Living with a felon

[TripleDigitRide]

I'm pretty sure this has been discussed before, but my search-fu didn't turn up what I was looking for. 

A friend of mine (no, not me  :cool:) is engaged to a woman who was convicted of a felony about 15 years ago. He didn't go into detail, but it seems like she made a stupid mistake in her late-teens. Anyway, is interested in obtaining his carry permit and keeping at least one firearm in the home for protection. I wasn't convinced that my answer would be 100% correct, so I wanted to get some input before giving him advice. 

They've been together for almost 9 years, so I'm not sure kicking her to the curb is a viable option right now. 

[Omega]

There should be no issue as long as she has no "possession" of the firearm, so one must be careful not to store said firearm in a vehicle she drives or maybe even a room she may solely occupy.  Maybe a lockbox that only he has the key or combo for.

[Oh Shoot]

G. Gordon Liddy often said, "I don't own firearms, my wife does". :)

 

Seriously though, I think it's pretty well accepted that the only completely safe legal way in that situation is for the lawful owner to always have sole possession of them, either with person or locked away.

 

On the other hand, I'd want my felonious mate to be able to save my life if it came to it regardless of any literal legal interpretation.

 

Obviously, no legal advice is intended in this post. ;)

 

- OS

[DaveTN]

Constructive possession would be the issue. There have been court cases going both ways on the subject.

The biggest factor I can think of is how and why it became an issue. The specifics of that could be the deciding factor.

If I’m not mistaken Tennessee recently (last couple of years or so) passed legislation that a felon in possession is mandatory prison time??

[Wingshooter]

how about A safe that only he "officially" knows the combo to? If anyone asks, she doesn't have a clue, but If she needs to defend against a home invasion, well.... :cool:

:shrug:
Just a thought. I'm not qualified to offer any legal advice though. Edited November 1, 2014 by Batman

[Mike.357]

tell him to just keep a gun in the home and damn the law.  Sort it out if need be when the time arises.  Just use some common sense with it.  If there ever has been a hint of domestic issues with her then I'd say it is a no go.

 

I hate it when I agree with sig lines,  but someone, somewhere has a sig line that says something about being carried by six or judged by twelve.

[Glock30]

tell him to just keep a gun in the home and damn the law.  Sort it out if need be when the time arises.  Just use some common sense with it.  If there ever has been a hint of domestic issues with her then I'd say it is a no go.
 
I hate it when I agree with sig lines,  but someone, somewhere has a sig line that says something about being carried by six or judged by twelve.

I'd rather be judged by twelve than carried by six.

[Bocephus]

Constructive possession would be the issue. There have been court cases going both ways on the subject.The biggest factor I can think of is how and why it became an issue. The specifics of that could be the deciding factor.If I’m not mistaken Tennessee recently (last couple of years or so) passed legislation that a felon in possession is mandatory prison time??

Mandatory federal time. 3.5 years I believe.

[Will Carry]

Good post! Here is a question. If your wife was a felon and someone broke into your home while she was alone, does she have the right to defend herself with your shotgun?  I would say "yes". Every human has the right to defend themselves against an attack, but I'm not a lawyer....

[chances R]

Well, that is a problem.........unless in the future the marriage goes 'south'..........that would be one way out :rock: 

[DaveTN]

Here is a question. If your wife was a felon and someone broke into your home while she was alone, does she have the right to defend herself with your shotgun?  I would say "yes". Every human has the right to defend themselves against an attack, but I'm not a lawyer....

Life is full of choices. Could she be charged? Of course; she is a convicted felon in possession. Would she be? It’s doubtful the Police would arrest her and unlikely the DA would file charges if they did. Is being charged better than the alternative; of course but it may come at a price because of prior bad choices.

However, unless her conviction was a felony involving the use or attempted use of force, violence, or a deadly weapon, or a felony drug offense; state law does not apply. Even then though 39-17-1322 is a defense to state charges if the incident is deemed justifiable.

[QuietDan]

Good post! Here is a question. If your wife was a felon and someone broke into your home while she was alone, does she have the right to defend herself with your shotgun?  I would say "yes". Every human has the right to defend themselves against an attack, but I'm not a lawyer....

 

I'll look for it, but a legitimate act of self defense trumps firearms laws. I think Tennessee Code Annotated speaks to that.

[bersaguy]

In my opinion if it was my girlfriend of 9 years I would want to know for my own personal knowledge what the charge was. Was it a gun related charge or was it a non violent felony.  Drug related or domestic violence or what. I am a true believer in being tried by 12 rather than carried by 6 for being stupid. I will not advise anyone how to handle their lives. That is their responsibility. A lot of what my decision would be is based on is what the charge was back in her teenage years.....................jmho  I think if it came down to my protection and the protection of my home I would have to give it  a lot of thought. Again .................jmho

[JayC]

39-17-1307f3 Is the relevant law:

 

 

 

For purposes of this section, a person does not possess a firearm, including, but not limited to, firearms registered under the National Firearms Act, compiled in 26 U.S.C. § 5801 et seq., if the firearm is in a safe or similar container that is securely locked and to which the respondent does not have the combination, keys or other means of normal access.

[runco]

For the record, it will take 8 to 10 to carry me.  Not a light person.  BTW always carry on the feet side, much lighter, about slipped one time, which would have caused a bad chain reaction.  :shhh:

Edited November 1, 2014 by Runco

[bersaguy]

For the record, it will take 8 to 10 to carry me.  Not a light person.  BTW always carry on the feet side, much lighter, about slipped one time, which would have caused a bad chain reaction.  :shhh:

I had a very close friend pass away about 3 years ago now and on the day of his death he weigh 640 lbs. He was put on Ice so to say, kept in cooler until a special coffin could be constructed for him. The frame was all welded together and had beautiful mahogany wood on the outside and beautiful blue lining inside and had 6 chrome welded hooks installed into the metal frame and he was taken to the grave from the hearse with a large brand new Bobcat and coffin had 6 chrome cables attached at 4 corners and in the middle on both sides. Was a nice service if there is such a thing at a grave site.....................jmho  

[DaveTN]

I don’t want to be tried by 12 or carried by 6...yet. So I have adjusted accordingly; the former is all on me, the latter may not be.

[penguincomp]

She is eligible to get her guns rights back depending on what the original conviction was and the laws of the state she was in. In Blackwell vs TN, he was a convicted Felon, was pardoned in Georgia where he was convicted, had his CCW and guns. Moved to TN, it was a Felony for him to be in possession. His conviction was drug related. TN was not recognizing that Blackwell was Pardoned or had his gun rights restored. Took him 3 years to finally win.

[enfield]

. . . .  If I’m not mistaken Tennessee recently (last couple of years or so) passed legislation that a felon in possession is mandatory prison time??

 

If so, it's a stupid law - paints with too broad a brush.  Do time for not filing a tax return and you're branded for life?

[TMF]

I'll look for it, but a legitimate act of self defense trumps firearms laws. I think Tennessee Code Annotated speaks to that.

Yeah, there was actually a gang member murdering POS in Clarksville who successfully used that defense, after shooting wildly in a Walmart parking lot after being shot at by rival gang members. The result was the death of an innocent retired school teacher, and most involved now walk around as free men.

As usual, liberal courts interpreting law to let feral monsters back into society to rape, murder and steal from law abiding folks as they please.


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[Patton]

It shouldn't be an issue for him to have a firearm in the home. In fact, I have known some police officers that have had felons living under their roof with their firearms in the house.

[Oh Shoot]

She is eligible to get her guns rights back depending on what the original conviction was and the laws of the state she was in. In Blackwell vs TN, he was a convicted Felon, was pardoned in Georgia where he was convicted, had his CCW and guns. Moved to TN, it was a Felony for him to be in possession. His conviction was drug related. TN was not recognizing that Blackwell was Pardoned or had his gun rights restored. Took him 3 years to finally win.

 

I thought he didn't win? That TN SCOTUS refused to hear case, letting lower court decision stand?

 

There's also a guy who was pardoned by Obama himself, who didn't get to own guns in TN either.

 

- OS

Edited November 3, 2014 by Oh Shoot

[penguincomp]

I thought he didn't win? That TN SCOTUS refused to hear case, letting lower court decision stand?

 

There's also a guy who was pardoned by Obama himself, who didn't get to own guns in TN either.

 

- OS

He eventually won his case. Supreme court refused to hear it and told the lower court to essentially reconsider their decision. He did end up losing the case to get the 25k he spent in attorney fee's to win. I can't get through the legaleze of the final decision.

[DaveTN]

I thought he didn't win? That TN SCOTUS refused to hear case, letting lower court decision stand?
 
There's also a guy who was pardoned by Obama himself, who didn't get to own guns in TN either.
 
- OS

This is the most recent ruling I see. I don’t call it a win. But there might be something after that I'm not seeing.
http://www.tncourts.gov/courts/court-appeals/opinions/2013/06/28/david-scott-blackwell-v-bill-haslam-governor-state

[Dane]

He eventually won his case. Supreme court refused to hear it and told the lower court to essentially reconsider their decision. He did end up losing the case to get the 25k he spent in attorney fee's to win. I can't get through the legaleze of the final decision.

It is clearer around page 22. The Supreme Court pushed it back down to the lower court to decide if he was convicted of a violent or non-violent crime as that would be the deciding factor on if he was able to get his firearms rights restored under a newly passed law.