Can a CHL Holder Carry while with a Felon?

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JSir
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Can a CHL Holder Carry while with a Felon?

#1

Post by JSir » Thu Dec 09, 2010 4:05 pm

My brother has been in prison for 14 years and is being released in a few days. He was a dumb kid who attempted to rob someone when he was 17 and is now set to release. My question is that I am a CHL holder and we have concerns that maybe he could get in trouble if I was carrying while he was with me. I know when he comes to my house the best thing is to lock all my firearms in the safe. This is not because I think he would even think of touching them, but so I am not breaking any laws by providing him access firearms.

What do you guys think?

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Beiruty
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Re: Can a CHL Holder Carry while with a Felon?

#2

Post by Beiruty » Thu Dec 09, 2010 4:32 pm

If you are riding the bus and there was a felon in the bus, did you commit a crime? I guess.
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LarryH
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Re: Can a CHL Holder Carry while with a Felon?

#3

Post by LarryH » Thu Dec 09, 2010 4:36 pm

If you do not allow him to have access to your carry weapon (or any others that you own), you're OK.

If he "owns" a weapon or has "effective control", that's where the problems start.

On the other hand, if you and he are out together and are attacked, you are wounded and he picks up your gun and defends the two of you, although he is technically in violation, a reasonable LEO/DA/judge/jury would/should overlook the technical violation.
Last edited by LarryH on Thu Dec 09, 2010 4:38 pm, edited 1 time in total.

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Keith B
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Re: Can a CHL Holder Carry while with a Felon?

#4

Post by Keith B » Thu Dec 09, 2010 4:38 pm

LarryH wrote:If you do not allow him to have access to your carry weapon (or any others that you own), you're OK.
:iagree: As long as you are in control of the weapons and they are not readily accessible to him (on your body or locked up in a safe), then it should be no problem.
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JSir
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Re: Can a CHL Holder Carry while with a Felon?

#5

Post by JSir » Fri Dec 10, 2010 8:57 am

Thanks guys!!

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TexasGal
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Re: Can a CHL Holder Carry while with a Felon?

#6

Post by TexasGal » Sat Dec 11, 2010 7:55 pm

I think we all will help out to the degree we can with our ideas on this question, but the rubber meets the road with your local district attorney.

Find out from his or her office how this is viewed should there be a problem with an officer who believes in arresting the felon and then letting the court sort it out. Read his paperwork on his release for any guidelines on firearms very carefully. For instance, my husband did a particularly stupid thing a year and half ago and was on probation for a misdemeanor for 6 months.

Even though it was a misdemeanor, not a felony, while he was on probation, I could not have any firearms on me, in my car, or in my home if he was present. Even if they were clearly MY guns. His probation would have been immediately revoked. This was sternly explained to us by his lawyer, his probation officer, and the judge. My questions and objections based on my 2A rights meant NOTHING. His lawyer told us it was all about what the state and the district attorney considered proper.

Our opinions on this forum are helpful, but you need to get advice from the very people who would be deciding to arrest and charge him or not. You will feel horrible if he gets into trouble again because of your gun. Just my personal experience.
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