myself and went to my mothers house, and also because it was ordered to keep my son away from my boyfriend, and I would do anything in my power to make sure my son is never taken from me and handed over to a {donor} he has never known. My son is fine, he is not in harms way, he is the happiest [soon to be] 7 year old I know. He goes to school, he gets good grades, we do homework, build legos, play, eat and read every night together. I have tried to keep things just as they were in our home, but in my mothers home now. He is safe, he will always be safe.

    Everything that has happened has completely just taken me through a loop. It is just all unreal. I understand this happens to families and I can understand what they go through. This has been very traumatic to me and my family. All I am doing is asking for help just as that other lady was, but I am more concerned about the custody of my child, as I am petrified that I will end up going down myself [because of the weapons, because my son shot one with my boyfriend, and because they were laying in the living room again in LOCKED containers] as I brought my child into a situation I was never aware of! I obviously do not know the laws that well and was hoping that I would find someone who was nice enough to read my situation and give me some options.

  7. #7
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    Default Re: Can You Be Charged With Child Endangerment for Having Weapons in a Locked Contain

    It sounds like your situation because you're the same person who posted the other thread. If you're not going to be honest here, we can't help you -- we only know what you say about your situation and anything we suggest based on your false statements can render suggestions inaccurate or even counter-productive.

    Is there a question you have, beyond the presence of firearms in locked, portable gun safes?
    Quote Quoting Mr. Knowitall
    View Post
    If your question is, in fact, whether you're going to face child endangerment charges for having a firearm locked in a portable gun safe, where the gun safe was accessible to your child but he had no way of getting into the gun safe to actually obtain the firearm, that's not at all likely.

  8. #8
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    Feb 2016
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    Default Re: Can You Be Charged With Child Endangerment for Having Weapons in a Locked Contain

    What do you not get? We are not the same people. I called a lawyers office, got a free consult with him, and he said at this present time I do not need a lawyer, but to keep my son away from my boyfriend, as I have been doing. When it all blows over and clears up, if it ever does, to contact him to go forward with full custody of my son.

    thanks anyways!

  9. #9
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    Default Re: Can You Be Charged With Child Endangerment for Having Weapons in a Locked Contain

    If you want to start a thread to discuss your custody case, I suggest doing so -- but you don't need to create a third username. You can post under one of the two you have already created.

  10. #10
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    Default Re: Can You Be Charged With Child Endangerment for Having Weapons in a Locked Contain

    " I sleep in my home with my boyfriend every other night. I continue to maintain our home."

    Where there's smoke, there's fire. The FBI doesn't just do raids because they "think" there might be something there. The fact that you are still with this guy after everything that has happened says that you're putting him before your son. If they hadn't told you they would take your son, you would have stayed in the home with the boyfriend. The friend that stayed there shows that your boyfriend doesn't surround himself with law abiding citizens. And why on earth would anyone put the password to their internet on their refrigerator for everyone to see ? Everything that everyone does on your computer is being done in the home that your child lives in. It is not in your child's best interest to be that native or that stupid. It is common for children to lie about things like this. The abuser threatens them and/or those they love if they tell anyone. They also make the child feel responsible, ashamed and embarrassed. It is also common for people like this to have a life that involves children, eithers their own or someone elses.

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