Legal question

[dralarms]

First let me say if this is in the wrong place, please move to the correct area.

My BIL is a felon, on parole.

My wife has to carry him to the Dr's tomorrow and I do not want her leaving the house without me and her gun (totally unprotected).

She does have her HCP, am I correct in telling her that as long as her gun is in her direct control and he is not allowed to touch it she is fine with carrying?

His conviction is non violent, got messed up with some kind of selling drugs (didn't ask).

His PO told him he cant be anywhere near a gun which I think is bull:poop: since if that were true I would have to remove all my firearms from my residence when he came to visit.

Please help me out on this one.

[Fallguy]

(Moved to Handgun Carry)

IANAL but I would think as long as she is direct control and keeps it on her person everything would be ok.

However if the weapon was in the center console of the car, in her purse close to him or in any other situation where he could get to it....then there could be trouble.

[dralarms]

(Moved to Handgun Carry)

IANAL but I would think as long as she is direct control and keeps it on her person everything would be ok.

However if the weapon was in the center console of the car, in her purse close to him or in any other situation where he could get to it....then there could be trouble.

in her pocket, in a holster.

Heck I like the guy but not sure I'd leave anything not tied down around him unsupervised.

[Guest Ggun]

First let me say if this is in the wrong place, please move to the correct area.

My BIL is a felon, on parole.

My wife has to carry him to the Dr's tomorrow and I do not want her leaving the house without me and her gun (totally unprotected).

She does have her HCP, am I correct in telling her that as long as her gun is in her direct control and he is not allowed to touch it she is fine with carrying?

His conviction is non violent, got messed up with some kind of selling drugs (didn't ask).

His PO told him he cant be anywhere near a gun which I think is bull:poop: since if that were true I would have to remove all my firearms from my residence when he came to visit.

Please help me out on this one.

Your wife has a HCP. Why wouldn't she be fine carrying her gun?

[TGO David]

This won't be a problem. She has the permit and has control of the firearm.

Think about it this way: Is your brother-in-law supposed to know what random strangers he passes in Wal-mart are carrying? He likely comes into close proximity with countless firearms and never realizes it. What the parole officer was warning is that he should not be caught in possession of a firearm. The PO just exaggerated quite a bit for impact, I'm sure. People do it all the time. People acting in official capacity are expected not to.

[dralarms]

Your wife has a HCP. Why wouldn't she be fine carrying her gun?

That's not what the PO told him. I told him the PO was full of

This won't be a problem. She has the permit and has control of the firearm.

Think about it this way: Is your brother-in-law supposed to know what random strangers he passes in Wal-mart are carrying? He likely comes into close proximity with countless firearms and never realizes it. What the parole officer was warning is that he should not be caught in possession of a firearm. The PO just exaggerated quite a bit for impact, I'm sure. People do it all the time. People acting in official capacity are expected not to.

You are correct.

[Guest Ggun]

That's not what the PO told him. I told him the PO was full of

You are correct.

Were yout there? I doubt the PO told him that SHE couldn't carry a handgun pursuant to her HCP. I'd speculate that the PO told him HE couldn't be around firearms. Now that he knows she and you have firearms he is acting contrary to what the PO told him, which puts him in jeopardy.

[Fallguy]

Were yout there? I doubt the PO told him that SHE couldn't carry a handgun pursuant to her HCP. I'd speculate that the PO told him HE couldn't be around firearms. Now that he knows she and you have firearms he is acting contrary to what the PO told him, which puts him in jeopardy.

Ummmm....are you reading the post?

He never said the PO said his wife couldn't carry a gun.

If fact he did say the PO told his BIL that he couldn't be anywhere near a gun in the first post and in the post you first quoted.

The OPs whole question just had to do with that even though his BIL would be around his wife's gun that as long as she had direct control of it would there be any problems.

NEVER EVER was anything said about the Parole Officer telling the OPs wife she couldn't carry.

[Guest 270win]

The probation officer is more than likely carrying a gun himself. I know probation officers in AR carry on and off duty (they are somewhat law enforcement) and I have heard that TN ones carry too...don't know if they have law enforcement.

I guess the probation officer is messing up by having a gun close to all the people he meets with!

Seriously having a gun by a convicted felon when it is on your person should be fine. Now handing one to a felon would be totally different.

[Guest Ggun]

Ummmm....are you reading the post?

He never said the PO said his wife couldn't carry a gun.

If fact he did say the PO told his BIL that he couldn't be anywhere near a gun in the first post and in the post you first quoted.

The OPs whole question just had to do with that even though his BIL would be around his wife's gun that as long as she had direct control of it would there be any problems.

NEVER EVER was anything said about the Parole Officer telling the OPs wife she couldn't carry.

Quote:

Originally Posted by Ggun

Your wife has a HCP. Why wouldn't she be fine carrying her gun?

OP: That's not what the PO told him. I told him the PO was full of

IF the OP meant would his BIL be fine if his driver (wife) was carrying a gun, it appears he already has his answer from the parole officer: no. Is the Parole officer full of ? I don't know, but parole officers have a not so funny way of taking control of parolees who don't do what they say to do.

[Guest Ggun]

Again, not tying to stir anything up, but if *I* had a parole officer tell me not to be around any guns, and if the parole officer indicated it wouldn't matter if somebody had a HCP, and if I knew my sister and BIL (i.e. the OP) carried guns with a HCP, *I* wouldn't knowingly be in the car with them carrying guns.

[Punisher84]

Again, not tying to stir anything up, but if *I* had a parole officer tell me not to be around any guns, and if the parole officer indicated it wouldn't matter if somebody had a HCP, and if I knew my sister and BIL (i.e. the OP) carried guns with a HCP, *I* wouldn't knowingly be in the car with them carrying guns.

Once again I think you don't know what the hell you are talking about and are just trying to stir things up.

David and others gave good proper responses. The law covers a felon having access to and/or possession of a firearm. Not them catching a ride with their sister who has an HCP and her firearm on her person.

[Fallguy]

In the situation given, I don't think the felon would be in trouble with the law (as long as the HCP holders keep actual possesion of the weapon at all times)

But....if there was to anyone in trouble, it would be the felon, not the wife. So...if she is going to be armed (I would be too) it is up to him as to whether he wants to take the ride or find another way.

[GLOCKMEISTER]

Again, not tying to stir anything up, but if *I* had a parole officer tell me not to be around any guns, and if the parole officer indicated it wouldn't matter if somebody had a HCP, and if I knew my sister and BIL (i.e. the OP) carried guns with a HCP, *I* wouldn't knowingly be in the car with them carrying guns.

its not going to matter. She will be driving the car, thus most any interaction received from law enforcment would be directed against her. She's in possession of the gun, so again it wouldnt effect him.

The PO shouldnt even know if there was a problem, she'd be the one the problem would be with. Its up to the officer's discretion to determine these matters anyway.

In short parole officers are NOT POLICE OFFICERS!!!! They dont know the laws, they simply go by what they have been told or whats in a manual.

ArM her and tell him not to be flippin the PIGS a BIRD! Everything will be fine.

[Rightwinger]

This reminded me of the hey days of G. Gordon Liddy on his radio show. He used to proudly state he could not own a firearm being a convicted felon but that Mrs. Liddy owned many!

[dralarms]

Ummmm....are you reading the post?

He never said the PO said his wife couldn't carry a gun.

If fact he did say the PO told his BIL that he couldn't be anywhere near a gun in the first post and in the post you first quoted.

The OPs whole question just had to do with that even though his BIL would be around his wife's gun that as long as she had direct control of it would there be any problems.

NEVER EVER was anything said about the Parole Officer telling the OPs wife she couldn't carry.

Thanks Fallguy, I think ggun just like to stir

Quote:

Originally Posted by Ggun

Your wife has a HCP. Why wouldn't she be fine carrying her gun?

OP: That's not what the PO told him. I told him the PO was full of

IF the OP meant would his BIL be fine if his driver (wife) was carrying a gun, it appears he already has his answer from the parole officer: no. Is the Parole officer full of ? I don't know, but parole officers have a not so funny way of taking control of parolees who don't do what they say to do.

Again, not tying to stir anything up, but if *I* had a parole officer tell me not to be around any guns, and if the parole officer indicated it wouldn't matter if somebody had a HCP, and if I knew my sister and BIL (i.e. the OP) carried guns with a HCP, *I* wouldn't knowingly be in the car with them carrying guns.

Hey ggun, go away. don't respond to my threads.

In the situation given, I don't think the felon would be in trouble with the law (as long as the HCP holders keep actual possesion of the weapon at all times)

But....if there was to anyone in trouble, it would be the felon, not the wife. So...if she is going to be armed (I would be too) it is up to him as to whether he wants to take the ride or find another way.

Exactly, that was my point. the po can't tell my wife not to carry, and he can't tell her not to take her brother to the dr's office.

its not going to matter. She will be driving the car, thus most any interaction received from law enforcment would be directed against her. She's in possession of the gun, so again it wouldnt effect him.

The PO shouldnt even know if there was a problem, she'd be the one the problem would be with. Its up to the officer's discretion to determine these matters anyway.

In short parole officers are NOT POLICE OFFICERS!!!! They dont know the laws, they simply go by what they have been told or whats in a manual.

ArM her and tell him not to be flippin the PIGS a BIRD! Everything will be fine.

LOL now thats funny right there, I don't care who you are.

[VolunteerGuns]

Definitely not in trouble. That would mean if he is in contact w/LEO, armed security, or anyone packing, he's violating. As long as she is in possession and legally, no problems. He is not responsible for those around him, unless they are violating the law, and he is or appears to be involved.

[dralarms]

Thanks for all the info folks. Question has been answered. Please lock thread.

[Guest Hyaloid]

Closed at OP request.