Legal question regarding firearms and my general well being?

by **unss94** » Mon Oct 31, 2011 3:46 pm

Currently I have three roommates: My girlfriend, my sister and her boyfriend. I just found out that my sisters boyfriend used to be (less than six months ago) a drug dealer. He apparently sold marijuana and lots of it. Obviously this worries me quite a bit. What worries me more is that his previous residence was raided by the SWAT team as a result of his dealing. This apparently was also less than six months ago.
Now we all live together. I consider myself to be a law abiding citizen, I don't do drugs or that sort of thing and I pretty much ignore my sisters boyfriend and just keep to myself at the house. The problem is I own a rifle which I keep locked in a safe in my room. My question is, if something were to happen at the house because of this guy, and the police were involved, would it affect me in any way because I have a weapon in the house? It's perfectly legal for me to own it in my state (VA) but with the possibility of illegal drugs in the house does that change?

by **ern** » Mon Oct 31, 2011 3:48 pm

The gun is not a problem, as long as it is otherwise legal.

Drugs, however, would be a problem even if they are not yours based on a legal principle called "constructive possession". If the property is under your control, and you have knowledge of illegal drugs inside the property, you can be considered in possession under this principle.

by **broehain61** » Mon Oct 31, 2011 3:51 pm

If the gun is legal then I dont see the problem, actually I would get the hell out of there you dont need to be caught up in that

by **naseem** » Mon Oct 31, 2011 3:54 pm

Curtus

While yours sounds like a cozy arrangement I would suggest you find new quarters pronto. Generally, if drugs are found in someones living quarters, all weapons, drugs, monies and ammo would be confiscated and taken to jail along with the occupants.

by **gillian59** » Mon Oct 31, 2011 4:02 pm

In my state the fact that the weapon was near the drugs (and courts have ruled that being in the same house qualifies) then the weapon will be confiscated too. He will also face more severe penalties, but you will lose your gun. Are you sure he isn't on probation? Seems odd that all this stuff went down less than six months ago and it's all just "over." And if he is, he can't be in your house or you have to get rid of the rifle.

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