owning a handgun and having a felon in the house.
 

A friend of mine is wanting to get a handgun permit and a handgun. She asked if i would go to the store and help her buy one. I asked her why she did not have her boyfriend. She said he has to felony duis on his record. Which got me thinking a felon can not own a gun or carry one. So can she buy one or carry one with him living in the house.
I was in ky and know a felon who was looking at 10 years because he looked at a buddys 9mm and unloaded then reloaded the gun when he handled it. The buddy got arrested and the felon got in trouble for having his fingerprints on the gun.
Of coarse she does not want to get him in trouble. So i told her to call the state police or a lawyer. But thought i would ask you.

RE: owning a handgun and having a felon in the house.
 

she better be careful , if they live in the same house it could be missinterpretted by law enforcement as a possible straw purchase.

please understand , i'm not saying that it is a straw purchase , just that it could be taken that way by law enforcement

RE: owning a handgun and having a felon in the house.
 

True i did not think of that. She wants to get her conceal carry permit and a gun because she works till like 2 in the morning and goes to college till like 10 at night and lives in indy. I guest they can interpret it how they want but proving it would be another question.

RE: owning a handgun and having a felon in the house.
 

I had a friend get in a crash speeding and killed two people, he two counts of vehicular manslaughter, a fellony charge on his record and a year in jail. Before he was release his father had to get rid of all his guns so my friend could move back into the house. I don't think you can have one in the same household.

RE: owning a handgun and having a felon in the house.
 

seems like bullsh*t to me. I am going to tell him to try and get his rights back. not like he shot someone but i doubt it would happen.

RE: owning a handgun and having a felon in the house.
 

Yes, she can. His disability is not hers!

RE: owning a handgun and having a felon in the house.
 

Call the police and find out. She may be able to have one but IF a crime was commited and he got his hands on a gun that was hers she would be liable as well. If she keeps it secure then she would be okay. But if it is her boyfriend you know how that goes. Call the authorities and get the right answer.

RE: owning a handgun and having a felon in the house.
 

Her gun, not his, pretty simple.

I believeI read somewhere that if a felon was to use a gun to protect themself or the family say in a home burglary it wouldn't be viewed as illegal possesion of a firearm by a felon...

Which really would just require common sense of the prosecutor, though that seems to be lacking these days when it comes to criminal charges. Lawyers prosecuting victims etc...

When's the NRA gonna help out these people... white collar, non-violent, non-weapon related felons get their gun rights back?

RE: owning a handgun and having a felon in the house.
 

well he had two duis not like e shot someone.

RE: owning a handgun and having a felon in the house.
 

You sure it's not more to it than that? DUI's at least here usually aren't felonies. I think they should be as I know several guys that own guns and have had DUI's and they really should probably not be a loud to own guns or do any of the other things felons cant. However, they still aren't felons.

RE: owning a handgun and having a felon in the house.
 

I was married to a felon for 3 years back in 2000 (wow what a ride that was) anyway we asked her PO and was told as long as the guns were locked up when I was gone and she never had possession of them it was ok for me to have my guns including my ruger redhawk 44

RE: owning a handgun and having a felon in the house.
 

My brother had a Felony and his wife had a handgun. He was not sposed to be around them....period. He could not even go the shooting range with us. No way, no how.So, if Five-O walks in, she will be OK but he will be in deep doodoo. The way I look at it, if the guy has 2 DUIs, (as far as we know) he has a drinking problem and a gun in the house is never a good idea. Alcohol+Firearms=Bad Juju.

RE: owning a handgun and having a felon in the house.
 

I remember hearing ont he news hear not too long ago that they changed the law and made your 3rd or 5th DUI a felony...

Whichever it was I was like, you might as well make it your 20th DUI a felony...you have to work pretty hard at it to get 5 DUI's if you ask me, even 3 is pretty tough, though I know tons of people have 1 or 2. Really after your 1st I think it should light a fire under your arse...


There are plenty of felons who are the made 1 mistake types, way back in the day, etc... who are probably much more responsible gun owning types if they had that option, and many non-felons who really shouldn't own a firearm.

Many laws arepretty goofy, wonder ifany of thesewill change in my lifetime.

I mean who really has a problem with Martha Stewart owning a firearm?

RE: owning a handgun and having a felon in the house.
 

I think one time should be a felony if you are clearly impaired. My parents former neighbor is serving 15 years for 2 counts of vehicular manslaughter and DWI because he got drunk and drove. It was his first offense (that he got caught, at least), and it cost two people their lives. It also caused his family to lose their house and his wife divorced him. Maybe if the first offense DWI was more than just a slap on the wrist (which it is in most states) and would result in doing some real time, people like him would seriously reconsider their decision to drive drunk. But I digress...

I think the best advice would be to suggest to her that she formally seek legal council on the issue from someone knowledgeable in your states laws on this topic. Possible resources she might call upon would be the local county/district attorney, the state Attorney General's office, State Police, a local law enforcement officer (preferably of supervisory rank) or even her boyfriends parole officer. Any of them should be able to give her an authoritative answer, or refer her to someone who can.

I also think that good advice for her, since he's not her husband after all, would be to simply have him move out. I would think that this issue is but one detrimental effect of living with a convicted felon. It might be in her best interest to reconsider her relationship altogether with this guy. The fact is that his presence and the presence of a gun could potentially get both parties in trouble. If he winds up getting busted for felon in possession of a weapon that's hers, I would think that unless she can PROVE that she took active steps to prevent him from possessing that weapon, she could be charged for making it available. Again, this is a question for a legal authority in your state.

Mike

RE: owning a handgun and having a felon in the house.
 

I think think 1 dui is to much. But i had wife killed by a drunk driver.
I say the guy or anybody that gets more than 1 dui should be a felon
and not a gun in his house or any other privleges. looks like most states
if he is on parole or probation no gun in house he lives in.

RE: owning a handgun and having a felon in the house.
 

As a LEO I can assure you there are plenty of people with more than 2 or 3 DUI's. It is not very hard for someone with an alcohol problem to get multiple DUI's and rack them up pretty quick.

RE: owning a handgun and having a felon in the house.
 

I talked with him today it is only one felony a dui from 10 years ago. I do not think he drinks now but still a good point

RE: owning a handgun and having a felon in the house.
 

I agree i knew a guy who got one a week later got another bad thing court date was the same on both. hate to have seen the judges face. I will not drink a beer or drive. I will not drink a single drink and go hunting. Heck i will not drink more then a beer or to and go hunting the next day.

RE: owning a handgun and having a felon in the house.
 

Someone I work with got a DUI, and exactly two weeks later she got another one. I think it was the same arresting officer, but i can't be sure.

RE: owning a handgun and having a felon in the house.
 

As a LEO I can assure you there are plenty of people with more than 2 or 3 DUI's. It is not very hard for someone with an alcohol problem to get multiple DUI's and rack them up pretty quick.

The police start to recognize vehicles. Habitual offenders, be it domestic disputes or drunk driving or drug possession tend to become known.

And, as far as the firearm...legally it might be hers. Up until the police decide there's a reason to talk to him. The officers involved set the rules of the game long before the prosecutor, and their statements become reality. They can decide he was "in possession" of it because it was in the same room in a locked safe, or upstairs in an unlocked cabinet, or that he failed to cooperate. He's on the radar now, and it will come down to how reasonable the police he deals with are.

RE: owning a handgun and having a felon in the house.
 

It is possible for a felon to get his gun rights back. It is called a Certificate of Relief from Disabilities, and can be issued by the Court where the conviction took place. An attorney can assist in the preparation and submission of the documents required to get one.

RE: owning a handgun and having a felon in the house.
 

I dont normally get riled up over stuff like this but there has to be more to the story of one DUI 10 years ago resulting in a felony. I got a DUI in 1992 in the state of California of all states and it was not a felony.Less thanyear later my fience was hit and killed by a drunk driver. I am greatfull I didnt take anybodies life the day I got my DUI. It goes unsaid that I do not drink & drive any more. I dont even drink anymore, and thats on my ma may she RIP. I have no tolerance for drunk drivers and you may think im hypocritical but as I said....I dont drink anymore, AT ALL. No wine for holidays, nuthin. Now this guy may be a nice guy and he may not drink anymore but I dont think he should have the FELONY DUI striked from his record. Hmmmmm, felony? There has got to more to the story. Vehicular Manslaughter? I dont buy that the penalty for his first DUI is a felony. Did he do any jail time? Also, what in gods name does being a LEO have anything to do with this subject? My son is a Leo and are you trying to say he is going to be an alchololic and drink and drive or hang with the wrong crowd or are you saying that since your a Leo youhave more access to public records?I dont get it. Being a Leo has nothing to do with this......:eek:Ok, my blood pressure is going up so I gotta bow out of this thread before I offend somebody.

RE: owning a handgun and having a felon in the house.
 

Let me start off by saying I'm sorry to hear that you lost your fiance to a drunk driver.

Now to your question about my post:

I think you do need to calm down and read my post again.;) No where in my post did I state that being a LEO will lead to drinking problems or any other problems for that matter.

I simply stated that it is not very hard to get multiple DUI convictionswhensomeone has a drinking problem.My postwas in response to salukipv1 who stated it was "pretty tough" to get 3 or more DUI's.

I agree with you on one point though......it would seem to me there is more to the story than just 2 DUI convictions.

Once again, sorry for your loss.

RE: owning a handgun and having a felon in the house.
 

I understand your point, and can see how problem drinkers can get multiple. I think more to my point was after 1 or 2 they learn/know how to beat them. A family friend, a lawyer essentially told me that after these guys get 2 or 3, they know what to do, so while they may get pulled over/arrested for more DUI's they don't get convicted of more.

I've talked to people before who said "oh ya he/she got a dui....or oh ya I got a dui...", then they story progresses and you find out they got pulled over/arrested for a dui, went to court, and beat it. Which to me means you did not get a DUI.

RE: owning a handgun and having a felon in the house.
 

As a Law Enforcement Officer, I am sure you see your fair share of DUIs. Some folks just dont learn.Thanks for your kind words. Didnt mean to offend you, some buttons just get pushed all by themselves. I have heard of horror stories about folks getting their 5th & 6th DUI and even more. How does this happen? Lock em up and throw away the key.

RE: owning a handgun and having a felon in the house.
 

You have a point....people learn how to manipulate the system.

RE: owning a handgun and having a felon in the house.
 

I am also a LEO, and in my state possession = knowledge it's there + the ability to control it. I sat in a courtroom yesterday and saw a man convicted of dope possession even thought the wife testified it was hers. Unless the gun is locked up in a safe and he does not have access, it does not need to be in the house. I suggest he get an attorney and petition the court for an exemption to thefirearmspossession prohibition.