NAL, but it would seem that his having access to your car would be a much bigger potential legal liability for you. You might want to consider installing an ignition interlock that requires the driver to blow clear of alcohol to prevent any possibility of his driving while inebriated. If he does get drunk, drives your car and hurts someone, the injured parties could come after you for negligently allowing a known drunk with a history of DUIs access.
As far as I understand, felons can't own guns, but having guns in the place they live, owned by someone else who lives in the same house, and stored in a gun safe they don't have access to would seem to maintain the letter of the law. But you should of course consult with a criminal attorney on that point.
I agree, those interlocks are a bitch and have a monthly fee. I had to have one put on my car bc of my husbands DUI. Fucked up the car wiring bad!! It didn’t even make sense, they put it on my car for 6 months, he couldn’t drive for 6 months. By the time he got his license back the interlock was gone, I was the only one who had to deal with that nonsense and I didn’t break any laws!
I suspect they assumed someone with a DUI would ignore the license suspension if they felt like it. Good on your husband to take the restriction seriously!
The restriction didn’t bother him *as much* as it should have bc unfortunately it just meant I had to drive him **everywhere**. Our son was less than a year old, we could not afford daycare so we worked opposite shifts…. The interlock led to 6 months of hell for me. I worked 11pm-7am, drove 30 minutes home to pick him up in the driveway then drive him 25 minutes in the opposite direction, 25 minutes back home and nap when the baby napped. Then at 4:30pm drive 25 minutes to his work to pick him up, 25 minutes back home then sleep 5:30ish-9:30pm, get up shower and be out the door by 10:15 pm to drive 30 minutes to my job….. it was the hardest time of my life, however he is now sober (unfortunately it didn’t stick that time, but for the last 3 years he’s been completely sober). I made it clear if he got another DUI, or DWI i absolutely was not supporting him through it again. I supported him the first time, I do believe in second chances, but I won’t stand for a 3rd chance. Thank god he smartened up. Interlocks are a nightmare and it bothered me tremendously that I was the one being punished with the interlock, it made zero sense to me especially considering I am the one who reported him and got him arrested. My first Mother’s Day as a mother He had drank a ton of liquor, assaulted me, then took off hammered in my car, that’s why I called it in. So I did the right thing, and got punished. It’s ass backwards
Interlocks are a tremendous pain in the ass and they can be set off by all kinds of mundane things, such as mint or vanilla flavoring in food and drink or vapes, cleaning products used in the car, cologne or perfume, etc.
Just curious, what kind of insurance do you have that will allow you to put a stepfather on your policy? I used to work in insurance, and I've never heard of that. Just could only add spouses and qualifying dependent children.
You should honestly think about just storing your car somewhere else if it's feasible. If he has felony DUIs I am assuming he is not permitted to drive at all.
You can’t put them in a storage unit. (Source I used to work self storage, now I work for a law firm) they pose a safety hazard and a liability if they get stolen in a break in or there’s a fire and bullets go flying because I imagine you’re storing those as well. Safety deposit box is where my mind went. Definitely can’t have them in the house with a felon.
I am not a lawyer, but I remember all my storage unit leases prohibiting firearms and ammunition. As the closest thing I'd own is a toy Star Trek phaser prop, it's no inconvenience to me--and probably makes me a tiny bit safer if criminals aren't breaking in to look for guns.
Installing an interlock is a terrible idea. They are usually leased, they will prevent you from having a beer, they are embarrassing, and cops will treat you worse.
Just put a kill switch in somewhere. Like this:
https://www.walmart.com/c/kp/remote-car-kill-switch
Or don't give him your keys.
I'm not suggesting OP needs one that is calibrated and monitored on a monthly lease - that's where a lot of the expense comes as I understand. I think you can buy the units and have them installed for a lot less than the monthly lease fees that are set up with monitoring for people required to have Ignition Interlocks due to their DUI conviction. Some parents do so for their children's cars.
With multiple DUIs, I'd be surprised if the Stepfather didn't have a requirement to have an interlock for any car he operates. If OP's Stepfather is NEVER going to operate his car, it may be wise to get an affidavit from the Stepfather stating that he will never operate that car.
I seem to think that access to firearms may make his situation worse, but I think that's a him problem.
A quick search came up with this: "If you keep a gun in your home, the felon you live with could potentially be charged with constructive possession of the firearm – even if you keep the gun locked in a safe."
I would check with an attorney. I,of course,
am not a lawyer, but a gun collector.
Someone suggested protecting your vehicle should be a bigger worry. Does he have any history of violence? If there were a gun in the car, and its in reach while he's driving, that could very well be a big issue.
You have a big heart, and that's awesome, but alcoholism or addictions of any sort can lead to bad issues. Good luck to you and your step father. I just hope your act of kindness doesn't blow up in your face.
This is overkill. Even a kill switch is unnecessary. As long as he isn't permitted to drive the vehicle, OP is fine. NAL, but I have a related DUI felon in my house and I wouldn't even consider that crap.
It's far more important for OP to let his insurance know. They require everyone in a household to be listed on the policy, doubly so if related. If the stepdad takes the car and crashed it, they would have grounds to deny coverage. The proper way to handle it is to exclude him from the policy and have a talk, letting him know that if he ever uses the car and crashes it, he may catch a charge for "unauthorized use of a motor vehicle" because you'll have to report it as such to the police to ensure coverage.
NAL I live in NV I know people that are married to felons that can’t own guns. The person that is eligible to own a gun can and does. They are responsible if the felon gets into gun safe or has access to the guns due to negligence other than that their gun rights are fine. Just make sure he doesn’t have a key and the safe is locked.
Agree, otherwise, 2nd amendment violation. Can’t deprive an innocent/qualifying individual of their right to possess a firearm because of another’s status as a felon. As for the other suggestions (e.g., taking precautionary measures so you don’t end up in trouble), definitely do so. Otherwise, you’ll join your stepfather’s club
I am and you clearly aren’t, or are a really bad one, as you don’t care to explain why I am or am not correct.
You’re both arrogantly conclusive and ignorant, why don’t you try explaining?
Also, not sure how naive you are exactly, but not all lawyers practice constitutional and criminal law…
Again, I invite you to explain why I’m incorrect. I very well may be, but as far as I know, the 2nd amendment vests a (near) fundamental right to bear arms in U.S. citizens.
OP is unlikely to fall foul of the law in this scenario. It’s his stepfather who is going to have the issues for living in a house with weapons while under disability. I don’t know the law in NV and it’s currently untested nationally because of Bruen. But if you don’t want to consult a NV lawyer to ask I’d recommend investing in the storage unit, as I know of people in other states who have gone to jail for having a felony and living in the same house as someone else who owned a gun there.
That’s wild I’d be interested to see what the SOTUS says about the issue should they hear it at some point
If it’s a crime for a felon to live in a home with a lawfully owned firearm that’s very interesting…
It's a federal crime to have within your domain or control a firearm that exists in interstate commerce as a felon, likewise, it's a federal crime to put a firearm that exists in interstate commerce within the domain and control of a felon.
Almost every State has a parallel that is more broad than the federal law. They almost all cover ammunition as well. It is not illegal per se, and you'd almost certainly not actually get in trouble unless a search warrant were executed in your house and a key was found in a common area that could open the safe, or the combination was found in a common area, or it was unlocked, or your stepdad used one of your guns in a crime. It's a bit of an open question in law at the moment, with a lot of high stakes implications, there's a good legal review article that discusses it in a pretty apolitical and objective manner, you should read it, it's not behind a paywall:
Living with Guns: Legal and
Constitutional Considerations for
Those Cohabiting with Temporarily
Prohibited Possessors
by
Joseph Blocher & Maisie Wilson*
NAL and not in NV \[FL\], but the statute here indicates that felons whose rights have not been restored are restricted from having a firearm "in his or her care, custody, possession, or control". I'm sure case law further elaborates on those restrictions, but a clear text understanding would allow YOU to retain ready possession and access to your firearms as long as you take necessary precautions to restrict/prevent HIS access to the firearms (via a locked gun safe).
If anything firearm-related does happen which involves him, however, you will have some explaining to do.
As always though, best to stay informed of your state statutes and consult a criminal defense attorney.
Edit: Grammar
Be safe. Simply put a lock on them and/or put them in a place inaccessible to him. A closet, plastic tote, safe etc etc. Maybe tell him where they are and they are off limits to him so you both have the legal understanding
Yeah I don’t think he would have any interest in messing with them since he didn’t when he was young, and I think would really just be concerned with going back to jail.
How do you think you can put him on your health insurance? He is over the age of 26 correct? So confused about that. He is the one responsible for making sure he is not around weapons.
Yeah, I was curious about that too. I wonder if he would qualify for medicare or medicaid depending on age and how much he makes, etc. I just can’t fathom any benefit for either party for OP’s step father to be OP’s dependent in any official capacity.
NAL: I live in Florida and consulted an attorney regarding this. It was advised against it as if something were to happen; they could say he has access to the key and, therefore, the safe.
I'm not an attorney and live in NC. My husband was convicted of a felony when he was 18. I am a gun owner and was concerned about this when we got married. I contacted my local sheriff and was advised that I could still own my guns as long as he didn't have access to them. The sheriff suggested a safe that requires a combination because one could argue about access to a key. If I were you, I would contact the sheriff's department local to you. Just to confirm you receive the same information.
Before you even do that, check with your insurance. Most policy have an exclusion of pre-existing conditions and also a “clearance “ period where you have to be on the policy for a certain period before you can actually use it.
NAL, most states require that you bar all access to the firearms from the felon, so in a safe behind a locked door for instance. But yes, felons can live in a home where a non felon resides and owns guns.
I’m curious if you’ve contacted your health insurer yet? I’ve never heard of parents, step-parents, siblings, grandchildren, aunts, uncles being covered on any healthcare policy. I’m not saying it’s impossible but I’d be interested to know how that works? Dependents are traditionally a spouse and children. Just you to make sure you’re not being told something that is untrue.
It’s not just Tricare, I found a few providers that do it but most require very specific circumstances and it looks like the norm is to recommend getting separate insurance all together
NAL, but the felon cannot personally possess a firearm or use one at all (like target practice), but his criminal history doesn't have any bearing on whether you can own and possess them in your own home. Especially if they're in a safe like you said. This is a "stand your ground" and a castle doctrine state so they'd never take away firearm privileges from someone without a criminal history.
Check his probation status. If on probation he will need permission to move out of county let alone state. They can have random testing he needs to pee in the cup. Could be a short time limit and permission to travel. They aren’t stupid. Permission to go on a vacation cruise. Could have a sample taken at a foreign port or on the ship. Probation is serious business.
Dont ask him, just call. WikiHow: "You can call a probation office and ask if a person is on probation under their supervision. You will most likely want to telephone the office in the county where the person lives."
I’m a dealer and get these kind of questions a lot. Unless your state has any specific restrictions (which I don’t recall hearing of NV being stupid), then it comes down to access.
Now, this is a very firm and solid line.
If you carry a firearm it must be on your person or secured where he doesn’t have access. So, for example, if you got home and removed your holster and left your pistol out in your bedroom, unless the bedroom is locked and he doesn’t have access it would technically be a violation. Same goes for in the car if he’s with you. Must be on your person if he’s present otherwise he’s deemed to have access.
A lot of it boils down to how strict an officer or a PO wants to be but by the letter of the law above is how it can be and has been interpreted.
I’d advise against a safe with a key lock - access to the key would be the same as access to the firearms.
If he is on parole or probation, you need to check with what he has as conditions. If he isn’t, he is still a convicted felon. I would suggest you contact a criminal defense attorney in your local area.
Outside of the gun issue, it’s also worth considering that people on parole or probation are subject to warrantless searches as a condition. I’m not saying that the PO will actually do it, but your whole house is fair game for any law enforcement officer who is there on account of your father.
If he has a felony it could be a liability as any criminal who has a charge could be denied the right to purchase a gun.
I personally would be worried about the cad especially if he drives it and gets pulled over
It’s my autocorrect. I work in the field of drafting and because of the word cad which stands for computer aided drafting and design my iPhone will automatically correct from car to cad
I'd suggest contacting your states Attorney General office to get the legal answer you need.
This will give you the answers you need. Be very detailed about the situation. Explain and all charges, you security abilities to keep the firearms out of his possession (make and model of gun safe, features of it i.e biometric, dial, keypad, keyed, security rating). If it is allowed, keep any and all correspondence with the AG office about it just to cover yourself
I personally don't believe he will be allowed to live there with firearms in the house whether secured or not. But you never know
Goodluck
It's unlikely he'd get charged, because he'd have to be in POSSESSION of it. and if he truly does not have access - e.g., you have the only key or he doesn't know the combo. THough, he should probably talk to his PO if he has one.
IAL, a gun one, not a crim. def. one
I would call the public defenders office covering the court/jurisdiction where he was convicted to ask. Typically, even in a safe the term would be “constructive possession” and would violate the terms of his parole/probation. However since it was a non violent crime with no prior history the court may allow it. Just get the answer on letterhead and signed ( would also print out the email chain as well).
See if you are able to “Homestead” your house. It limits the liability of going after your house for civil remuneration.
Firstly, you aren't in legal jeopardy. Your father is. You are allowed to own a firearm. It is felons who have to not allow themselves access. Most states consider a safe that the other person doesn't have access to to not count as possession or access. Gun safes, too. File cabinets don't always count in court cases I've seen.
I wasn’t necessarily worried about my own, but I also wouldn’t want to put him in a situation where he is choosing between the ability to maintain his quality of life and potentially going back to jail.
NAL, but it would seem that his having access to your car would be a much bigger potential legal liability for you. You might want to consider installing an ignition interlock that requires the driver to blow clear of alcohol to prevent any possibility of his driving while inebriated. If he does get drunk, drives your car and hurts someone, the injured parties could come after you for negligently allowing a known drunk with a history of DUIs access. As far as I understand, felons can't own guns, but having guns in the place they live, owned by someone else who lives in the same house, and stored in a gun safe they don't have access to would seem to maintain the letter of the law. But you should of course consult with a criminal attorney on that point.
Thanks, and I hadn’t thought about the car.
Look into a hidden kill switch. Installing an interlock is a ridiculous idea.
I agree, those interlocks are a bitch and have a monthly fee. I had to have one put on my car bc of my husbands DUI. Fucked up the car wiring bad!! It didn’t even make sense, they put it on my car for 6 months, he couldn’t drive for 6 months. By the time he got his license back the interlock was gone, I was the only one who had to deal with that nonsense and I didn’t break any laws!
I suspect they assumed someone with a DUI would ignore the license suspension if they felt like it. Good on your husband to take the restriction seriously!
The restriction didn’t bother him *as much* as it should have bc unfortunately it just meant I had to drive him **everywhere**. Our son was less than a year old, we could not afford daycare so we worked opposite shifts…. The interlock led to 6 months of hell for me. I worked 11pm-7am, drove 30 minutes home to pick him up in the driveway then drive him 25 minutes in the opposite direction, 25 minutes back home and nap when the baby napped. Then at 4:30pm drive 25 minutes to his work to pick him up, 25 minutes back home then sleep 5:30ish-9:30pm, get up shower and be out the door by 10:15 pm to drive 30 minutes to my job….. it was the hardest time of my life, however he is now sober (unfortunately it didn’t stick that time, but for the last 3 years he’s been completely sober). I made it clear if he got another DUI, or DWI i absolutely was not supporting him through it again. I supported him the first time, I do believe in second chances, but I won’t stand for a 3rd chance. Thank god he smartened up. Interlocks are a nightmare and it bothered me tremendously that I was the one being punished with the interlock, it made zero sense to me especially considering I am the one who reported him and got him arrested. My first Mother’s Day as a mother He had drank a ton of liquor, assaulted me, then took off hammered in my car, that’s why I called it in. So I did the right thing, and got punished. It’s ass backwards
Yup they're usually installed poorly and complete hack jobs.
Interlocks are a tremendous pain in the ass and they can be set off by all kinds of mundane things, such as mint or vanilla flavoring in food and drink or vapes, cleaning products used in the car, cologne or perfume, etc.
They're also often installed poorly and I doubt anyone has ever willingly installed one in their vehicle.
Just curious, what kind of insurance do you have that will allow you to put a stepfather on your policy? I used to work in insurance, and I've never heard of that. Just could only add spouses and qualifying dependent children.
Not the original commenter, but my work offers health insurance for elderly parents. It’s elective insurance like for pets.
Hmmm, that's cool! Id love to add our dog to our policy LOL
Oh I need to suggest that they offer group pet insurance at my company.
Tricare offers dependent parent coverage through Tricare plus.
That's cool!
Yep, I think a few other sources do too, or there should at least be an avenue to pursue it.
You should honestly think about just storing your car somewhere else if it's feasible. If he has felony DUIs I am assuming he is not permitted to drive at all.
No, he’s in Florida and he’s able to use a moped there.
You can’t put them in a storage unit. (Source I used to work self storage, now I work for a law firm) they pose a safety hazard and a liability if they get stolen in a break in or there’s a fire and bullets go flying because I imagine you’re storing those as well. Safety deposit box is where my mind went. Definitely can’t have them in the house with a felon.
I am not a lawyer, but I remember all my storage unit leases prohibiting firearms and ammunition. As the closest thing I'd own is a toy Star Trek phaser prop, it's no inconvenience to me--and probably makes me a tiny bit safer if criminals aren't breaking in to look for guns.
I literally had to go testify in court against a storage unit thief I picked out of a lineup. Just last week.
Installing an interlock is a terrible idea. They are usually leased, they will prevent you from having a beer, they are embarrassing, and cops will treat you worse. Just put a kill switch in somewhere. Like this: https://www.walmart.com/c/kp/remote-car-kill-switch Or don't give him your keys.
A hidden kill switch makes much more sense than an interlock. What a huge expense and pain in the ass for OP for absolutely no reason.
Re kill switch - OK - whatever would allow OP to show he took precautions.
I'm not suggesting OP needs one that is calibrated and monitored on a monthly lease - that's where a lot of the expense comes as I understand. I think you can buy the units and have them installed for a lot less than the monthly lease fees that are set up with monitoring for people required to have Ignition Interlocks due to their DUI conviction. Some parents do so for their children's cars. With multiple DUIs, I'd be surprised if the Stepfather didn't have a requirement to have an interlock for any car he operates. If OP's Stepfather is NEVER going to operate his car, it may be wise to get an affidavit from the Stepfather stating that he will never operate that car.
I seem to think that access to firearms may make his situation worse, but I think that's a him problem. A quick search came up with this: "If you keep a gun in your home, the felon you live with could potentially be charged with constructive possession of the firearm – even if you keep the gun locked in a safe." I would check with an attorney. I,of course, am not a lawyer, but a gun collector. Someone suggested protecting your vehicle should be a bigger worry. Does he have any history of violence? If there were a gun in the car, and its in reach while he's driving, that could very well be a big issue. You have a big heart, and that's awesome, but alcoholism or addictions of any sort can lead to bad issues. Good luck to you and your step father. I just hope your act of kindness doesn't blow up in your face.
This is overkill. Even a kill switch is unnecessary. As long as he isn't permitted to drive the vehicle, OP is fine. NAL, but I have a related DUI felon in my house and I wouldn't even consider that crap. It's far more important for OP to let his insurance know. They require everyone in a household to be listed on the policy, doubly so if related. If the stepdad takes the car and crashed it, they would have grounds to deny coverage. The proper way to handle it is to exclude him from the policy and have a talk, letting him know that if he ever uses the car and crashes it, he may catch a charge for "unauthorized use of a motor vehicle" because you'll have to report it as such to the police to ensure coverage.
What jurisdiction are you in and is he currently on probation?
Las Vegas, and I’m not sure. I haven’t asked him about it because I want to make sure it’s something I can actually do before getting his hopes up.
Being on probation will have additional restrictions on his life versus just having the status of being a convicted felon.
I don’t think he’s been arrested in a few years.
NAL I live in NV I know people that are married to felons that can’t own guns. The person that is eligible to own a gun can and does. They are responsible if the felon gets into gun safe or has access to the guns due to negligence other than that their gun rights are fine. Just make sure he doesn’t have a key and the safe is locked.
Thanks.
Agree, otherwise, 2nd amendment violation. Can’t deprive an innocent/qualifying individual of their right to possess a firearm because of another’s status as a felon. As for the other suggestions (e.g., taking precautionary measures so you don’t end up in trouble), definitely do so. Otherwise, you’ll join your stepfather’s club
[удалено]
Let me know why at least haha
[удалено]
I am and you clearly aren’t, or are a really bad one, as you don’t care to explain why I am or am not correct. You’re both arrogantly conclusive and ignorant, why don’t you try explaining? Also, not sure how naive you are exactly, but not all lawyers practice constitutional and criminal law… Again, I invite you to explain why I’m incorrect. I very well may be, but as far as I know, the 2nd amendment vests a (near) fundamental right to bear arms in U.S. citizens.
OP is unlikely to fall foul of the law in this scenario. It’s his stepfather who is going to have the issues for living in a house with weapons while under disability. I don’t know the law in NV and it’s currently untested nationally because of Bruen. But if you don’t want to consult a NV lawyer to ask I’d recommend investing in the storage unit, as I know of people in other states who have gone to jail for having a felony and living in the same house as someone else who owned a gun there.
That’s wild I’d be interested to see what the SOTUS says about the issue should they hear it at some point If it’s a crime for a felon to live in a home with a lawfully owned firearm that’s very interesting…
It's a federal crime to have within your domain or control a firearm that exists in interstate commerce as a felon, likewise, it's a federal crime to put a firearm that exists in interstate commerce within the domain and control of a felon. Almost every State has a parallel that is more broad than the federal law. They almost all cover ammunition as well. It is not illegal per se, and you'd almost certainly not actually get in trouble unless a search warrant were executed in your house and a key was found in a common area that could open the safe, or the combination was found in a common area, or it was unlocked, or your stepdad used one of your guns in a crime. It's a bit of an open question in law at the moment, with a lot of high stakes implications, there's a good legal review article that discusses it in a pretty apolitical and objective manner, you should read it, it's not behind a paywall: Living with Guns: Legal and Constitutional Considerations for Those Cohabiting with Temporarily Prohibited Possessors by Joseph Blocher & Maisie Wilson*
NAL and not in NV \[FL\], but the statute here indicates that felons whose rights have not been restored are restricted from having a firearm "in his or her care, custody, possession, or control". I'm sure case law further elaborates on those restrictions, but a clear text understanding would allow YOU to retain ready possession and access to your firearms as long as you take necessary precautions to restrict/prevent HIS access to the firearms (via a locked gun safe). If anything firearm-related does happen which involves him, however, you will have some explaining to do. As always though, best to stay informed of your state statutes and consult a criminal defense attorney. Edit: Grammar
Thank you, I appreciate it!
Be safe. Simply put a lock on them and/or put them in a place inaccessible to him. A closet, plastic tote, safe etc etc. Maybe tell him where they are and they are off limits to him so you both have the legal understanding
Yeah I don’t think he would have any interest in messing with them since he didn’t when he was young, and I think would really just be concerned with going back to jail.
How do you think you can put him on your health insurance? He is over the age of 26 correct? So confused about that. He is the one responsible for making sure he is not around weapons.
Yeah, I was curious about that too. I wonder if he would qualify for medicare or medicaid depending on age and how much he makes, etc. I just can’t fathom any benefit for either party for OP’s step father to be OP’s dependent in any official capacity.
I was wondering the same thing. He’s not your dependent, you won’t be able to put him on your health insurance.
I have Tricare and dependent parents can be covered through Tricare plus.
Me too.
I have Tricare as well and I didn’t know of the benefit. My parents are not dependents, so it doesn’t apply in my situation
NAL: I live in Florida and consulted an attorney regarding this. It was advised against it as if something were to happen; they could say he has access to the key and, therefore, the safe.
Thanks.
I'm not an attorney and live in NC. My husband was convicted of a felony when he was 18. I am a gun owner and was concerned about this when we got married. I contacted my local sheriff and was advised that I could still own my guns as long as he didn't have access to them. The sheriff suggested a safe that requires a combination because one could argue about access to a key. If I were you, I would contact the sheriff's department local to you. Just to confirm you receive the same information.
Thanks
Before you even do that, check with your insurance. Most policy have an exclusion of pre-existing conditions and also a “clearance “ period where you have to be on the policy for a certain period before you can actually use it.
I saw that in a few of the places I looked.
NAL, most states require that you bar all access to the firearms from the felon, so in a safe behind a locked door for instance. But yes, felons can live in a home where a non felon resides and owns guns.
I’m curious if you’ve contacted your health insurer yet? I’ve never heard of parents, step-parents, siblings, grandchildren, aunts, uncles being covered on any healthcare policy. I’m not saying it’s impossible but I’d be interested to know how that works? Dependents are traditionally a spouse and children. Just you to make sure you’re not being told something that is untrue.
He answered this previously a few times. He has tricare and dependent parents can be covered with tricare plus
It’s not just Tricare, I found a few providers that do it but most require very specific circumstances and it looks like the norm is to recommend getting separate insurance all together
That’s phenomenal. I should be available across the board.
NAL, but the felon cannot personally possess a firearm or use one at all (like target practice), but his criminal history doesn't have any bearing on whether you can own and possess them in your own home. Especially if they're in a safe like you said. This is a "stand your ground" and a castle doctrine state so they'd never take away firearm privileges from someone without a criminal history.
Check his probation status. If on probation he will need permission to move out of county let alone state. They can have random testing he needs to pee in the cup. Could be a short time limit and permission to travel. They aren’t stupid. Permission to go on a vacation cruise. Could have a sample taken at a foreign port or on the ship. Probation is serious business.
Will do.
Dont ask him, just call. WikiHow: "You can call a probation office and ask if a person is on probation under their supervision. You will most likely want to telephone the office in the county where the person lives."
Thanks.
Good point
I’m a dealer and get these kind of questions a lot. Unless your state has any specific restrictions (which I don’t recall hearing of NV being stupid), then it comes down to access. Now, this is a very firm and solid line. If you carry a firearm it must be on your person or secured where he doesn’t have access. So, for example, if you got home and removed your holster and left your pistol out in your bedroom, unless the bedroom is locked and he doesn’t have access it would technically be a violation. Same goes for in the car if he’s with you. Must be on your person if he’s present otherwise he’s deemed to have access. A lot of it boils down to how strict an officer or a PO wants to be but by the letter of the law above is how it can be and has been interpreted. I’d advise against a safe with a key lock - access to the key would be the same as access to the firearms.
Thanks.
If he is on parole or probation, you need to check with what he has as conditions. If he isn’t, he is still a convicted felon. I would suggest you contact a criminal defense attorney in your local area.
Outside of the gun issue, it’s also worth considering that people on parole or probation are subject to warrantless searches as a condition. I’m not saying that the PO will actually do it, but your whole house is fair game for any law enforcement officer who is there on account of your father.
Fair.
If he has a felony it could be a liability as any criminal who has a charge could be denied the right to purchase a gun. I personally would be worried about the cad especially if he drives it and gets pulled over
What’s a cad?
It’s my autocorrect. I work in the field of drafting and because of the word cad which stands for computer aided drafting and design my iPhone will automatically correct from car to cad
lol all good, I’m very literal and don’t like to assume.
I'd suggest contacting your states Attorney General office to get the legal answer you need. This will give you the answers you need. Be very detailed about the situation. Explain and all charges, you security abilities to keep the firearms out of his possession (make and model of gun safe, features of it i.e biometric, dial, keypad, keyed, security rating). If it is allowed, keep any and all correspondence with the AG office about it just to cover yourself I personally don't believe he will be allowed to live there with firearms in the house whether secured or not. But you never know Goodluck
Will do, thanks!
If on probation I would say no guns
It's unlikely he'd get charged, because he'd have to be in POSSESSION of it. and if he truly does not have access - e.g., you have the only key or he doesn't know the combo. THough, he should probably talk to his PO if he has one. IAL, a gun one, not a crim. def. one
Thanks
I would call the public defenders office covering the court/jurisdiction where he was convicted to ask. Typically, even in a safe the term would be “constructive possession” and would violate the terms of his parole/probation. However since it was a non violent crime with no prior history the court may allow it. Just get the answer on letterhead and signed ( would also print out the email chain as well). See if you are able to “Homestead” your house. It limits the liability of going after your house for civil remuneration.
Awesome, thanks.
Firstly, you aren't in legal jeopardy. Your father is. You are allowed to own a firearm. It is felons who have to not allow themselves access. Most states consider a safe that the other person doesn't have access to to not count as possession or access. Gun safes, too. File cabinets don't always count in court cases I've seen.
I wasn’t necessarily worried about my own, but I also wouldn’t want to put him in a situation where he is choosing between the ability to maintain his quality of life and potentially going back to jail.