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  1. #1
    Join Date
    Oct 2008
    Location
    California
    Posts
    4

    Question Felon with a Firearm in the House

    My question involves criminal law for the state of: california

    so my question is: Can the felons I live with get in trouble for me having a shotgun in the house? I currently share a home with two people whom happen to be felons. Because of their past they've made a few enemies and my house has been broken into before while I was home alone. For my protection id like to get a gun. I was told because im not yet 21 that I can't get a pistol and really the only gun I can get is a shotgun. So im in the process of getting this gun but then remembered I live with felons. Can they get in trouble for me owning a gun in a shared home? Neither of them are currently on parole or probation and have been out of trouble for the last 7 years. Id hate to get them busted for my mistake. And help? Thanks ~~~AMPd

  2. #2
    Join Date
    Mar 2005
    Location
    Michigan
    Posts
    28,906

    Default Re: Felon with a Firearm in the House

    If they do not have firearms rights due to their felony convictions, or if they are on probation or parole and are restricted in their access to firearms, they need to be very careful about living in the same house as somebody who owns a gun.

    Will they have access to the firearm? Do you intend to keep documentation proving that you purchased and own it?

  3. #3
    Join Date
    Oct 2008
    Location
    California
    Posts
    4

    Talking Re: Felon with a Firearm in the House

    Quote Quoting aaron
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    Will they have access to the firearm? Do you intend to keep documentation proving that you purchased and own it?
    I guess they would have access to the weapon since it would be kept in an unlocked room but they wouldn't openly be in contact with it. And I would of course keep all documentation stating the gun was mine and I'm even speaking with some of the local police that frequent my uncles dojo about shooting lessons and classes for proper gun care and storage. Its not like id leave it laying in the living room or anything.

  4. #4
    Join Date
    Sep 2005
    Location
    California
    Posts
    20,594

    Default Re: Felon with a Firearm in the House

    Quote Quoting AMPd
    View Post
    so my question is: Can the felons I live with get in trouble for me having a shotgun in the house?
    Unless it is kept in a locked closet or gunsafe and it can be shown that the felons do not have the means to get into it, yes, they can get arrested for it.

    I currently share a home with two people whom happen to be felons.
    That may require sacrifices on your part if you want them to remain.

    Can they get in trouble for me owning a gun in a shared home? Neither of them are currently on parole or probation and have been out of trouble for the last 7 years. Id hate to get them busted for my mistake. And help?
    Under CA state law, they cannot own or possess a firearm. If the police should ever come to your home and find that they had access to the weapon at all, they can be arrested.


    - Carl

  5. #5
    Join Date
    May 2006
    Location
    between here and there, but you can't here from there
    Posts
    547

    Default Re: Felon with a Firearm in the House

    Carl, doesn't the rule exclude noncommunal sections? Say for example the gun is located in the OP's bedroom where the other roomies are not permitted or have no access. Maybe the closet of the OP that is in his bedroom.

    Or, if the gun is in the OP's car, in the trunk.

  6. #6
    Join Date
    Sep 2005
    Location
    California
    Posts
    20,594

    Default Re: Felon with a Firearm in the House

    Quote Quoting zedex
    View Post
    Carl, doesn't the rule exclude noncommunal sections? Say for example the gun is located in the OP's bedroom where the other roomies are not permitted or have no access. Maybe the closet of the OP that is in his bedroom.

    Or, if the gun is in the OP's car, in the trunk.
    If the defendant has ready access to the room where the gun is, an argument can be made that he has access. A bedroom that is always locked when the owner is not inside would be better for the felon than a room that is always open.

    Hey, it's a chance that your felon friends might be willing to take. If they don't think the police will ever again have reason to deal with them, it may not be a problem. But, if they are still on probation or parole, they would be risking a great deal.

    - carl

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