Unlocked around a felon

Discussion in 'Indiana Gun Forum' started by austin92, Oct 11, 2019.

  1. austin92

    austin92 Well-Known Member

    Couldn’t find a solid answer online anywhere. Been talking with a girl for a while now. I completely trust her. Well about 9 years ago I guess her boyfriend at the time decided he was going to rob a gas station and since she was waiting outside in the passenger seat, she also got charged. Now say I leave the house while she’s over and I don’t lock up my mossberg 500 or 1911 etc, are we both in trouble?
    winds-of-change and MisterMills like this.
  2. JimRau

    JimRau Well-Known Member Supporter

    The 'SHADOW' knows!;)

  3. microadventure

    microadventure Well-Known Member

    charged, or convicted?

    different states, different DAs, different interpretations....

    In NM or AZ it would not be a thing. in NY or CT or CA, the fairies would be all atwitter.

    if the firearms are within her reach, it could be argued that she is in control of them.

    if they are concealed and not within her reach, only an extreme dip**** liberal DA would argue that, but they do exist

    my advice, for all situations: get a cheap Sentinel combination lock safe, dial in the first two numbers and stop at zero on your way to the last number. don't tell anyone, and administer an unholy beating to anyone who turns the knob. everything is locked up, but you are one twist of the dial and one twist of the lever away from access.
  4. W.T. Sherman

    W.T. Sherman Well-Known Member

    if you have firearms, you should have a safe to secure your firearms, ill regardless of your GF
  5. primer1

    primer1 Well-Known Member Supporter

    In Terry's devotional several days ago, he mentioned one poll where 64% of Americans would lie to convenience themselves. I don't personally know you or her, and don't want to infer any wrongdoing, but I would make dang sure she wasn't actually complicit with the robbery. If not, have her try to get the conviction expunged, if possible.
    Last edited: Oct 11, 2019
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  6. Mercator

    Mercator Well-Known Member

    If she is a convicted felon, she will be responsible for illegally possessing a firearm, no matter how she obtained it. Stealing it from your safe would be extra. It is not a crime generally to have an unlocked firearm in your house. But if she gets caught with your gun you will likely have a major migraine.
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  7. JTJ

    JTJ Well-Known Member Supporter

    I will go with Microadventure. Charged or Convicted? If she was convicted and is a felon you might have a problem if she were to move in. I am not a lawyer so I would suggest talking to one before you get serious.
    kfox75, JRDallas and Rifling82 like this.
  8. Chainfire

    Chainfire Well-Known Member Supporter

    If you didn't strongly suspect that it was illegal, you probably wouldn't have asked.

    It doesn't make a damn whether you believe that the woman was convicted unfairly. A convicted felon is a convicted felon until such time as a court says otherwise. I have to assume that she had the chance to have her case argued before a court and the jury didn't buy her story.

    If you want to provide access to your firearms to a convicted felon, go for it, you will probably be lucky and no one will find out. But you will be mighty sorry if a fluke gets you and you end up with the same felony status. You just have to ask yourself, "Do I feel lucky?"

    If you are going to continue the relationship with the woman, my advice would be to lock your guns up.
  9. MisterMills

    MisterMills Well-Known Member

    I don't see why you would be in trouble, unless she has possession of the gun, when the cops arrive.

    And that presupposes that the cops will be called for some reason. Just don't let her have a gun, and you will be good.
    winds-of-change and big shrek like this.
  10. c3shooter

    c3shooter Administrator Staff Member Admin Moderator Lifetime Supporter

    Hi there! The Shadow here.....
    IF she was CONVICTED of a crime that COULD be punished by more than 12 months in jail (some misdemeanors fall in that category) she is a "prohibited person", and may not "possess" a firearm. She can also be on probation, a condition of which may be no contact with firearms.

    That means she cannot hold, touch, shoot, caress, lick, fondle or leave fingerprints on one. That is ACTUAL possession.

    She may not CONSTRUCTIVELY possess one. That means that one is left unsecured in her presence. On your belt- secured. Laid on the table, you walk out, leaving her in the room- unsecured. You leave the house, but leave her with the keys to the safe- unsecured.

    She is also prohibited from possessing ammunition.

    Now that legal advice is worth every penny you did not pay me for it, and if you/she ends up in court, you can be certain I will not be standing in court right beside you.

    The Shadow knows...…...
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  11. Sniper03

    Sniper03 Supporting Member Supporter

    I am certainly no attorney. But was in law enforcement for almost 30 years in a metro area. But the fact that YOU KNOW of her situation and felony conviction. And the fact knowing she is not to be anywhere around are guns. Kind of makes you an accessory to the violation by knowing and still allowing her to be present where gun/s are that can be accessible. OIMO! Kind of a rock and hard place situation. I suppose if you had the gun/s locked up in a secure safe at your residence. She was not staying there and had zero access to the safe that might be a tolerable situation? Because she absolutely could not be directly around or have access to the gun/s and ammunition while just visiting?:rolleyes:

    Last edited: Oct 11, 2019
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  12. partdeux

    partdeux Well-Known Member Supporter

    Constructive possession is the key as highlighted above.

    Any opportunity for expunging the conviction?
    towboater likes this.
  13. austin92

    austin92 Well-Known Member

    Not sure, something I’ll have to talk with her about. I have decent safe, well lockbox I guess. It’s not fire rated but it’s bolted to the floor and I definitely would not want to lose the key.

    Please don’t post on my threads.

    See I don’t want to play the “feeling lucky” game. That’s why I tried to research it, then asked here. I’m not saying fair or unfair convictions should justify law breaking but she’s a good woman and I believe it was wrong place at the wrong time. Plus she was like 19, who makes intelligent dating decisions at that age? Lol still no excuse to break the law, that’s why I’m educating myself.

    Valuable information, thank you.

    I knew about the general idea but not where the true line in the sand was. I do now. If this turns into something serious where she’s staying and I have to leave the house, they’ll get locked up. Inconvenient with the few hidden ones but I’m not about to give my firearm ownership.

    New question. As I understand it her and I could target shoot together, right?
  14. towboater

    towboater Well-Known Member

    No. She can not hold a gun in her hands at any time.
  15. austin92

    austin92 Well-Known Member

    Well good news is she said the only thing holding her back from getting it expunged is money. I appreciate all the input.
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  16. Sniper03

    Sniper03 Supporting Member Supporter

    Good luck and hope there might be the opportunity to get it expunged.
    I am glad she seems to have realized her mistake and got her life back on track!
    That is always a great accomplishment!;)
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  17. big shrek

    big shrek Well-Known Member

    It also depends on the City & State you are in...
    Liberal cities & states will nail her and you to the wall if given half a chance.
    DA's looking to make a name for themselves...etc...

    Buddy of mine is a convicted felon, he did stupid stuff as a young man and did 5 years in a Federal Pen. 20 years later, he's a hard worker, good guy, wife & kids. His wife got her father's gun collection when he died...had to put them in a safe that he does not have the combo to. As was said above, he can't leave a print on 'em or he's toast. He's trying to get a Pardon...as his conviction was Federal so he's got an even higher ladder to climb to restore his rights. Even then, since he isn't a rich guy, chances are slim.

    If she's a good gal, and you are thinking long-term, best to get the expungement done as quickly as possible. State level are easier to deal with.
  18. Mercator

    Mercator Well-Known Member

    Dangers of doing anything are often overstated on the Internet. People are afraid of liability but also pontificate due to old age. If both of you act in good faith it is extremely unlikely that you get in trouble. Go get a free consultation with a well regarded attorney, that in itself is good show of due diligence, and go from there.
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  19. SGWGunsmith

    SGWGunsmith Well-Known Member Supporter

    Does she have a lot of tattoos and piercings?
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  20. austin92

    austin92 Well-Known Member

    None, why?
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