Carrying around a felon

[pcgizzmo]

All,

I have a quick question. My brother in law has just gotten out of prision and lives in Oklahoma. He lives with my wifes parents at the time. His probation office told my father and mother in law to get all weapons out of the house. They know I carry when I come to town and told me I could no longer do this because he can't be around guns.

I understand the whole "felon in possesion of a weapon" thing. But I feel uncomforatable driving to Oklahoma w/out carrying my hand gun. Am I violating the law if I drive with my gun and store it in my truck while at their house? What if he decides to ride in the car with me and I have it on my person? He's not really in possesion of it right?

Is there a way for me to honor their wishes but protect myself and my wife when we are out and about in Oklahoma?

Thanks..

[maintenanceguy]

He can't possess. That doesn't mean he can't be next to somebody who is possessing. If so, he wouldn't be able to go to Walmart, the local diner, or to His probation officer's office.

Whether you can store a handgun in your truck in OK, I don't know.

[The Annoyed Man]

Why would I want to carry a felon around? Too heavy for me.

[RJGold]

As far as storing in your truck, get a lock box like NanoVault or some other vehicle safe that can be secured to your vehicle...

As far as carrying around your BIL, I'm not sure about the law for the house (why your PIL had to get rid of theirs), maybe because it's legally his residence?

As far as you carrying around him away from the house, I can't imagine it would be a problem...

Sorry I didn't cite any real facts, It's too early for all that googling this morning...

My two cents...

[Jumping Frog]

The federal law prohibiting possession of a firearm by a felon is not the issue. That is a red herring.

The issue is this felon cannot be around any firearms as a condition of parole. If he is discovered being around firearms, or in the company of someone who possesses firearms, he will be found to violate his parole and can be returned to jail.

If you or anyone else brings a gun into the house (without giving possession to the felon), you have not committed any crime but he could go back to prison.

If you have a gun locked in the car and he is a passenger, you have not committed any crime but he could go back to prison.

[jmra]

Why would I want to carry a felon around? Too heavy for me.

My exact thoughts when I read the title.

[Excaliber]

The federal law prohibiting possession of a firearm by a felon is not the issue. That is a red herring.

The issue is this felon cannot be around any firearms as a condition of parole. If he is discovered being around firearms, or in the company of someone who possesses firearms, he will be found to violate his parole and can be returned to jail.

If you or anyone else brings a gun into the house (without giving possession to the felon), you have not committed any crime but he could go back to prison.

If you have a gun locked in the car and he is a passenger, you have not committed any crime but he could go back to prison.

On the face of it, the above interpretation doesn't make a lot of sense. As pointed out below, he could be in violation by being near someone with a CHL while he has no way of knowing that person is armed. What distance constitutes "near"? Also it appears to unlawfully limit the rights of persons in his social circle who are not criminals and are not under parole. A verbal instruction from a parole officer may or may not have support in the law.

I'd suggest having a good look at the wording of his parole conditions to get more clarity.

[Jumping Frog]

I've had people whose opinion I trust (prosecutors, parole officers, etc.) explain it that way to me.

[philip964]

Why would I want to carry a felon around? Too heavy for me.

[E.Marquez]

All,

I have a quick question. My brother in law has just gotten out of prision and lives in Oklahoma. He lives with my wifes parents at the time. His probation office told my father and mother in law to get all weapons out of the house. They know I carry when I come to town and told me I could no longer do this because he can't be around guns.

I understand the whole "felon in possesion of a weapon" thing. But I feel uncomforatable driving to Oklahoma w/out carrying my hand gun. Am I violating the law if I drive with my gun and store it in my truck while at their house? What if he decides to ride in the car with me and I have it on my person? He's not really in possesion of it right?

Is there a way for me to honor their wishes but protect myself and my wife when we are out and about in Oklahoma?

Thanks..

Take this for what it is worth, including inflation.. $.002
Laws don't matter.........when it comes to a probation officer and his charge. ...kind of...mostly, well sort of.. Read on..

The law may say he can not be in possession (does say)However His probation officer can say, he can not be within 50 feet of a gun...or in the same house, building..ect.
The probation officer has GREAT latitude in the restrictions which can be imposed.. so it matters not what the LAW states, but what the PO states in practicality.
Before making a decision.... TALK with the specific PO that is handling the person in question. THAT is the guy that is going to have issue with your carrying or not..and it is his opinion that means the most to the parolee.

[puma guy]

Why would I want to carry a felon around? Too heavy for me.

He ain't heavy, he's his brother............in-law!

[fickman]

The federal law prohibiting possession of a firearm by a felon is not the issue. That is a red herring.

The issue is this felon cannot be around any firearms as a condition of parole. If he is discovered being around firearms, or in the company of someone who possesses firearms, he will be found to violate his parole and can be returned to jail.

If you or anyone else brings a gun into the house (without giving possession to the felon), you have not committed any crime but he could go back to prison.

If you have a gun locked in the car and he is a passenger, you have not committed any crime but he could go back to prison.

I agree. His parents have probably spent more money than we can imagine trying to support him and are just happy to have him home, regardless of how disappointed or embarrassed they may be. In this scenario, they'd probably be willing to move Heaven and Earth to protect him from being locked up again.

Not only does the PO have the authority to make up and interpret the rules very liberally, they can do surprise inspections of the home and every nook and cranny is fair game.

I'd recommend locking it in the car and just not taking him in the car as a compromise. I definintely understand not wanting to travel (ESPECIALLY to OKLAHOMA*) without it! :)



*Just trolling Sooners with this statement, nothing more.

[flechero]

All,

I have a quick question. My brother in law has just gotten out of prision and lives in Oklahoma. He lives with my wifes parents at the time. His probation office told my father and mother in law to get all weapons out of the house. They know I carry when I come to town and told me I could no longer do this because he can't be around guns.

I understand the whole "felon in possesion of a weapon" thing. But I feel uncomforatable driving to Oklahoma w/out carrying my hand gun. Am I violating the law if I drive with my gun and store it in my truck while at their house? What if he decides to ride in the car with me and I have it on my person? He's not really in possession of it right?

Is there a way for me to honor their wishes but protect myself and my wife when we are out and about in Oklahoma?

Thanks..

I wouldn't take a road trip with my family unarmed. So here is what I would do...

1. I would invite the in-laws to visit you occasionally, until the BIL moves out.

2. Or as stated, talk to his PO and see if he's ok with you securing the weapon in a vehicle or nanovault when visiting. If so, great... if not, revert to #1.

Just because he ruined his own life, doesn't mean he should be able to endanger that of you and your family. Best of luck- I know how sticky family things can get sometimes!

-

[RPBrown]

Not sure of Oklahoma laws on this but we had a young man stay with us for a while when he got out of prison. We had a home interview by the PO before he was released. I asked the PO this very question and was told that if it were in the house and not on my or my wifes person, then it?they would have to be locked in the safe providing the young man did not have access to the combination of the safe, which he didn't. He stated as long as we were in complete control of the weapon(s) then he was okay with it.

Now he also told us that if another PO were assigned for whatever reason, then he may have a different view on the subject and would have to keep them either off site or locked up. He said there were a few PO's that required that but not many. However, its up to the PO's discretion.

[Excaliber]

I've had people whose opinion I trust (prosecutors, parole officers, etc.) explain it that way to me.

I did some research and apparently you (and they) are right.

Still doesn't make sense to me, but I don't make the law in Oklahoma - or anywhere else.