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It is currently Thu Apr 18, 2024 5:41 pm
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Carrying a gun with a felon living in the house?
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Guntrader
In Memoriam
Location: Mukilteoish Joined: Sat Mar 26, 2011 Posts: 11595
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I have a friend who wants to get a CPL and carry a firearm, but her husband is a prohibited person. Does anyone know to what degree she would legally have to secure the firearm? In her purse, on her person, in a small biometric safe, in her car?
Thanks in advance.
_________________ NRA Endowment Member. How did they know my member was well endowed?
Last edited by Guntrader on Sat May 19, 2018 2:08 pm, edited 1 time in total.
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Thu May 17, 2018 12:46 pm |
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Ops
Site Supporter
Location: Piece/Clallam Joined: Wed Oct 17, 2012 Posts: 10688
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if they live in the same house she cant if she doesnt want the husband arrested.
its is considered constuctive possession
_________________Yaki's - last journeyPromote a Growth Mindset. Don't let a fixed mindset not allow change for the better.
pow·er trip - noun - a self-aggrandizing quest for ever-increasing control over others.
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Thu May 17, 2018 12:59 pm |
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leadcounsel
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Location: Can't say Joined: Sun Sep 7, 2014 Posts: 8134
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This is not something she should take casual internet advice on.
The results might very well be severe criminal penalties for both her (providing access of a firearm to a felon) or him (constructive possession of guns OR ammunition).
At minimum, while not legal advice, the gun AND ammo probably need to be on her person or locked in a safe for which he does NOT have access to (no key or combo knowledge). But I stress she needs to retain counsel and get a legal opinion with citations to protect both of them. And he probably needs to do so as well.
_________________ I defend the 2A. US Army Combat Veteran and Paratrooper: OIF Veteran. BSM and MSM recipient. NRA Lifetime. Entertainment purposes only. I'm a lawyer, but have not offered you legal advice.
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Thu May 17, 2018 1:21 pm |
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vic_b
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Location: Maple valley Joined: Thu Oct 27, 2011 Posts: 3528
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Got a friend in the same boat. Sold him a gun a few months ago and I still have it in my safe waiting for him to get her legal.
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Thu May 17, 2018 2:15 pm |
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TechnoWeenie
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Location: Nova Laboratories Joined: Tue Oct 25, 2011 Posts: 18454
Real Name: Johnny 5
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She needs safe storage that he does not have access to, like a safe he doesn't know the combination to.
She cannot relinquish control of the weapon at any point, it's either on her person, or in the safe.... Ditto goes with carrying in the vehicle. Can't just toss it in a locking center console if he has access to they keys.
_________________NO DISASSEMBLE!Thomas Paine wrote: "He that would make his own liberty secure, must guard even his enemy from oppression; for if he violates this duty, he establishes a precedent that will reach to himself."
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Thu May 17, 2018 7:33 pm |
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Selador
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Location: Index Joined: Thu Aug 23, 2012 Posts: 12963
Real Name: Jeff
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vic_b wrote: Got a friend in the same boat. Sold him a gun a few months ago and I still have it in my safe waiting for him to get her legal. Straw purchase?
_________________ -Jeff
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Thu May 17, 2018 8:59 pm |
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vic_b
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Location: Maple valley Joined: Thu Oct 27, 2011 Posts: 3528
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Selador wrote: vic_b wrote: Got a friend in the same boat. Sold him a gun a few months ago and I still have it in my safe waiting for him to get her legal. Straw purchase? Not really a purchase yet. No paperwork has been filled out and the gun is not yet fully paid and is still in my possession.
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Thu May 17, 2018 9:28 pm |
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Guntrader
In Memoriam
Location: Mukilteoish Joined: Sat Mar 26, 2011 Posts: 11595
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Thanks,
She went down and applied for her CPL, is waiting to buy a handgun until she figures out the rest. PD quoted her 8-12 weeks for the CPL to be mailed. Ya, RCW says 30 days but apparently there is no penalty if they wait to mail it.
But at least if she needs a gun in the months to come, she doesn't have to wait to pick it up from the store. Well, unless the NICS system isn't working.
_________________ NRA Endowment Member. How did they know my member was well endowed?
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Fri May 18, 2018 3:21 pm |
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MadPick
Site Admin
Location: Renton, WA Joined: Sun Mar 13, 2011 Posts: 52032
Real Name: Steve
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Guntrader wrote: PD quoted her 8-12 weeks for the CPL to be mailed. Ya, RCW says 30 days but apparently there is no penalty if they wait to mail it. That really fucking pisses me off.
_________________SteveBenefactor Life Member, National Rifle AssociationLife Member, Second Amendment FoundationPatriot & Life Member, Gun Owners of AmericaLife Member, Citizens Committee for the Right to Keep and Bear ArmsLegal Action Supporter, Firearms Policy CoalitionMember, NAGR/NFGRPlease support the organizations that support all of us.Leave it cleaner than you found it.
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Fri May 18, 2018 5:51 pm |
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Wacarry
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Location: Olympia Joined: Sun Oct 16, 2011 Posts: 3696
Real Name: Kelley
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I have a friend who’s son got arrested for drugs. Felony level. Attorney told the dad he couldn’t even have his own hunting rifle in the house, whether it was in a safe or not. He gave them to a friend to hold until the son moved out. This was about 7 years ago though.
But like LC said, contact a lawyer.
Internet advice is worth what you pay for it.
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Fri May 18, 2018 8:39 pm |
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Selador
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Location: Index Joined: Thu Aug 23, 2012 Posts: 12963
Real Name: Jeff
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Wacarry wrote: Internet advice is worth what you pay for it. ~80 bucks a month?
_________________ -Jeff
How can I help you, and/or make you smile, today?
You are entitled to your opinion. You are not entitled to tell me what mine must be.
Do justice. Love mercy.
“I would rather have questions that can't be answered than answers that can't be questioned.” ~ Richard P. Feynman
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Fri May 18, 2018 8:44 pm |
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NWGunner
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Location: South Seattle Joined: Thu May 2, 2013 Posts: 12475
Real Name: Steve
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Guntrader wrote: I have a friend who wants to get a CPL and carry a firearm, but her husband is a prohibited person. Does anyone know to what degree she would legally have to secure the firearm? In her purse, on her person, in a small biometric safe, in her car?
Thanks in advance. You've received some advice, to varying degrees, that answers your main question.... Erring on the side of caution and waiting, while getting her husband to apply to have his rights reinstated, seems the most prudent. Pepper spray, knives less than 3", and self- defense classes would be the carry of choice while waiting, as well as the aforementioned legal advice.
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Fri May 18, 2018 9:22 pm |
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quantsuff
Site Supporter
Location: central wa Joined: Mon Mar 21, 2011 Posts: 3554
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NWGunner wrote: Guntrader wrote: I have a friend who wants to get a CPL and carry a firearm, but her husband is a prohibited person. Does anyone know to what degree she would legally have to secure the firearm? In her purse, on her person, in a small biometric safe, in her car?
Thanks in advance. You've received some advice, to varying degrees, that answers your main question.... Erring on the side of caution and waiting, while getting her husband to apply to have his rights reinstated, seems the most prudent. Pepper spray, knives less than 3", and self- defense classes would be the carry of choice while waiting, as well as the aforementioned legal advice. And a small, strong, EDC flashlight.
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Sat May 19, 2018 9:11 am |
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Arisaka
Site Supporter
Location: Tacoma Joined: Sat May 4, 2013 Posts: 6214
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NWGunner wrote: Guntrader wrote: I have a friend who wants to get a CPL and carry a firearm, but her husband is a prohibited person. Does anyone know to what degree she would legally have to secure the firearm? In her purse, on her person, in a small biometric safe, in her car?
Thanks in advance. You've received some advice, to varying degrees, that answers your main question.... Erring on the side of caution and waiting, while getting her husband to apply to have his rights reinstated, seems the most prudent. Pepper spray, knives less than 3", and self- defense classes would be the carry of choice while waiting, as well as the aforementioned legal advice. Pepper spray, knife and self defense training is also very good even if you have a cpl.
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Sat May 19, 2018 12:26 pm |
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NWGunner
Site Supporter
Location: South Seattle Joined: Thu May 2, 2013 Posts: 12475
Real Name: Steve
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quantsuff wrote: NWGunner wrote: Guntrader wrote: I have a friend who wants to get a CPL and carry a firearm, but her husband is a prohibited person. Does anyone know to what degree she would legally have to secure the firearm? In her purse, on her person, in a small biometric safe, in her car?
Thanks in advance. You've received some advice, to varying degrees, that answers your main question.... Erring on the side of caution and waiting, while getting her husband to apply to have his rights reinstated, seems the most prudent. Pepper spray, knives less than 3", and self- defense classes would be the carry of choice while waiting, as well as the aforementioned legal advice. And a small, strong, EDC flashlight. Definitely, can't believe I omitted that, thanks.
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Sat May 19, 2018 1:36 pm |
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