Carry while in presence of a felon

[RPBrown]

My wifes little brother is to be released from prison in September and is going to be staying with us for a while until he gets back on his feet. He will be still on parole however.

I know that this will not stop me from carrying and I know I have to have it where he cannot have access (in my safe when not on my body). But can someone please show me where it says that in the law. My wife is telling me that we will have to store them off site until he moves out but I disagree and need to show her the law in writing.

Your help would be greatly appreciated.

[C-dub]

I don't know where to find it, but it might be a federal law.

[Jumping Frog]

It is legal for you to have possession, you are not committing a crime if he has no access to the firearms (federal law).

However, assuming he will be on probation (as would be expected), it is usually a condition of probation that there not be any firearms in the home. So even your locked up guns could be a parole violation and get him sent back to prison. I've gotta side with your wIfe on this one.

[RPBrown]

I still need to see the law concerning this. It has been discussed at length here before and the general thoughts are as long as he does not have access it would be okay.
Just need to see the written law one way or another.

[Right2Carry]

I still need to see the law concerning this. It has been discussed at length here before and the general thoughts are as long as he does not have access it would be okay.
Just need to see the written law one way or another.

Your best bet may be to visit or place a phone call to a probation office. Speak to a supervisor and see what the rules are regarding storage of firearms in a safe.

[Keith B]

TPC 46.04 contains the information about possesion by a felon
http://www.statutes.legis.state.tx.us/d ... /PE.46.htm" onclick="window.open(this.href);return false;

[RPBrown]

TPC 46.04 contains the information about possesion by a felon
http://www.statutes.legis.state.tx.us/d ... /PE.46.htm" onclick="window.open(this.href);return false;

As I read this it only states he cannot be "in possesion of". So as long as we keep it totally out of his possesion, as in a safe that he does not have access to, then we are okay. Is that correct? (I dont read legalease very well)

[WildBill]

It is legal for you to have possession, you are not committing a crime if he has no access to the firearms (federal law).

However, assuming he will be on probation (as would be expected), it is usually a condition of probation that there not be any firearms in the home. So even your locked up guns could be a parole violation and get him sent back to prison.

I still need to see the law concerning this. It has been discussed at length here before and the general thoughts are as long as he does not have access it would be okay. Just need to see the written law one way or another.

There is no written law to that will answer your question. The real question is not about you, it's about your BIL. He is the one who will have to be concerned about being around firearms, not you. IANAL.

TPC 46.04 contains the information about possesion by a felon
http://www.statutes.legis.state.tx.us/d ... /PE.46.htm" onclick="window.open(this.href);return false;

As I read this it only states he cannot be "in possesion of". So as long as we keep it totally out of his possesion, as in a safe that he does not have access to, then we are okay. Is that correct? (I dont read legalease very well)

IANAL
You may be okay, but your BIL may not. The laws that affect you are totally seperate from the terms of his parole or probation terms or a court order. Either one can go beyond the restrictions of other laws.

For example, there is no law that says he can't hang around with felons. But if the conditions of parole or probation are that he can't hang around with felons, he can be put back in prison if he violates the terms. IANAL, but this could mean that you could keep your firearms on your kitchen table and not violate any law. On the other hand, your BIL could be sent back to prison for being around them.That is why some people are suggesting that you should read the legal documents or talk to his probation officer.

[Jim Beaux]

As I understand it parolees are considered wards of TDCJ & can have their parole revoked in the blink of an eye. I knew a parolee who refused to take a breathalyzer. The police said no problem & returned him to the pen to finish his sentence.

As was suggested above, your BIL should make "durn-burn" certain of the rules.

[MoJo]

Every parole and probation is different, your BIL will be on parole so, it's his responsibility to know and abide by his parole officer's directions. I don't think you will have a problem but, he sure may. Consult an attorney or the local parole office.

eta: I just called my buddy who is an attorney. Criminal law isn't his primary area of practice but he said the homeowner should be OK if the guns are kept in the home but, your BIL may not because of dumb parole rules. His advise was to store them off site to protect your BIL.

[E.Marquez]

His advise was to store them off site to protect your BIL.

IMHO, cart before the horse.....

Speaking to the parole officer that is the ONLY opinion that counts..... and of course get it in writing.

Once that person of authority, the one whose interpretation matters and enforcing the rules and conditions of the BIL’s parole has been openly approached, and his opinion delivered… Then the OP will make the next choice.. Store his firearms off site.. Store the BIL off site, or abide by the parole officer’s decision that firearms in the house are ok if……….x..y..z.. is done.

[LeonCarr]

Store the BIL offsite for his safety and yours.

You, as a law abiding citizen, should not have to alter your life and constitutional rights for a convicted felon/parolee.

Just my .02,
LeonCarr

[WildBill]

Store the BIL offsite for his safety and yours.

You, as a law abiding citizen, should not have to alter your life and constitutional rights for a convicted felon/parolee.

Just my .02,
LeonCarr

The OP never stated was the conviction was. That could alter the parole conditions quite a bit.

[RPBrown]

He got caught with some drugs (never said he was the brightest light) in his pocket. Got a 2 year sentence, will have served 13 months by time he gets out. Not a bad dude, just not real smart.

Other than our kids and grandkids, he is the only family my wife has so he really has no where else to go. However, if I have to relocate my guns he may have to find somewhere else but thats a fight (with the wife) for another day. I may build the garage into a 1 room apartment and "rent" it to him with no other access to the house other than the front door.

[WildBill]

He got caught with some drugs (never said he was the brightest light) in his pocket. Got a 2 year sentence, will have served 13 months by time he gets out. Not a bad dude, just not real smart.

Other than our kids and grandkids, he is the only family my wife has so he really has no where else to go. However, if I have to relocate my guns he may have to find somewhere else but thats a fight (with the wife) for another day. I may build the garage into a 1 room apartment and "rent" it to him with no other access to the house other than the front door.

I think that his parole terms may be more lenient than someone convicted of a violent crime.