Utah Guns Forum banner
1 - 11 of 11 Posts

·
Registered
Joined
·
46 Posts
Discussion Starter · #1 ·
I have a question regarding the legality of living with a felon. Is it illegal to have firearms in my house if I have a convicted felon living with me? I tried to look through the Utah Code but I get lost very easily reading through it. I have all my firearms under lock and key that the above mentioned felon does not have access to. I would really hate to loose my rights by trying to help someone out.
 

·
Registered
Joined
·
544 Posts
As long as they don't have access to ANY felon contraban of yours (guns, ammo, alcohol, or whatever), you should be fine.

The question is if it a risk you are willing to take?

If they are on parol, then you can always talk to their PO.

If it were me? Nope. Not (probably especially not) even for family.
 

·
Registered
Joined
·
6,570 Posts
It is not illegal to you on its face, but it more than likely *IS* illegal for him/her in the form of PROBABLY being a stipulation of parole (if applicable). The felon may not be in possession in any way, shape, or form.
 

·
Registered
Joined
·
1,297 Posts
huntinjunky said:
The offense was more than 10 years ago I believe. The full prison setence was served, so I don't belive there are any parole stipulations applicable.
Then you're fine. Nothing to worry about -- just keep any guns out of the offender's hands.

If the offender is interested in having the firearms restrictions removed, I posted the info in another thread about a 402 motion.
 

·
Registered
Joined
·
1,791 Posts
huntinjunky said:
I have a question regarding the legality of living with a felon. Is it illegal to have firearms in my house if I have a convicted felon living with me? I tried to look through the Utah Code but I get lost very easily reading through it. I have all my firearms under lock and key that the above mentioned felon does not have access to. I would really hate to loose my rights by trying to help someone out.
I spent about a year in the same situation, due to my now ex wife letting a convicted felon friend of hers move in with us. From what I was told by her PO, its more of an issue for the felon than it is for you if the PO finds out there is contraband in the house. Basically, we couldnt have any alcohol, firearms, etc in the house without them being under lock and key at all times, otherwise she would have had to go back to jail.
 

·
Registered
Joined
·
1,420 Posts
I had a "reformed" convicted cocaine dealer living with me for a while in Florida. While debating whether to accept his request to rent a room from me, my research gave me the same impression as gravedancer's:
As long as I take reasonable measures to prevent access to my firearms, anything that happens is their problem.

After giving the guy an ultimatum about not touching anything "fun", and telling him that I would castrate him with a pair of safety scissors if he did, we didn't have a problem.

He ended up not being as "reformed" as everyone had thought, but that's a different matter; and he was still scared poopless to touch my firearms....
 

·
Registered
Joined
·
3,107 Posts
On a related note, having someone on parole living in your home opens up your home to warrantless searches. A very common (maybe near universal) condition of parole is the (at least partial) waiving of 4th amendment rights by the parolee. Basically, his PO can search the parolee's person, effects, and property nearly at will. And what can't be searched at will, is easier to get a warrant for than would be the same situation for Joe-Q-random-public. That includes any areas the parolee has general access to.

So if you're ever going to have a parolee living with you, you need to lock any room, cabinet, or other areas you don't want to be subject to being searched at will by his PO. Nothing super high security is required, though I'd expect more than the standard interior bedroom lock. A regular exterior grade in-knob lock on bedroom/den doors should be sufficient so long as it is actually kept locked when unattended. If it is open when the PO shows up and you are not physically present--so as to demonstrate that the parolee doesn't have access to that area--the area is subject to being searched. I know of those who have installed the electronic keypad lockset on their master bedroom and/or den/hobby room door and just set it to be locked by default.

Also of consideration is the fairly broad definition of "weapon" in Utah law, that includes consideration of how an item is intended to be used. As a couple of simple examples, a parolee who plays on a baseball/softball team had better keep his mitt and ball very close to his bat at all times lest the bat be considered a weapon. Similarly, the parolee who has some legitimate use for a large pipe wrench (or length of iron pipe) should be careful to keep the other plumbing tools close to the wrench so as to avoid giving any appearance that the wrench is being maintained in anticipation of being used as a weapon. Large kitchen knives live in the kitchen, not in a parolee's bedroom, etc.

Charles
 

·
Registered
Joined
·
1,791 Posts
bagpiper said:
On a related note, having someone on parole living in your home opens up your home to warrantless searches. A very common (maybe near universal) condition of parole is the (at least partial) waiving of 4th amendment rights by the parolee. Basically, his PO can search the parolee's person, effects, and property nearly at will. And what can't be searched at will, is easier to get a warrant for than would be the same situation for Joe-Q-random-public. That includes any areas the parolee has general access to.

So if you're ever going to have a parolee living with you, you need to lock any room, cabinet, or other areas you don't want to be subject to being searched at will by his PO. Nothing super high security is required, though I'd expect more than the standard interior bedroom lock. A regular exterior grade in-knob lock on bedroom/den doors should be sufficient so long as it is actually kept locked when unattended. If it is open when the PO shows up and you are not physically present--so as to demonstrate that the parolee doesn't have access to that area--the area is subject to being searched. I know of those who have installed the electronic keypad lockset on their master bedroom and/or den/hobby room door and just set it to be locked by default.

Also of consideration is the fairly broad definition of "weapon" in Utah law, that includes consideration of how an item is intended to be used. As a couple of simple examples, a parolee who plays on a baseball/softball team had better keep his mitt and ball very close to his bat at all times lest the bat be considered a weapon. Similarly, the parolee who has some legitimate use for a large pipe wrench (or length of iron pipe) should be careful to keep the other plumbing tools close to the wrench so as to avoid giving any appearance that the wrench is being maintained in anticipation of being used as a weapon. Large kitchen knives live in the kitchen, not in a parolee's bedroom, etc.

Charles
yep we had to deal with the warrantless searches too. Her PO and/or other officers would randomly drop by a couple of times a month and search the place to make sure she didnt have access to any contraband. Fortunatley for her they never went outside into the garage and looked in the spare fridge there. They would have found all the alcohol.
 

·
Registered
Joined
·
1 Posts
As long as they don't have access to ANY felon contraban of yours (guns, ammo, alcohol, or whatever), you should be fine.

The question is if it a risk you are willing to take?

If they are on parol, then you can always talk to their PO.

If it were me? Nope. Not (probably especially not) even for family.
You really would turn your back on your own blood? Im sorry, but have you never done anything wrong!? The only difference between you and a felon, I am willing to bet is you just never got caught! I mean ****, you made 3 spelling errors in 1 comment!
 

·
Registered
Joined
·
1 Posts
In the majority of states, it depends on access. If the felon has acces, that’s seen as having some level of control over the gun, which is illegal. In some states, all you have to do is restrict that access. For example, having a hangdun in your unlocked desk may be illegal since anyone could access it and your brother now resides in the same house as you, but having the same handgun in a safe that is locked could be legal — as long as you don’t give your brother a key or tell him the combination. For instance, this is how Nebraska deals with the issue.
telemedicine examples http://curogram.com/blog/telemedicine-california
Not all states are so forgiving. California, known for its strict gun laws, could charge your brother with a crime. The same is true in Georgia, a state that has a reputation that’s exactly the opposite of California’s. It pays to know what your state considers possession of a firearm.
 
1 - 11 of 11 Posts
Top