Jump to content
Sign in to follow this  
Luso

owning a gun while living with a felon?

Recommended Posts

Recently debated with friends after a range visit if this was legal. It seems to me that simply living with a felon shouldn't deny a law-abider their right to a gun. But again, this is NJ

 

Is it legal in NJ?

 

Google seems to generally dictate that so long as the firearm is owned by a non-felon housemate who legally possesses it, and keeps it secured and locked in a fashion where the felon can not conceivably access it ( a key locked safe or combination in the legal owner's bedroom)

 

Does anyone know a definitive answer on this?

Share this post


Link to post
Share on other sites

Can't personally speak for NJ but my little brother in MD is on probation for DUI and possession of MJ and all guns had to be moved out of the house. He lives with his mother who has never even gotten so much as a speeding ticket and, technically, all 40+ guns are owned by her since my Dad passed away. His PO & the court both informed them of this requirement when he was sentenced. I would assume that would apply on a Federal level as well.

 

 

This signature is AWESOME!!!

Share this post


Link to post
Share on other sites

Wow, they made your mother remove all the lawfully owned guns? I can believe it because Maryland and New Jersey are so tyrannical, but it blows my mind that everyone in the home basically loses their second amendment rights because of one person.

 

Any one else have an experience like this relatable to jersey?

Share this post


Link to post
Share on other sites

It's NOT Federal law!  Before most of you ever thought about guns, a Watergate Plumber by the name of G. Gordon Liddy was convicted of the botched burglary.  G. Gordon had a Radio Show on 770 Khz WABC Radio (long prior to Rush).  G. Gordon "sold" all of his collection to Mrs. Liddy (his Wife), and explained how he would "show" Mrs. Liddy how to put a Perp out on a platter!

 

It is my understanding that Felons can't OWN guns in NJ.  It might depend upon what the County Prosecutor deems necessary to establish public safety?  It sucks to have to store them off-premise, but theoretically she could rent storage space and store them there and not have to be forced to sell anything!

 

Dave

Share this post


Link to post
Share on other sites

The question though is whether the law abider can keep the firearm in the same home as the offender/felon

 

Please refer to "the Orange Bible" you should already own for a current LEGAL opinion from Nappen................

 

They have them layin'-around at GFH BTW.......

 

Dave

Share this post


Link to post
Share on other sites

Can't personally speak for NJ but my little brother in MD is on probation for DUI and possession of MJ and all guns had to be moved out of the house. He lives with his mother who has never even gotten so much as a speeding ticket and, technically, all 40+ guns are owned by her since my Dad passed away. His PO & the court both informed them of this requirement when he was sentenced. I would assume that would apply on a Federal level as well.

 

 

This signature is AWESOME!!!

That may be a condition of his personal probation agreement , rather than a specif state law governing owning firearms per say.that he can not reside with firearms . 

Share this post


Link to post
Share on other sites

No law against it. A judge would have to order it, and yes, it would be reversed if you have the balls to fight it.

 

I've seen plenty of FPID and P2P denied because of a household felon. All were reversed at Superior Court.

Share this post


Link to post
Share on other sites

Right, but we are talking being past the point of p2p or fid. Would it be unlawful to simply move into a home where another resident is a felon while you lawfully own a firearm you've already purchases?

 

But by the logic of what you just said, if someone does a change of address into the home of a person who is a felon, your saying the local PD won't even issue you the FID card? Or would that raise some other sort of flags

Share this post


Link to post
Share on other sites

Sometimes all this "hypothetical" BS gives me a headache........

 

DIRECT questions often get DIRECT answers.  So just ASK the FULL question, and leave-out all of the room for folks to read it several ways (like so often happens on forums).

 

How about we try to NOT move-in with Felons?  Just sayin...........

Share this post


Link to post
Share on other sites

I did ask a direct question. And the conversation came up because someone's direct family member was the felon, they didn't have a choice in not living with them

 

O-K, sorry, and now that I understand it better (since you simplified it somewhat), here's something to consider:  the SAME CLEO that gets to keep tabs on Felons residing in their town gets to sign NJFID papers, so the same address could cause a snag.  This "snag" is up to the CLEO to sign-off on, since it's still considered lawful duty to deny IF the CLEO has any suspicion of the firearms getting into the Felon's hands.  As PK-90 stated, a Judge can reverse the decision (after a stink is made).  Also keep in mind that there are different "types" of Felons:  those who pass a bad check or commit fraud on an Insurance Company are lumped-in with VIOLENT, REPEAT offenders.  Some CLEO have taken this sorta thing into consideration regarding issuance of gun permits.  Depends upon the CLEO.  Certainly it would make one pause to issue a permit to someone living with a Rapist, Armed Robber, or anyone convicted on a gun charge, etc.  Sometimes the world isn't "fair"........ 

 

Also keep in mind that not all firearms require permits.  Antiques produced prior to 1898 (for which ammo is not commercially available) and replicas thereof purchased legally out of state (and TREATED as firearms as they cross the border) can fill this niche for your friend (so long as this Friend is NOT a Prohibited Person).  But they are still considered firearms by NJ, so one can't leave them laying-around where Felons can get to them.  Even if they are left unloaded.  I threw this out there just so you'd understand the FULL picture.  Keep in mind that WITHOUT a NJFID, your Friend can still travel DIRECTLY to and from a range, gunsmith, FFL, or his/her private residence for all legal purposes as defined in current state statutes.   The same rules/laws that apply to ownership and transportation of inherited firearms apply to those who choose to use and transport antiques without first having a NJFID.  

 

In any case, good luck to your Friend and may you have the rest of a nice holiday weekend!

 

Dave

Share this post


Link to post
Share on other sites
There are bad people in the world – and in far, far too many situations, the bad people are not vague, shadowy figures breaking in at 3:00 a.m., but people we thought (or, more appropriately, assumed) we could trust. How well do you know this person? What's really in their heads? How well do you know his or her friends – and their friends? "I never thought it could happen to me" is not a defense.
 

How about we try to NOT move-in with Felons?  Just sayin...........

 

This. Hypothetically, if I had no choice, I would devote 100% of my time, money, and resources to extracting myself from that situation.

Share this post


Link to post
Share on other sites

Interesting question

 

I know in PA that if you have a prohibited person in the house, resident or visitor, firearms cannot be accessible to that person at any time.

 

Which makes it impossible to keep a handgun in the nightstand unfortunately

 

Not sure if your felon meets the criteria to be a prohibited person in PA.  Not that it matters in NJ

Share this post


Link to post
Share on other sites

In NJ, a person *on* probation cannot live or work any place where there is a gun, even if the charge/conviction would not make them a prohibited person.
It's a standard condition of their probation agreement.
Once they're off probation, that no longer applies (though if they are now a prohibited person, they can't *themselves* possess).

Share this post


Link to post
Share on other sites

You can Not obtain a FID if you live with a felon.. Wont mention any specifics but im 36 now.. when I was 21 I applied and was denied for this reason.. "He" had something on his record from 30yrs prior.. When I moved out it went through with no issues.. Now I own my own gun store.. im not entirely sure if its at your local chiefs discression or if its an actual law.. Hope this helps..

Share this post


Link to post
Share on other sites

Join the conversation

You can post now and register later. If you have an account, sign in now to post with your account.

Guest
Reply to this topic...

×   Pasted as rich text.   Paste as plain text instead

  Only 75 emoji are allowed.

×   Your link has been automatically embedded.   Display as a link instead

×   Your previous content has been restored.   Clear editor

×   You cannot paste images directly. Upload or insert images from URL.

Loading...
Sign in to follow this  

  • Recently Browsing   0 members

    No registered users viewing this page.



×
×
  • Create New...