Felon visiting your residence?

[Guest FIST]

Long story, but my Mom's most recent husband is a convicted felon. Don't know the specifics other than it was some sort of securities fraud and not a violent/sex related felony.

Question is, they come to visit every couple months and I obviously keep firearms in the home. I talked about this with him and he said his parole officer has OK'd the fact he comes to visit and the PO is aware of my firearms. He has been out of prison for 2-2 1/2 years and I don't believe he is lying about speaking with the PO.

I obviously don't allow him access to the weapons or take him shooting.

Anybody have any insight on this?

[Parrothead]

what firearms? When he is around, i wouldn't talk about anything past a BB gun. How does he know you have guns? Limit you liability--keep your mouth shut.

If you have a agreemnt with him it in writing!! He said she said isn't worth crap in court. Cover your ass with documentation--not conversation!!

[scoutfsu]

As long as you don't give him access to your weapons or take him shooting, you're fine.

Lord knows, talking to him about guns will land you in prison....

[Guest 6.8 AR]

He's the one with the problem, not you, unless you change your policy. Just don't give him access.

[Guest HvyMtl]

He can be in the house. Possession is the key.

I would suggest he stay in a hotel, and you guys go to them, if it bugs you this much.

[mikegideon]

He can be in the house. Possession is the key.

I would suggest he stay in a hotel, and you guys go to them, if it bugs you this much.

What if the hotel clerk has a GUN? You're probably fine if you don't put one in his hand.

[QuietDan]

If a felon, I wouldn't take his word for it regarding his conversation with his parole officer. I'd talk to the parole officer directly, and preferably have the arrangements reduced to writing, from the parole officer to you.

[Guest FIST]

He can be in the house. Possession is the key.

I would suggest he stay in a hotel, and you guys go to them, if it bugs you this much.

It doesn't bug me really. The director of the innocence of Muslims film got picked up on a parole violation and it started my wheels turning. I'm confident that by not allowing him any access (he has no interest anyhow) to firearms I won't have any issues.

[mikegideon]

It doesn't bug me really. The director of the innocence of Muslims film got picked up on a parole violation and it started my wheels turning. I'm confident that by not allowing him any access (he has no interest anyhow) to firearms I won't have any issues.

I don't know that anything is on you to begin with. He is the one that isn't supposed to have guns. I don't think that means he can't go somewhere that guns are present. I doubt that he's supposed to stay out of Walmart.

[Guest 6.8 AR]

I see all of us experts are staying up late tonight.

[Guest 6.8 AR]

He just can't fondle someone else's property if it is verboten.

[Guest pfries]

For your reading pleasure,

from http://www.tncrimlaw.com/TPI_Crim/

direct link http://www.tncrimlaw..._Crim/36_05.htm

T.P.I. -- CRIM. 36.05

UNLAWFUL POSSESSION OF A HANDGUN

BY A CONVICTED FELON

Any person, having been convicted of one of certain specified felonies, who possesses a handgun is guilty of a crime.

For you to find the defendant guilty of this offense, the state must have proven beyond a reasonable doubt the existence of the following essential elements:¹

(1) that the defendant had been convicted of __________________

(name prior alleged

__________________;²

felony conviction)

and

(2) that the defendant, after such felony conviction, possessed a

handgun;

and

(3) that the defendant acted either intentionally, knowingly, or recklessly.³

"Handgun" means any firearm with a barrel length of less than twelve (12) inches that is designed, made, or adapted to be fired with one hand.⁴

"Firearm" means any weapon designed, made, or adapted to expel a projectile by the action of an explosive, or any device readily convertible to that use.⁵

["Possession" may be actual or constructive. A person who knowingly has direct physical control over an object at a given time is then in actual possession of it. A person who, although not in actual possession, knowingly has both the power and intention at any given time to exercise dominion and control over an object is then in constructive possession of it.]⁶

[Possession may also be sole or joint. If a person alone has actual or constructive possession of a thing, possession is sole. If two (2) or more persons have actual or constructive possession of a thing, their possession is joint.]⁷

"Intentionally" means that a person acts intentionally with respect to the nature of the conduct or to a result of the conduct when it is the person's conscious objective or desire to engage in the conduct or cause the result.⁸

"Knowingly" means that a person acts knowingly with respect to the conduct or to circumstances surrounding the conduct when the person is aware of the nature of the conduct or that the circumstances exist. A person acts knowingly with respect to the result of the person's conduct when the person is aware that the conduct is reasonably certain to cause the result.⁹

"Recklessly" means that a person acts recklessly with respect to the circumstances surrounding the conduct or the result of the conduct when the person is aware of but consciously disregards a substantial and unjustifiable risk that the circumstances exist or the result will occur. The risk must be of such a nature and degree that its disregard constitutes a gross deviation from the standard of care that an ordinary person would exercise under all the circumstances as viewed from the accused person's standpoint.¹⁰

If you find from the proof that the defendant has been convicted of another crime or crimes than that for which [he] [she] is presently on trial, you may not consider such evidence as proof of [his] [her] disposition to commit the crime for which [he] [she] is on trial.¹¹

FOOTNOTES

1. Tenn. Code Ann. § 39-17-1307( .

2. Includes convictions for felonies involving the use or attempted use of force,

violence, or a deadly weapon, and convictions for felony drug offenses, and

convictions in another jurisdiction for acts which would constitute those

offenses under Tennessee law. Tenn. Code Ann. § 39-17-1307( (1)(A)

and ( .

3. Tenn. Code Ann. § 39-11-301( and © and accompanying Sentencing

Commission Comment.

4. Tenn. Code Ann. § 39-11-106(a)(16).

5. Tenn. Code Ann. § 39-11-106(a)(11).

6. State v. Williams, 623 S.W.2d 121 (Tenn. Crim. App. 1981).

7. State v. Copeland, 677 S.W.2d 471 (Tenn. Crim. App. 1984).

8. Tenn. Code Ann. § 39-11-106(a)(18).

9. Tenn. Code Ann. § 39-11-106(a)(20).

10. Tenn. Code Ann. § 39-11-106(a)(31).

11. See T.P.I. -- CRIM. 42.10 (Evidence of Other Crimes).

COMMENTS

1. Unlawful possession of a handgun by a convicted felon is a Class E felony. Tenn. Code Ann. § 39-17-1307( (2).

2. The "possession" definition is not based on a specific statutory provision or case law relating to offenses involving weapons, but is adapted from former T.P.I. -- CRIM. 33.02 (Possession of Controlled Substance with Intent to Sell or Deliver) and the cases footnoted therein. The definition appears to state the general law in Tennessee as to possession, and should apply to this offense. It should be noted that Tenn. Code Ann. § 39-17-1307( prohibits "possession" of the weapon rather than "carrying" the weapon in question as prohibited by Tenn. Code Ann. § 39-17-1307(a) and other weapon offenses. This distinction between the offenses necessitates the defining of possession as part of the instruction in order to clearly state the conduct relating to the weapon that is prohibited by Tenn. Code Ann. § 39-17-1307( .

3. The reference in footnote 2 to convictions in other jurisdictions for acts which would constitute offenses under Tennessee law is retained from former T.P.I. -- CRIM. 30.03 (Convicted Felon Carrying a Firearm) since the new statute, Tenn. Code Ann. § 39-17-1307( does not limit the prior convictions to those occurring in Tennessee.

4. Tenn. Code Ann. § 39-17-1301(2) defines "crime of violence" to include any degree of murder, voluntary manslaughter, aggravated rape, rape, especially aggravated robbery, aggravated robbery, burglary, aggravated assault, or aggravated kidnapping. However, this statute is not offered as part of the proposed instruction or as an all inclusive definition of the felony convictions necessary to constitute a violation of Tenn. Code Ann. § 39-17-1307( (1). Tenn. Code Ann. § 39-17-1307( (1)(A) refers to felonies involving the use or attempted use of force or a deadly weapon in addition to those involving the use or attempted use of violence, thus appearing to be broader in scope than the definition found in Tenn. Code Ann. § 39-17-1301(2). For example, the offenses of robbery, aggravated sexual battery, and sexual battery involve or can involve the use of force and should qualify under Tenn. Code Ann. § 39-17-1307( (1)(A) though these offenses are not listed in Tenn. Code Ann. § 39-17-1301(2). Also, these same offenses by definition are crimes of violence but paradoxically did not make the list found in Tenn. Code Ann. § 39-17-1301(2).

5. Felony drug offenses applicable to Tenn. Code Ann. § 39-17-1307( (1)( may be found in the Tennessee Drug Control Act of 1989, Tenn. Code Ann. § § 39-17-401 through 39-17-427, 53-11-301 through 53-11-308, and 53-11-401 through 53-11-414. The Committee is of the opinion that felony drug convictions as well as felony convictions for offenses involving the use of or attempted use of force, violence, or a deadly weapon occurring under Tennessee criminal statutes existing prior to November 1, 1989 should also be applicable since there is not a time limitation as to the said convictions in Tenn. Code Ann. § 39-17-1307( (1)(A) and ( .

6. If the definition of an offense within Title 39 does not plainly dispense with a mental element, intent, knowledge or recklessness suffices to establish the culpable mental state. Tenn. Code Ann. § 39-11-301©. The Committee is of the opinion that the definitions of "intentionally", "knowingly", and "recklessly" should all be charged for this offense.

[DaveTN]

I obviously don't allow him access to the weapons or take him shooting.

Then it’s not an issue for you.

No insight, just an opinion. He has to go by what his parole Officer tells him. The laws (for him) on actual possession are clear; constructive possession is not. Is his PO from Tennessee? I only ask that because Tennessee’s gun laws are some of the toughest I have ever heard of regarding a felon in possession.

The only way you would be involved is that now you know he is a convicted felon, you can’t give him possession or transfer a firearm to him… obviously.

[Motasyco]

You could do what I used to do for an ex-son-in-law that I didn't particularly care for. A tent in the back yard.