Can A Multiple Felon Live With Someone Who Owns Firearms?

[pannoowau]

I'm in Wisconsin and rent a lake home. I will be doing a "contract for deed" when the lease is up in the spring. I let a friend move in with permission from the owner until he gets his own place, he was put on lease until it ends in May. I own a couple of guns but I am being handed down a collection of firearms in the next few days. He has 3 felonies, all drug possession and sales related, all for cocaine and meth. He was sent to prison for the first and only time on his last conviction of meth possession and was released in 2001 or 2002 after 1 1/2 years. He has been off parole for about 5 years but he has never filed for restoration of rights or expungment. Legally can he even be living with me? Is he breaking law by living in a home were he has access to firearms? And can I be liable in any way? Is my landlord liable in any way?

[max]

Well, some of the answers depends on the past habits of prosecutors and judge's in your area.

Here (in Texas), even on felony probation - someone with a felony CAN live in a residence where there are firearms. HOWEVER, the firearms must be locked up (in a gun safe) in a non common area of the the home (like YOUR bedroom - not in the living room). And, the felon cannot have access to the firearms (don't let them know the combination).

In my county, the DA actually took a case to trial and lost, because someone had a gun in their house in a sock drawer, in the same residence with a felon. The def was found not guilty. Also, Judges in my area allow felony probationers to be in a residence with firearms, as long as they are locked away as I described above.

But, this is Texas. If you were in California - you may not get the same treatment. And, even if things work out in the end, the felon may be arrested and go thru a lot of hassle and expense.

Like I stated - what happens can partially depend on the attitude towards firearms in your area. However - I would venture to say that if U get a gunsafe, YOU will be okay. The felon would be taking his chances on whether he might get prosecuted in your area.

Like I said - in Texas - if you did what I described, everything would be okay.

[jarel]

It's probably a BAD idea. If the police came in for any reason and saw the guns in the open it would be trouble for your friend. In Texas the law on drugs states that if any number of people are in a vehicle for any reason where drugs are found, the drugs "belong to all of them." I am not 100% positive, but I believe it is the same for the guns. Also, a felon in possession of a firearm is a whole other charge so your friend's parole status would not play a part in the proceedings. As for your part, as long as the guns were legally yours, I don't believe you have anything to worry about.