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-   -   Felon Firearm Posession Question (http://www.calguns.net/calgunforum/showthread.php?t=818081)

da crab 09-04-2013 2:50 AM

Felon Firearm Posession Question
 
So I have a friend who has a felony on his record. 2 years ago I took his son to hunter's safety class and I have taken the son hunting a few times in the past 2 years. Last week my friend wanted to go dove hunting with me so that he could watch his son hunt. Even though they would of drove down separately and his son (15 years old) would of shot one of my guns under my supervision, I told my friend I was pretty sure that the gun could be seen as " in his possession or control". Neither him or his son ended up going hunting. I told my friend that I will only take his son hunting. So my questions are:

Is taking the son hunting with his dad watching a violation of the law?

What if the kid was 18?

My thoughts are that it would be a violation since I would be giving a gun and ammo to a minor who's parent is present and has a felony. And since the minor is under the "control" of the parent , then I am giving a felon "control" of the gun and ammo.

I told my friend that I am never going to take him hunting. I'm positive it would be a violation, and wouldn't even risk doing anything close close to this. Thanks.

Eric B 09-04-2013 2:55 AM

I wouldn't make that arrest. I couldn't, in good conscience, show that your friend had control of/access to a firearm.

benjamin101677 09-04-2013 3:43 AM

I agree with Eric B, I wouldn't make the arrest. This case would never get filed, so I would say go ahead and do it. Also fish and game under normal circumstances does not normally run anybody's criminal history when they find people out hunting.

Bert Gamble 09-04-2013 5:57 AM

This is a really good question, and I am glad it was asked. I will add on if that is ok. If a prohibited person comes to my house and there is an unlocked gun in my bedroom, is he in violation, even if he doesn't go in the bedroom?

Eric B 09-04-2013 8:36 AM

Quote:

Originally Posted by Bert Gamble (Post 12228704)
This is a really good question, and I am glad it was asked. I will add on if that is ok. If a prohibited person comes to my house and there is an unlocked gun in my bedroom, is he in violation, even if he doesn't go in the bedroom?

For starters, it would be very difficult to for LE to detect this, right?

If I were serving a warrant at the house and found this condition, he may be arrested for it and this is just because I'm already there investigating criminal activity. Otherwise, how would anyone ever know this scenario existed?

I have arrested a felon/probationer who occasionally resided in a bedroom where his family kept guns and ammo in a decorative glass display cabinet. A 1/16" thick piece of glass an a half assed lever lock is hardly denying him access.

I would not worry about your scenario unless you and and said felon are into nefarious dealings.

Petro6golf 09-04-2013 3:48 PM

So heres the deal, if you run someone in Clets or over the radio, it just says if his license is valid or if the person has wants or warrants. nothing about a felony. As a cop you would have to get a printout of his criminal history through your records division and you need a case number or a valid reason and its fairly time comsuming calling the records person, having them look them up then look through their criminal history to see if they have a felony. A couple of guys hunting I highly doubt some random deputy or fish and game cop would bother to go that far on a normal contact. Now if your buddy looks like a tweek or has prison tattoos on his hands or face the cop might dig deeper. Random looking guy with his kid shooting you would be fine.

North Bay Guy 09-04-2013 4:53 PM

I asked a very similar question a while back. The answer I got was if the a felon is on parole or probation then they can't be around guns period. If the felon has done their time is off parole or probation then they can be around guns but can not handle, touch, possess etc. a gun. I'm am not a lawyer that's just the answer I got when I asked basically the same question.

Unit74 09-04-2013 6:02 PM

Since you are controlling the gun, I don't see the issue. Kid isn't a prohibited person, pops is. Unless you could prove he had possession, there is no crime.

Take the kid hunting and enjoy.

WyattandDoc 09-04-2013 6:14 PM

Quote:

Originally Posted by Petro6golf (Post 12232305)
So heres the deal, if you run someone in Clets or over the radio, it just says if his license is valid or if the person has wants or warrants. nothing about a felony. As a cop you would have to get a printout of his criminal history through your records division and you need a case number or a valid reason and its fairly time comsuming calling the records person, having them look them up then look through their criminal history to see if they have a felony. A couple of guys hunting I highly doubt some random deputy or fish and game cop would bother to go that far on a normal contact. Now if your buddy looks like a tweek or has prison tattoos on his hands or face the cop might dig deeper. Random looking guy with his kid shooting you would be fine.

Where do you work? Any time we run someone over the radio or on the box, the first thing that pops up is if they're on probation or parole.

To the OP. Many conditions are included in ones parole status. Search conditions, associations etc etc. He can be taken for the bullet. You or the kid will be OK. You are in violation of no statute. I also agree with some of the previous posts in that it would be a really chicken sheet arrest.

WyattandDoc 09-04-2013 6:17 PM

Petro6golf.......my bad, I mis-read your post. You're correct a past felony will not be voiced unless he's on current parole/probation. I'll shut up now...Be safe

WyattandDoc 09-04-2013 6:25 PM

This is the second time I've put my key board in my mouth in Felon Possessing Firearms questions. Think I'll stay away from those for awhile.

Petro6golf 09-05-2013 12:36 AM

Quote:

Originally Posted by WyattandDoc (Post 12233442)
This is the second time I've put my key board in my mouth in Felon Possessing Firearms questions. Think I'll stay away from those for awhile.

No stress. If hes on probation or parole then thats a different story. an old felony wont show up.

Bert Gamble 09-05-2013 8:16 AM

Quote:

Originally Posted by Eric B (Post 12229373)
For starters, it would be very difficult to for LE to detect this, right?

If I were serving a warrant at the house and found this condition, he may be arrested for it and this is just because I'm already there investigating criminal activity. Otherwise, how would anyone ever know this scenario existed?

I have arrested a felon/probationer who occasionally resided in a bedroom where his family kept guns and ammo in a decorative glass display cabinet. A 1/16" thick piece of glass an a half assed lever lock is hardly denying him access.

I would not worry about your scenario unless you and and said felon are into nefarious dealings.

Very good points, and thank you for the answer. Definately no nefarious dealings going on. I just don't like to break the law, even if I there is little chance of getting caught. This is how I stay one of the good guys. ;)

Dwikkles 09-09-2013 4:00 PM

Quote:

Originally Posted by Bert Gamble (Post 12237038)
Very good points, and thank you for the answer. Definately no nefarious dealings going on. I just don't like to break the law, even if I there is little chance of getting caught. This is how I stay one of the good guys. ;)

I just want to point out that many many good guys bend the law every now and then. Especially the stupid laws, of which there are plenty.

Nothing wrong with being the type to play it safe though.

surreptitious 09-09-2013 4:20 PM

Quote:

Originally Posted by Bert Gamble (Post 12237038)
Very good points, and thank you for the answer. Definately no nefarious dealings going on. I just don't like to break the law, even if I there is little chance of getting caught. This is how I stay one of the good guys. ;)

Good luck! Chances are (especially in California) that you're breaking plenty of laws you don't even know about. :-)


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