New guy needs help/advice with search

[GreenPanther]

^^Good post

 

[Creeper]

My brother is a felon and he's not even allowed NEAR a firearm let alone own or shoot one anywhere.

 

[oxbat]

So the wife is having her right to defend herself deprived because of the fear of his legal status? Guilty by location? Just curious.

 

[Laxguy59]

So the wife is having her right to defend herself deprived because of the fear of his legal status? Guilty by location? Just curious.

Yes, if you domicile with a felon you can't keep a gun in the home.

 

[Hasselhoss]

Yes, if you domicile with a felon you can't keep a gun in the home.

Can you cite laws supporting this? My understanding is that as long as the non-felon owner of the firearm keeps positive control over the firearm they are legal. That assumes that the Felton in question doesn't have a stipulation in their release or parole preventing them from living in a home with a firearm present.

 

[oxbat]

Yes, if you domicile with a felon you can't keep a gun in the home.

WOW, so one can shack up with or marry a felon, as long as they give up their Constitutional Rights. Interesting. Learn something new everyday.

 

[Laxguy59]

Can you cite laws supporting this? My understanding is that as long as the non-felon owner of the firearm keeps positive control over the firearm they are legal. That assumes that the Felton in question doesn't have a stipulation in their release or parole preventing them from living in a home with a firearm present.

Just an opinion
There is constructive possession, I'll try and find it. Theoretically you could have your own safe that the felon had no keys to.

 

[Laxguy59]

Just a little exerpt from the ALR

most commonly those scenarios where the accused was one of several occupants in a vehicle or residence and is being charged with some possessory crime for a firearm found in that car or house. Some courts require that to establish constructive possession, the state must show that the firearm was accessible to the defendant or was within an area under the control of the defendant. However, the majority of courts require that the state show that the defendant had knowledge of and dominion and control over the firearm, or, as in Henderson v. State, 715 N.E.2d 833, 8 A.L.R.5th 727 (Ind. 1999), that the defendant had knowledge of and an intent and an ability to exercise dominion and control over the contraband. One's proximity to a firearm, one's involvement in a joint criminal activity of which possession of that firearm is a part, or a gun's location in plain view of the defendant all may serve to establish one or more of these requisite elements of constructive possession, as the following annotation illustrates.

88 A.L.R.5th 121 (Originally published in 2001)

From what I understand this also includes ammunition

So while you can have a gun, you can't have it around your spouse, you have to lock it and the ammo up in the home and your spouse can't know about it, and you have to trust your DA's and hometown juries to see it the way you do.

 

[oxbat]

Sorry to hijack your thread Blade, but I'm intrigued with the conversation. Hypothetically ...If said wife possessed a carry permit before /during said husbands incarceration , would she have to relinquish this right upon his return home?

 

[Laxguy59]

Sorry to hijack your thread Blade, but I'm intrigued with the conversation. Hypothetically ...If said wife possessed a carry permit before /during said husbands incarceration , would she have to relinquish this right upon his return home?

That's iffy, like I said it depends on how constructive possession is looked at and how a jury may decide on it.

Does the husband have the ability to possess any of her weapons? if they go out together and she carries, does a gun in plain view and close proximity to him in the same car mean he has adequate knowledge and ability to posses the firearms? I'd have to do some case law research, but I wouldn't live with a felon and have a gun out of the safe when he/she is home and I would be very wary about being in a car them and a gun at the same time period.