Felon living with a gun owner?

[scottrodmn]

I have a relative who was convicted of a felony drug charge over a decade ago and he is looking to come and live with us. I thought nothing of this until I was cleaning one of my guns and he said funny if I was to hold that I would be committing another felony and could go back to jail...This made a light bulb go off in my head, If this relative puts my address as his residence would that affect my owning of guns in anyway including my application for PTC later this year?? Now I am worried if anything was to happen that he or I would inadvertently be committing a crime due to my ownership of guns.

[Thunder71]

Should be in his papers what conditions are expected (I'm not a lawyer and don't play one on TV), therefore I'd talk to an attorney.

[LarryP]

I'm no lawyer either. Talk to a good attorney.

First thought is both of you could get into hot water thou.

[RobD]

Law prohibits felons to have access to firearms.

(g) It shall be unlawful for any person—
(1) who has been convicted in any court of, a crime punishable by imprisonment for a term exceeding one year;
...
to ship or transport in interstate or foreign commerce, or possess in or affecting commerce, any firearm or ammunition; or to receive any firearm or ammunition which has been shipped or transported in interstate or foreign commerce.

MN Statutes 624.713 Specifically limit possession.

BUT, there may be extra-legal conditions in the probation documentation, and the owner of the guns could be held criminally responsible not providing sufficient means to limit access firearms to a prohibited person.

NAL... Remember what you paid for this information.

[cabinetguy]

He should be able to have his firearm rights restored I believe, just not sure about how to go about it since I'm no felon. I believe he would need to talk to the sheriff and an attorney and appear before a judge to get them restored.

[scottrodmn]

The logical and reason side of me says as long as he would not be allowed access or be in possession of the guns we would be OK but then the Govt BS thoughts creep in that would be another way for them to criminalize an honest person....I suppose I could call the local sheriffs office and ask the question as they would be the ones who would likely make any contact with us.

[cabinetguy]

I've heard that that is the place to start at. I've got a friend who had a domestic assault charge about a decade ago too, and we were just talking about this very thing the other day. If you find anything out, let me know, as I would like to relay the info onto him about how he can go about it.

[RobD]

The logical and reason side of me says as long as he would not be allowed access or be in possession of the guns we would be OK but then the Govt BS thoughts creep in that would be another way for them to criminalize an honest person....I suppose I could call the local sheriffs office and ask the question as they would be the ones who would likely make any contact with us.

Maybe, and Maybe not... I'd go with the county attorney. LEOs and Sheriffs are not legal experts. The County Atty. is who would press charges (if they could)

[cabinetguy]

You can also learn more here: http://www.mncourts.gov/selfhelp/?page=276

[dragonb8]

Call Mark Berris berrislaw.com
(612) 332-3100
250 2nd Ave S, Ste 225, Minneapolis, MN

[Rip Van Winkle]

I think it has to do with access, but if it was me, before I exposed myself to a possible felony charge, I'd invest some time and money on a reputable lawyer.

[sprigfan]

I would definitely go the lawyer route. Asking the sheriff or the county prosecutor, the very people who would arrest and prosecute you, seems a bit risky. A very small risk, but I wouldn't want to be on their radar.

[FJ540]

I once asked the Roseville PD a question on transferring a handgun and they gave me bad info.

Don't ask the police.

[jgalt]

Law prohibits felons to have access to firearms.

(g) It shall be unlawful for any person—
(1) who has been convicted in any court of, a crime punishable by imprisonment for a term exceeding one year;
...
to ship or transport in interstate or foreign commerce, or possess in or affecting commerce, any firearm or ammunition; or to receive any firearm or ammunition which has been shipped or transported in interstate or foreign commerce.

MN Statutes 624.713 Specifically limit possession.

BUT, there may be extra-legal conditions in the probation documentation, and the owner of the guns could be held criminally responsible not providing sufficient means to limit access firearms to a prohibited person.

NAL... Remember what you paid for this information.

Is "possession" defined anywhere in MN law as it relates to firearms?

If I disarm prior to going into a prohibited place (a Post Office, for example) & leave my gun in the car with someone who does not have a carry permit, my understanding is that they are now in "possession" of that gun and can get into trouble. Assuming this is the case, I would assume that "possession" = "ready access to", not just "holding / touching / etc.", and unless you keep all of your firearms locked up (i.e. inaccessible) when you are not in direct control of them, then your relative would be in "possession" of those firearms any time s/he is in the house without you.

I also am not a lawyer, and I'd definitely contact Marc Berris were I you. I'd also have my relative pay for the consult, but that's just me...

[Mn01r6]

Law prohibits felons to have access to firearms.

(g) It shall be unlawful for any person—
(1) who has been convicted in any court of, a crime punishable by imprisonment for a term exceeding one year;
...
to ship or transport in interstate or foreign commerce, or possess in or affecting commerce, any firearm or ammunition; or to receive any firearm or ammunition which has been shipped or transported in interstate or foreign commerce.

MN Statutes 624.713 Specifically limit possession.

BUT, there may be extra-legal conditions in the probation documentation, and the owner of the guns could be held criminally responsible not providing sufficient means to limit access firearms to a prohibited person.

NAL... Remember what you paid for this information.

Is "possession" defined anywhere in MN law as it relates to firearms?

If I disarm prior to going into a prohibited place (a Post Office, for example) & leave my gun in the car with someone who does not have a carry permit, my understanding is that they are now in "possession" of that gun and can get into trouble. Assuming this is the case, I would assume that "possession" = "ready access to", not just "holding / touching / etc.", and unless you keep all of your firearms locked up (i.e. inaccessible) when you are not in direct control of them, then your relative would be in "possession" of those firearms any time s/he is in the house without you.

I also am not a lawyer, and I'd definitely contact Marc Berris were I you. I'd also have my relative pay for the consult, but that's just me...

http://www.saf.org/lawreviews/owen1.htm - From the 80's - will give you an idea of what to talk about when you are in your attorney's office getting good legal advice.