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-   -   Is a gun allowed in my home? (http://www.firearmstalk.com/forums/f97/gun-allowed-my-home-65990/)

beastmode986 06-07-2012 07:37 PM

Is a gun allowed in my home?
 
Ok so to start this thread off let me say my mom divorced my dad remaried divorced and remarried (yes i know :mad:) However my stepdad now is really cool. He supports everything i do and helps any way possible.Now heres the bad part when he was around 26ish he was arrested for selling cocaine. Not his brightest idea he was in jail for around 6 or 7 years. He is out of jail now and has been for well over a decade.He met my mom 3 years ago.He has completely changed in a good way. Now he is a peaceful caring person and i would hae never suspected him to be a person that was convicted. He is always giving me good advice and tells me how he was stupid when he was young and is always making sure i do good in school and behave.Im 14 btw and he says hes cool with me getting into shooting, But heres the problem he was convicted of what i believe was a class x felony and when he was going to be released the judge said he either serves an extra 10 years or he cn get out now but he is not allowed to own a firearm and said he cant do a few other things. So he said hell get out then instead of serving extra time(remember this was over a decade ago) so he said before i go and buy a gun make sure i can legally keep it in the house. That being said what do you guys think? Can i own a firearm and keep it in the house?

Also i personally think certain people deserve a second chance, He is very responsible now and i honestly think him not being able to own a gun himself is very unconstitutional.I say that because i would love to have him come hunting or shooting with me.Also i find it extremely unconstitutional for my rights to be restricted just because he is in the same house, besides i would keep the gun locked up unless im going to the range.


opinions?

marc29th 06-07-2012 08:09 PM

You're 14 and can not legally own a gun, so your mother would have to own it first of all. 2nd if found out your step-dad will likely go to jail. If you still want to pursue it ask your step-dads lawyer for his opinion.

beastmode986 06-07-2012 08:15 PM

my mom said shes cool with me going shooting as well so cant she gift me a gun?

orangello 06-07-2012 08:16 PM

In some jurisdictions, it is my understand AS A NON-ATTORNEY that it has been established in court that the spouse can possess the firearm so long as the spouse with the past problem has NO ACCESS to the firearm. The mother in this situation could keep it in a secure safe that the husband could not access.

This is a question for a local attorney with an interest in firearms law.

In SOME jurisdictions, i have heard that the law doesn't consider black powder arms to be "firearms" (following the federal definition) and that persons prohibited from owning "firearms" (not just "any deadly weapon") are allowed to own/use those black powder arms that don't fit the BATF definition of a "firearm". I would want a letter from a judge spelling out that i could use a BP arm, were i a former felon.

You would probably be safe with a air-powered target rifle.

marc29th 06-07-2012 08:22 PM

Quote:

Originally Posted by beastmode986
my mom said shes cool with me going shooting as well so cant she gift me a gun?

Not until you are 18, then see can.

orangello 06-07-2012 08:33 PM

As you may have noticed, opinions & interpretations vary. That should evidence why you will need to talk to an attorney.

Quote:

Q: May a parent or guardian purchase firearms or ammunition as a gift for a juvenile (less than 18 years of age)?
Yes. However, possession of handguns by juveniles (less than 18 years of age) is generally unlawful. Juveniles generally may only receive and possess handguns with the written permission of a parent or guardian for limited purposes, e.g., employment, ranching, farming, target practice or hunting.

[18 U.S.C. 922(x)]
From the website for the BATF (not your local laws which could be more limiting). http://www.atf.gov/firearms/faq/unlicensed-persons.html

beastmode986 06-07-2012 08:36 PM

I assume non licensed is someone without a. a ffl b. state id c. drivers license

trip286 06-07-2012 08:38 PM

Stick to black powder until you get out on your own. And be sure to double check on that one with a local attorney.

mountainman13 06-07-2012 08:38 PM

I would not recommend having a firearm in a house with a felon. I'm not bashing your stepfather. My step brother (former marine sniper and war vet) was (in my opinion) wrongly convicted of attempted murder on his girlfriend. He was released from prison and having nowhere to go is living with my father. I have all of my fathers firearms at the suggestion of his lawyer.

orangello 06-07-2012 08:39 PM

Quote:

Originally Posted by beastmode986 (Post 828307)
I assume non licensed is someone without an ffl?

Yes; that is my understanding.


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