TexasCHLforum.com

My step-son is an ex-convict, penalty time completely served. He is worried that if he is in my accompaniment while I am armed, he may be in some kind of violation and subject to returning to prison. I am a chl holder. Any thoughts or comments are welcome.

charleswhitecotton wrote:My step-son is an ex-convict, penalty time completely served. He is worried that if he is in my accompaniment while I am armed, he may be in some kind of violation and subject to returning to prison. I am a chl holder. Any thoughts or comments are welcome.

As long as he is not in possession of the firearm, and does not have access to it (such as at your home when you aren't there), then there shouldn't be any problem. If he's got any kind of probation though, he needs to check the terms because there could be something in there.

charleswhitecotton wrote:My step-son is an ex-convict, penalty time completely served. He is worried that if he is in my accompaniment while I am armed, he may be in some kind of violation and subject to returning to prison. I am a chl holder. Any thoughts or comments are welcome.

I would say that is false assumption for a couple of reasons: 1) you don't lose your rights just because he lost his; and 2) the issue is one of who has control, or what is called "constructive possession." In the case of a spouse with a convicted felon for a husband or wife, it is a different issue and there is some gray area. For instance, if I own an NFA item like a suppressor and I keep it in my safe, and I am married, and then I unexpectedly die, then BATFE deems my wife to have "constructive possession" of the item , whether or not she has the combination to the safe. If she is a convicted felon, she then has a big problem. If she is not already named as a trustee on the NFA trust under which I bought the suppressor, then her constructive possession is against the law whether or not she is a felon because it is an NFA item. BUT..... if my wife is a convicted felon, I don't give up MY general right to keep and bear arms.......and as long as I have control over the firearm and access to it, then my wife is not at legal liability so long as she has neither access nor control over it. The "gray area" is whether or not keeping a gun in your safe inside the house constitutes constructive possession for your felonious wife. IANAL and IDNPOOTV, so someone else will have to clarify that point.

However, your SIL is NOT your wife, and unless he is living in your homed under your roof, then you really don't have anything to worry about and neither does he (other than the fact that a grown man ought not to be living with his in-laws). After all, how can his parole officer have any way of knowing whether some other random citizen is armed with whom he is likely to come into contact? Now, if something were to happen to you and he took possession of the gun from your body, then he's going to have some 'splainin' to do.

RottenApple wrote:... If he's got any kind of probation though, he needs to check the terms ...

^^^^^^^^^^^ This.

You certainly cannot get in trouble, but if he is under probation he needs to be scrupulously careful to follow the probationary rules.

I usually answer this question with a question of my own. "Is he allowed to stand next to a police officer waiting in line at Walmart?"

I agree he should read and understand what he agreed to do and not do. Ideally, he should have done that before agreeing to the conditions. If he doesn't understand the terms of his probation, he should talk to a lawyer. IANAL.

Interesting OP name...... its obviously not "our" Charles Cotton, and well, interesting..

Teamless wrote:Interesting OP name...... its obviously not "our" Charles Cotton, and well, interesting..

Welcome to the forum! I, too, did a double take on your name, as the board is run by Charles Cotton, an attorney heavily involved in the legislature and NRA who has arguably done more to further the rights of gun owners in Texas than anyone else.

Welcome to the forum Mr. Whitecotton. Glad to have you here. This is the place for quesitons and answers.

As others have stated as long as he doesn't have possesion or is not in control of the firearm then he should be OK. But do check terms of his probation. Shouldn't be an issue, but better to check.

And if you have fireams in the home and he is ever left there alone, make sure they are locked away and he has no key or combination to the access.

Maybe I wasn't clear on my original post. My step-son served his penalty time, ie, no probation is involved. Should/will this make any difference?

charleswhitecotton wrote:Maybe I wasn't clear on my original post. My step-son served his penalty time, ie, no probation is involved. Should/will this make any difference?

If he is not on probation and the ruling is he cannot be in possesion of a firearm as a felon, then there should be no issue as long as he is not in control of the gun. That means don't leave it in the car or home where it is unsecured and he could be considered having control of it. If it is on your body or locked in a safe that he has no access to, then it is secured and he would not be considered in possesion/control.

Keith B wrote:

charleswhitecotton wrote:Maybe I wasn't clear on my original post. My step-son served his penalty time, ie, no probation is involved. Should/will this make any difference?

If he is not on probation and the ruling is he cannot be in possesion of a firearm as a felon, then there should be no issue as long as he is not in control of the gun. That means don't leave it in the car or home where it is unsecured and he could be considered having control of it. If it is on your body or locked in a safe that he has no access to, then it is secured and he would not be considered in possesion/control.

My BIL is on parole, so to be safe at the family Christmas gathering, I personally called his parole officer. I got basically the same answer. As long as he did not have control or unrestricted access, all was good. He told me to keep it on body, or locked up and everything would be fine.