Carrying around felon friends/relatives

[rfs2005]

I'll be getting my CHL soon, and there is one issue that I have been pondering, but not been able to find a straight answer to. My father is a convicted felon, and is therefore prohibited from possessing a firearm. If I am legally carrying and he is with me, should something go wrong (stopped by LEO or who knows what else), could he be accused of possessing the gun, even though it was "on or about my person"? The main reason why I ask this is because he is still on probation of the offense. As part of the probation he is polygraphed regularly. One question they always ask him is "Have you done anything to violate the conditions of your probation?" I don't want to cause issues for him because I was carrying around him. He is very diligent about making sure he abides by all of the conditions, and is sure to avoid any situations where it could even be construed that he is violating any of them. For example, I carry legally concealed in my car all the time, and he will never go in or around my car, just to be on the safe side. One thing that might be worth mentioning is that his probation officer has allowed him to keep guns in his home. They all belong to me, and they are all stored in a locked safe that he does not know the combo to. I live in a small apartment, and have no room for the safe.

Have any of y'all ever been in this same situation (carrying while with a convicted felon)?

[WildBill]

Have any of y'all ever been in this same situation (carrying while with a convicted felon)?

Welcome to the forum rfs2005. IANAL or LEO, so I don't have any experience with parole or probation. I have never been in this situation, but nothing you have posted sets off any alarm bells for me.

[C-dub]

One thing that might be worth mentioning is that his probation officer has allowed him to keep guns in his home.

First, I read this and thought, WHAT?!

Then I read this and calmed down.

They all belong to me, and they are all stored in a locked safe that he does not know the combo to. I live in a small apartment, and have no room for the safe.

I also think you and your dad are okay. The fact that your dad's probation officer allows the above is a good indication. It's a technicality, but if it is on your body then he is not in possession and nor is it accessible to him. If it's in the center console or glove box I think that would be a BIG no-no if he were also in the car.

[rfs2005]

One thing that might be worth mentioning is that his probation officer has allowed him to keep guns in his home.

First, I read this and thought, WHAT?!

Then I read this and calmed down.

They all belong to me, and they are all stored in a locked safe that he does not know the combo to. I live in a small apartment, and have no room for the safe.

I also think you and your dad are okay. The fact that your dad's probation officer allows the above is a good indication. It's a technicality, but if it is on your body then he is not in possession and nor is it accessible to him. If it's in the center console or glove box I think that would be a BIG no-no if he were also in the car.

I didn't expect his PO to allow it, but as long as I complied with their stipulations, they were okay with it. His offense was non-violent, and I'm sure that factored in as well. Just for my dad's own peace of mind, he has me close and lock the door to the "safe room" whenever I open the safe, and he goes to another room in the house whenever I take the guns out and put them up.

It seems that as long as the gun is in my control (on my person, attached via holster), then there is not an issue. We are going to double check with the PO just to be safe.

Thanks for the replies.

[C-dub]

It seems that as long as the gun is in my control (on my person, attached via holster), then there is not an issue. We are going to double check with the PO just to be safe.

Thanks for the replies.

I was thinking about suggesting that, but wasn't sure what your comfort level with the PO was.

[Jim Beaux]

I would ask the PO to give written authorization to store the safe at your father's residence. If not, I would store the safe elsewhere. It is very easy (and fast) to lose probation/parole.

[Jumping Frog]

He is fine from the viewpoint that he is not committing a new crime. However, violating probation is completely dependent upon the terms of his probation. Thus, I agree with checking with his P.O. and getting the answer in writing.

[RPBrown]

I posted a similar situation several months ago and can only give you the outcome of that. A short lead in is that my brother in law had been in prison for about 13 months on a 2 year sentance and was getting out on parole. Because my wife is the only family he has, there was no place else for him to go so we were going to take him in. I was concerned that me having weapons in a safe and out of his control would be a violation of his parole so I contacted teh parole office and asked. I was told it should be okay but was up to the individual parole officer.

Fast forward to last month---On the 2nd, the PO did a home visit/inspection prior to my BIL release and I asked him. He wanted to see the safe, asked several times about access and me carrying on my person and then gave his blessing. He stated that as long as he has no "immediate" access he was fine. I asked him to define immediate access and he said as long as they were in the safe and he does not have the combination, or if i were carrying that I kept it on my body and not in the glove box or console he would be okay. I did have him to write it up as such and give me a letter stating as such.

On the 20th. the BIL was released, moved in with us and has been clean and sober since. The PO has done another home inspection and all was well. He did tell us that if he ever had another PO do a home visit besides him, to show him/her the letter. It would be up to the new PO if they would allow but the letter would get him by then. Usually they dont switch around but it does happen from time to time.

Now you know what I know--just my .02

[TexasCajun]

I would think that this would fit into one of those "concealed is concealed" situations. Keep your weapon on you & hidden. And remember the rules of CHL: The 1st rule of CHL is don't talk about CHL, the 2nd rule of CHL is don't talk about CHL (unless it's on an internet forum board). I guess you could also have your dad do a Clinton: Don't ask, don't tell....

[C-dub]

I don't have any experience in this area, but if a PO were to start asking questions about firearms in the house I wouldn't lie to them. It may get you and the parolee into more trouble.

[TexasCajun]

I meant when carrying around the op's dad. Definitely inform the PO.

[2farnorth]

I work with two reformed felons. One is really a good guy that made a bad decision a few years ago. The other...we'll see, but he seems to be okay. They have no idea that I carry and they never will unless something bad happens.

[TexasGal]

I have had a family member on a misdemeanor probation without any jail time. The conditions of his probation forbid guns in the house and car no matter how they were stored or who they belonged to until it was completed. A lengthy discussion with his lawyer outlined the importance of toeing the mark on this in that particular jurisdiction. Yours sounds more lenient, but as others have advised, you should clear this with the PO and it would be wise to have the answer in writing confirming it is the last word on it. I'd keep that official document handy when driving with him in the car just in case. You don't want to explain empty handed to an officer the felon on probation in the car with you can't get hold of the gun on your hip right next to him. Of course, this isn't legal advice. It's worth about what you paid for it