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Was I wrong?

Posted: Fri Mar 09, 2007 1:07 am
by glocklvr
On a recent trip to elgin I was staying with my cousin who has long since been aware of my concealed carry and has no issues with it. His girlfriend who is a convicted felon (not sure what for had no desire to know) asked me to keep the gun out of the house when he made her aware of my secret and not having the money for a hotel I agreed. Being that they sleep with all doors and windows unlocked I was uncomfortable with the idea of being unarmed so without wanting to push issues any I just kept my gun concealed and at bed time I would take my suitcase into the bathroom and put my gun in it and set the lock combo 1 digit off and the bag was next to the couch I was sleeping on so the gun was always very much under my control. I will admit I felt a little guilty for such measures but felt my personal safety was worth the guilt. In the future I will make other overnight arrangements but was unable to on this trip. Was I wrong for my actions under the circumstances?

Posted: Fri Mar 09, 2007 1:23 am
by Will938
So long as its under your control...

Posted: Fri Mar 09, 2007 4:18 am
by KBCraig
Your issue of "guilt" seems to focus on your promise to be unarmed in their house, which you broke. That's an issue with you and your conscience, and only you can resolve that. Can't say I'd have done differently.

As for any risk to her, legally speaking, she is only at risk if she has actual or constructive possession of a firearm. "Constructive possession" includes knowing where she can have unimpeded access, by having a key or combination to access a firearm.

In the case you described, you didn't put her at any risk, so you can rest easy on that.

Kevin

Posted: Fri Mar 09, 2007 5:01 am
by glocklvr
I forgot to mention my cousin was aware of me being armed despite her request and he was ok with it so she was the only 1 who didn't know I still had the gun.

Posted: Fri Mar 09, 2007 7:38 am
by RPBrown
The only thing I can see that may be a problem is whose house is it, hers or his. If it belongs to her, it in fact could fall under effective verbal notification in which case a trespassing charge could be enforced IMHO.

Maybe TXI can shed some light on this as IANAL

Posted: Fri Mar 09, 2007 8:21 am
by longtooth
As long as she had no access to it you were fine. IMHO. Bathroom, couch, awake or aseep, if she could not get it in her hands you were OK.

Re: Was I wrong?

Posted: Fri Mar 09, 2007 9:13 am
by HankB
glocklvr wrote:On a recent trip to elgin I was staying with my cousin who has long since been aware of my concealed carry . . . His girlfriend . . . is a convicted felon . . . he made her aware of my secret . . .
Your "secret" isn't a "secret" any more.

I believe there's a lesson to be learned here, both about your cousin's ability to keep a secret (he can't!) and for the rest of us, who perhaps ought NOT share our CHL "secret" with people outside our immediate household.

Posted: Fri Mar 09, 2007 10:32 am
by txinvestigator
I see this as a moral and ethical issue, one to which I won't give my opinion.

Posted: Fri Mar 09, 2007 10:57 am
by kauboy
I see it as a very confusing issue. If he had no problem and its his house, your golden and she can't do anything about it. However, if you received verbal notice from her that she did not want a gun in her house, and it was indeed her house, you could be charged if she ever found out.

Legally speaking, if you are given notice on private property by the owner or someone to which the owner has vested authority in, you must comply.

Posted: Fri Mar 09, 2007 11:48 am
by casselthief
Don't associate with felons.
case closed...

:P

I think you did fine.

Posted: Fri Mar 09, 2007 1:33 pm
by glocklvr
Don't associate with felons.

:iagree: Had she not been associated with a family member that I am very close to I would not have had anything to do with her.

Posted: Fri Mar 09, 2007 2:17 pm
by stevie_d_64
I went round and round with this last year...

What I was told, that according to the law, and those who would enforce that law (whatever that may be), that as long as the "firearm" is under your direct control, (i.e.: holding it, holstered, open or concealed, in a house, in a car, etc etc) as long as YOU are legal to posess and carry said firearm, and make a resonable effort NOT to make it available to a felon...

You are fine...

A convicted felon, one who is doing their part to remain in compliance to the instructions given to them by the court (if still on parole, and being monitored) should know this is ok as well...Unless they ave been instructed incorrectly by their P.O. (which has been known to happen) thats why I pressed the issue last year when I was told by an ill-informed P.O. who somehow found out about "us" (wife, Dad and me) and our CHL's...

BTW, nobody outside that tight circle really knows about this, except y'all... :lol:

The information was gained through an investigation by the P.O. before the release of that family member...So they'll find out anyway...

As seems it usually goes...

Posted: Fri Mar 09, 2007 2:20 pm
by casselthief
glocklvr wrote:
RobbDawg wrote: Don't associate with felons.

:iagree: Had she not been associated with a family member that I am very close to I would not have had anything to do with her.
yeah, I was jus' kiddin' witcha. and I hear ya.
some of my IN-laws are real OUT-laws.

hahahahaahhhahahahahahahahahahahahahahahahahahahhahahahahaha
hahahahahahhahahahahahahahahahahhahahahahahahhahahahahhahaha

Posted: Fri Mar 09, 2007 3:04 pm
by hi-power
stevie_d_64 wrote:BTW, nobody outside that tight circle really knows about this, except y'all... :lol:
"We know nutheeng, nutheeeeng!"
Image

Seriously though, there are plenty of us forum members with court system experience because of family members...myself included. No biggie.

Posted: Fri Mar 09, 2007 10:32 pm
by casselthief
Klink rules! nicely done!