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My wifes brother is getting out of Prison. What is the law in regards to me having a concealed weapon around him? What if we get pulled over and he is in the car and I have a CCW on me? I know he can't have one, hold one etc.. but am I OK having one when he is with me? Just want to stay on the right side of the law. Thanks..

pcgizzmo,
What if you're at a party or social event and there happens to be a felon there? Can you be arrested due to proximity? No.
In your car, if its on your person, neither of you has anything to worry about short of a stern lecture.

And the law address the felon. Not the other person.

Ok. Just wanted to check. Thanks

About a year and half ago, a friend of mine got out of prison. Till he could get a place, he stayed with me for about 3 weeks. The stipulation was I could have no weapons or ammo in the house. Since he has moved out, I don't have to comply with that any longer. I just need to be sure he cannot get to it. And if I'm wearing and its concealed, he can't.

rayj8524 wrote:About a year and half ago, a friend of mine got out of prison. Till he could get a place, he stayed with me for about 3 weeks. The stipulation was I could have no weapons or ammo in the house. Since he has moved out, I don't have to comply with that any longer. I just need to be sure he cannot get to it. And if I'm wearing and its concealed, he can't.

To whom was the stipulation? Who said you could not have weapons or ammo in the house? What would have been the consequence for you had you not complied?

Just curious if this was a stipulation on him for parole to let him stay there

I guess it depends on the PO. We had a friend stay with us for a few months when he got out. We met the PO and informed him we had guns but they were kept locked in a safe when not on our person. He came for a home visit prior to my friends release and said it was fine as long as they stayed locked up.

The stipulation is the felon can't have possession of a firearm. This means you must be in control of all firearms. A CHL is in control when the pistol is on their person. At home, if they are all locked up and the felon cannot gain access to them with a combination or key, then they can't be in possession. In your vehicle, if you have a firearm they cannot be in the vehicle alone without you in control of the firearm.

In general terms:

A parolee serves the balance of his sentence outside of prison. He is not free and lives a restricted existence. He is under the jurisdiction of the state and can be returned to prison in the blink of an eye. The conditions of his parole are his responsibility. The DOC has no jurisdiction over the public unless they are on prison premises.

Here's something interesting. An article in the Daily Caller concerning constructive possession of a firearm with a felon living in your house. The theory is that if you have a felon living in your house you could be charged with providing a prohibited item to a felon even if the weapons are secured. The Daily Caller:

If you can’t prove that your security measures are satisfactory — to BATFE’s unwritten standards – you become a felon for providing contraband to a prohibited person. Even if they never touch anything.

Even a single round of ammo out in the open would put the prohibited person in violation of ‘proximity to guns or ammo’ (a red-tape concoction that is a long stretch from the law as passed, which talks about “possession”). This is the same standard they use for drug busts, technically called “constructive possession,” enabling them to arrest everyone in a house where drugs are found (or planted). Courts have backed up this method completely.

Read more: http://dailycaller.com/2014/04/17/korwi ... z2zkQvguKH" onclick="window.open(this.href);return false;

SC1903A3 wrote:Here's something interesting. An article in the Daily Caller concerning constructive possession of a firearm with a felon living in your house. The theory is that if you have a felon living in your house you could be charged with providing a prohibited item to a felon even if the weapons are secured. The Daily Caller:

If you can’t prove that your security measures are satisfactory — to BATFE’s unwritten standards – you become a felon for providing contraband to a prohibited person. Even if they never touch anything.

Even a single round of ammo out in the open would put the prohibited person in violation of ‘proximity to guns or ammo’ (a red-tape concoction that is a long stretch from the law as passed, which talks about “possession”). This is the same standard they use for drug busts, technically called “constructive possession,” enabling them to arrest everyone in a house where drugs are found (or planted). Courts have backed up this method completely.

Read more: http://dailycaller.com/2014/04/17/korwi ... z2zkQvguKH" onclick="window.open(this.href);return false;

Constructive possession is a possibility, and it does happen. Knowledge & ability to exert dominion and control if I remember right. I think it would be interesting to stretch that to someone carrying.

If a felon Lived with you and knew that you kept a gun in your sock drawer and there was nothing to prevent him from accessing the weapon, that would probably be constructive possession. That is why doc is pretty strict about telling felons they can't be in a home with guns.

SC1903A3 wrote:Here's something interesting. An article in the Daily Caller concerning constructive possession of a firearm with a felon living in your house. The theory is that if you have a felon living in your house you could be charged with providing a prohibited item to a felon even if the weapons are secured. The Daily Caller:

If you can’t prove that your security measures are satisfactory — to BATFE’s unwritten standards – you become a felon for providing contraband to a prohibited person. Even if they never touch anything.

Even a single round of ammo out in the open would put the prohibited person in violation of ‘proximity to guns or ammo’ (a red-tape concoction that is a long stretch from the law as passed, which talks about “possession”). This is the same standard they use for drug busts, technically called “constructive possession,” enabling them to arrest everyone in a house where drugs are found (or planted). Courts have backed up this method completely.

Read more: http://dailycaller.com/2014/04/17/korwi ... z2zkQvguKH" onclick="window.open(this.href);return false;

It is not unlawful for ME to have a gun in my house if I am not prohibited. It is not unlawful for ME to have guns in my house if a prohibited person enters my house, even if that puts him in constructive possession. It is unlawful for me to transfer, sell, or dispose of a firearm to a prohibited person.

Well, I knew this would come up.

My wife told me tonight that my father in law has taken all of his guns from the house and they told me that I can't bring my gun to Oklahoma when my wife and I come down because his probation officer stated my wife's brother can't even be around guns much less possess one.

I told my wife that I am not the one that went to prison so it makes no sense I should need to give up a right that I have because he made a mistake. She actually understands but says we don't need to do anything that will get him in trouble.

So, what am I to do? I carry when I go to Oklahoma to visit her family and up until the time he got out of prison I stored the gun in my suitcase at their house. They have no gun safe. I could lock it in my car but I'm not sure that would satisfy the criteria. This law is kind of vague because what if he were to visit someone that had guns? In theory if they aren't locked in a safe they can get in trouble because he's a felon. Is he supposed to question everyone he visits about their guns?

Also, we have no kids and it's just me an my wife so I keep a gun under my night stand. What if he comes to visit? Now, I need to lock it in a safe that isn't in my room so if I need it in the middle of the night I have to walk across the house to get it?

To top it off my mother in law is totally against guns so she is just going to use this to badger me into not carrying/bringing my gun at all while I am in Oklahoma. I'll be if I'm going to get rid of the guns in my house if she things I need to do that and he's coming to visit. They can just stay in Oklahoma if it comes to that.

Frustrated.

pcgizzmo wrote:Well, I knew this would come up.

My wife told me tonight that my father in law has taken all of his guns from the house and they told me that I can't bring my gun to Oklahoma when my wife and I come down because his probation officer stated my wife's brother can't even be around guns much less possess one.

I told my wife that I am not the one that went to prison so it makes no sense I should need to give up a right that I have because he made a mistake. She actually understands but says we don't need to do anything that will get him in trouble.

So, what am I to do? I carry when I go to Oklahoma to visit her family and up until the time he got out of prison I stored the gun in my suitcase at their house. They have no gun safe. I could lock it in my car but I'm not sure that would satisfy the criteria. This law is kind of vague because what if he were to visit someone that had guns? In theory if they aren't locked in a safe they can get in trouble because he's a felon. Is he supposed to question everyone he visits about their guns?

Also, we have no kids and it's just me an my wife so I keep a gun under my night stand. What if he comes to visit? Now, I need to lock it in a safe that isn't in my room so if I need it in the middle of the night I have to walk across the house to get it?

To top it off my mother in law is totally against guns so she is just going to use this to badger me into not carrying/bringing my gun at all while I am in Oklahoma. I'll be if I'm going to get rid of the guns in my house if she things I need to do that and he's coming to visit. They can just stay in Oklahoma if it comes to that.

Frustrated.

Sounds to me like you have received verbal notice which means you can not legally carry in their house.

jmra wrote:

pcgizzmo wrote:Well, I knew this would come up.

My wife told me tonight that my father in law has taken all of his guns from the house and they told me that I can't bring my gun to Oklahoma when my wife and I come down because his probation officer stated my wife's brother can't even be around guns much less possess one.

I told my wife that I am not the one that went to prison so it makes no sense I should need to give up a right that I have because he made a mistake. She actually understands but says we don't need to do anything that will get him in trouble.

So, what am I to do? I carry when I go to Oklahoma to visit her family and up until the time he got out of prison I stored the gun in my suitcase at their house. They have no gun safe. I could lock it in my car but I'm not sure that would satisfy the criteria. This law is kind of vague because what if he were to visit someone that had guns? In theory if they aren't locked in a safe they can get in trouble because he's a felon. Is he supposed to question everyone he visits about their guns?

Also, we have no kids and it's just me an my wife so I keep a gun under my night stand. What if he comes to visit? Now, I need to lock it in a safe that isn't in my room so if I need it in the middle of the night I have to walk across the house to get it?

To top it off my mother in law is totally against guns so she is just going to use this to badger me into not carrying/bringing my gun at all while I am in Oklahoma. I'll be if I'm going to get rid of the guns in my house if she things I need to do that and he's coming to visit. They can just stay in Oklahoma if it comes to that.

Frustrated.

Sounds to me like you have received verbal notice which means you can not legally carry in their house.

Only from my wife which she doesn't have the legal ability to tell me not to bring a gun in their house. I haven't actually spoke to my mother in law. I'm more concerned about the bigger picture of if I do take it into their house is her brother at risk if I'm storing it in my suitcase? If I think logically the odds of anyone raiding the house while we are there are not not high but I don't intentionally go around breaking the law just because I know I can get away with it either. They are an upper middle class family and I'm hoping he keeps his nose clean but there is a chance I suppose that he could mess up again and the police could come to the house while I'm there even though that chance is small.