Posted: 5/25/2009 10:58:06 AM EDT
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So my friend (in Virginia) is considering purchasing a handgun. His roommate has a felony conviction and gets off probation in January (set a porta potty on fire and stole fire extinguishers from school busses to put it out).
The question is thus. Can my friends roommate get in trouble if my friend buys a gun? I know the roommate is not allowed to own/buy/handle one, but if my friend buys one is there any way the roommate can get in trouble? Thanks, ~FtB |
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Quoted:
So my friend (in Virginia) is considering purchasing a handgun. His roommate has a felony conviction and gets off probation in January (set a porta potty on fire and stole fire extinguishers from school busses to put it out). The question is thus. Can my friends roommate get in trouble if my friend buys a gun? I know the roommate is not allowed to own/buy/handle one, but if my friend buys one is there any way the roommate can get in trouble? Thanks, ~FtB Yes, depending on State and Local laws, BOTH of the people involved here could face charges. You would need to consult with a practicing Attorney in Virginia to get a remotely useful and detailed answer, but in short: either or both roommates could be in legal trouble. In most States, a Felon may not have Firearms 'under their control.' This has been taken to mean everything from "not on their side of the bed" to "locked in an approved vault for which only the legal owner (non-felon) has the combination" to "no way, not at all in the same house." So, in some places, if your friend purchased a Handgun and brought it home, then failed to lock it in a vault, he could be charged with providing a Firearm to a Felon/Prohibited Person. Not everywhere, but in some places. So, in short, check with an Attorney in Virginia for the actual answer in that State. BTW, due to all the potential legal issues I would NEVER live with a Felon, no matter how silly the crime for which they were convicted and how good their actual character. Life is too short to invite unnecessary trouble like that. FluxPrism |
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Yes.
"Possession" does not mean just "ownership." If a prohibited possessor has ready access to a gun, that = "possession." Charges/penalties depend on how much of a hoplophobic horse's ass the prosecutor is (and/or the judge). Don't have cites at hand, but I recall reading fairly recently about a woman who kept her guns in a locked gun case with glass front. Judge ruled that prohibited possessor husband had ready access to/possession of the guns, because "all" he needed to do was break the glass or break the lock. Another case involved a driver who had a pistol in the center console of the car, while prohibited possessor was a passenger. Potential charges against friend would be something like "negligent entrustment," or possibly even "conspiracy" or "accomplice." On the other hand, if the roommate is a gangsta rapper, there should be no problem. http://www.telegraph.co.uk/news/worldnews/northamerica/usa/barackobama/5373031/Rapper-T.I.-spared-long-prison-term.html |
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Quoted:
Quoted:
So my friend (in Virginia) is considering purchasing a handgun. His roommate has a felony conviction and gets off probation in January (set a porta potty on fire and stole fire extinguishers from school busses to put it out). The question is thus. Can my friends roommate get in trouble if my friend buys a gun? I know the roommate is not allowed to own/buy/handle one, but if my friend buys one is there any way the roommate can get in trouble? Thanks, ~FtB Yes, depending on State and Local laws, BOTH of the people involved here could face charges. You would need to consult with a practicing Attorney in Virginia to get a remotely useful and detailed answer, but in short: either or both roommates could be in legal trouble. In most States, a Felon may not have Firearms 'under their control.' This has been taken to mean everything from "not on their side of the bed" to "locked in an approved vault for which only the legal owner (non-felon) has the combination" to "no way, not at all in the same house." So, in some places, if your friend purchased a Handgun and brought it home, then failed to lock it in a vault, he could be charged with providing a Firearm to a Felon/Prohibited Person. Not everywhere, but in some places. So, in short, check with an Attorney in Virginia for the actual answer in that State. BTW, due to all the potential legal issues I would NEVER live with a Felon, no matter how silly the crime for which they were convicted and how good their actual character. Life is too short to invite unnecessary trouble like that. FluxPrism Thanks for the detailed answer. Thats very helpful. They've known eachother a long time, I think thats why the felony wasn't a big deal when they moved in. Thanks again for the detailed response. |