Can a felon have a long gun in his home?

[JetGirl]

Yep, you'd have to decide between son or guns.

Not true.
There are lots of gun owners with convicted felons living under the same roof LEGALLY. There are measures that you must take concerning the available access ...but it IS legal to live in a house with a felon and still own your own guns.

Here's a question that I don't know the answer to...Could your daughter apply for an LTCH and leave the handgun in her car?

Would she have to have a car in just her name and/or could the car even be parked on their property?

It can be in both names, but the gun can NOT be left there. EVER.

 

[Rookie]

Ever?

 

[JetGirl]

It would be a stupid move if you did.
Being the DRIVER and having it in the GLOVE BOX with a felon PASSENGER is a no-no.

But, YMMV...so go right ahead.

 

[MrsGungho]

Not true.
There are lots of gun owners with convicted felons living under the same roof LEGALLY. There are measures that you must take concerning the available access ...but it IS legal to live in a house with a felon and still own your own guns.


It can be in both names, but the gun can NOT be left there. EVER.

I was just getting ready to point this out.

Measures have to be taken that the felon can not have access to firearms in home or car.

 

[JetGirl]

I was just getting ready to point this out.

Measures have to be taken that the felon can not have access to firearms in home or car.

 

[a.bentonab]

Measures have to be taken that the felon can not have access to firearms in home or car.

Such as?

Do you have the relevant Indiana or Federal code? I would be interested in the details of this law.

 

[JetGirl]

Such as?

Do you have the relevant Indiana or Federal code? I would be interested in the details of this law.

A felon can not have access to firearms OR ammunition.
Code states that a convicted felon can not be in POSSESSION of ammunition or firearms. "Possession" in legal-speak does not mean literal ownership as far as living in the same dwelling with the actual owner. It means access to and control of.

Federal Law (18 USC 922) :

(g) It shall be unlawful for any person—
(1) who has been convicted in any court of, a crime punishable by imprisonment for a term exceeding one year;
<snip>
to ship or transport in interstate or foreign commerce, or possess in or affecting commerce, any firearm or ammunition; or to receive any firearm or ammunition which has been shipped or transported in interstate or foreign commerce.

Living in a home with firearms, the guns and ammunition (to my understanding) must be KEY locked, with the felon having NO knowledge of the whereabouts of the key.

That's all I got...IANAL and IDNSIAHILN.
YMMV
kthxbai

 

[mavisky]

It may be worth his and her time to have a lawyer look into getting his juvenile record expunged of this charge if at all possible.

 

[Benny]

A felon can not have access to firearms OR ammunition.
Code states that a convicted felon can not be in POSSESSION of ammunition or firearms. "Possession" in legal-speak does not mean literal ownership as far as living in the same dwelling with the actual owner. It means access to and control of.

Federal Law (18 USC 922) :

(g) It shall be unlawful for any person—
(1) who has been convicted in any court of, a crime punishable by imprisonment for a term exceeding one year;
<snip>
to ship or transport in interstate or foreign commerce, or possess in or affecting commerce, any firearm or ammunition; or to receive any firearm or ammunition which has been shipped or transported in interstate or foreign commerce.

Living in a home with firearms, the guns and ammunition (to my understanding) must be KEY locked, with the felon having NO knowledge of the whereabouts of the key.

That's all I got...IANAL and IDNSIAHILN.
YMMV
kthxbai

Wow, this is the first I've ever heard of this.

Federal law too...I thought for sure it was just going to be a state to state thing with hardly any state allowing it.

Not true.
There are lots of gun owners with convicted felons living under the same roof LEGALLY. There are measures that you must take concerning the available access ...but it IS legal to live in a house with a felon and still own your own guns.


It can be in both names, but the gun can NOT be left there. EVER.

But if it's just in her name, then she could(as long as the keys to the car are hidden)?

 

[JetGirl]

But if it's just in her name, then she could(as long as the keys to the car are hidden)?

I've never run across that one...but I seriously wouldn't push it.

 

[JetGirl]

Federal law too...I thought for sure it was just going to be a state to state thing with hardly any state allowing it.

You can pick it out of the line up here: US Code Title 18 Section 922

 

[finity]

What others have said here is true as far as I know:

For a felon (in IN) the only firearm they can own is a black powder weapon based on the fact that the only place that there is a blanket prohibition on the possession of a "firearm" is:

IC 35-47-4-5
Unlawful possession of firearm by serious violent felon
Sec. 5. (a) As used in this section, "serious violent felon" means a person who has been convicted of:
(1) committing a serious violent felony in:
(A) Indiana; or
(B) any other jurisdiction in which the elements of the crime for which the conviction was entered are substantially similar to the elements of a serious violent felony; or
(2) attempting to commit or conspiring to commit a serious violent felony in: (A) Indiana as provided under IC 35-41-5-1 or IC 35-41-5-2; or
(B) any other jurisdiction in which the elements of the crime for which the conviction was entered are substantially similar to the elements of attempting to commit or conspiring to commit a serious violent felony.
(b) As used in this section, "serious violent felony" means:
(1) murder (<A name=IC35-42-1-1>IC 35-42-1-1);
(2) voluntary manslaughter (<A name=IC35-42-1-3>IC 35-42-1-3);
(3) reckless homicide not committed by means of a vehicle (IC 35-42-1-5);
(4) battery as a:
(A) Class A felony (<A name=IC35-42-2-1>IC 35-42-2-1(a)(5));
(B) Class B felony (<A name=IC35-42-2-1>IC 35-42-2-1(a)(4)); or
(C) Class C felony (<A name=IC35-42-2-1>IC 35-42-2-1(a)(3));
(5) aggravated battery (<A name=IC35-42-2-1.5>IC 35-42-2-1.5);
(6) kidnapping (<A name=IC35-42-3-2>IC 35-42-3-2);
(7) criminal confinement (<A name=IC35-42-3-3>IC 35-42-3-3);
(8) rape (<A name=IC35-42-4-1>IC 35-42-4-1);
(9) criminal deviate conduct (<A name=IC35-42-4-2>IC 35-42-4-2);
(10) child molesting (<A name=IC35-42-4-3>IC 35-42-4-3);
(11) sexual battery as a Class C felony (<A name=IC35-42-4-8>IC 35-42-4-8);
(12) robbery (<A name=IC35-42-5-1>IC 35-42-5-1);
(13) carjacking (<A name=IC35-42-5-2>IC 35-42-5-2);
(14) arson as a Class A felony or Class B felony (IC 35-43-1-1(a));
(15) burglary as a Class A felony or Class B felony (IC 35-43-2-1);
(16) assisting a criminal as a Class C felony (<A name=IC35-44-3-2>IC 35-44-3-2);
(17) resisting law enforcement as a Class B felony or Class C felony (<A name=IC35-44-3-3>IC 35-44-3-3);
(18) escape as a Class B felony or Class C felony (IC 35-44-3-5);
(19) trafficking with an inmate as a Class C felony (IC 35-44-3-9);
(20) criminal gang intimidation (<A name=IC35-45-9-4>IC 35-45-9-4);
(21) stalking as a Class B felony or Class C felony (IC 35-45-10-5);
(22) incest (<A name=IC35-46-1-3>IC 35-46-1-3);
(23) dealing in or manufacturing cocaine or a narcotic drug (IC 35-48-4-1);
(24) dealing in methamphetamine (<A name=IC35-48-4-1.1>IC 35-48-4-1.1);
(25) dealing in a schedule I, II, or III controlled substance (IC 35-48-4-2);
(26) dealing in a schedule IV controlled substance (IC 35-48-4-3); or
(27) dealing in a schedule V controlled substance (IC 35-48-4-4).
(c) A serious violent felon who knowingly or intentionally possesses a firearm commits unlawful possession of a firearm by a serious violent felon, a Class B felony.


IC 35-47-4-6
Unlawful possession of a firearm by a domestic batterer
Sec. 6. (a) A person who has been convicted of domestic battery under IC 35-42-2-1.3 and who knowingly or intentionally possesses a firearm commits unlawful possession of a firearm by a domestic batterer, a Class A misdemeanor.
(b) It is a defense to a prosecution under this section that the person's right to possess a firearm has been restored under IC 35-47-4-7.
As added by P.L.195-2003, SEC.7. Amended by P.L.98-2004, SEC.156; P.L.118-2007, SEC.36.

For the above the definition of "firearm" is:

IC 35-47-1-5
"Firearm"
Sec. 5. "Firearm" means any weapon:
(1) that is:
(A) capable of expelling; or
(B) designed to expel; or
(2) that may readily be converted to expel;
a projectile by means of an explosion.
As added by P.L.311-1983, SEC.32. Amended by P.L.3-2008, SEC.254.

So if he wasn't convicted as an adult for one of the above crimes then (in IN) he can possess a BP firearm.

Otherwise he is just prohibited from possessing non-BP firearms. I'm trying to find the law that exempts BP weapons from the prohibition.

I think this is it:

CITE
18 USC Sec. 921 01/05/2009
EXPCITE
TITLE 18 - CRIMES AND CRIMINAL PROCEDURE PART I - CRIMES CHAPTER 44 - FIREARMS
HEAD
Sec. 921. Definitions
STATUTE​

(a) As used in this chapter - (1) The term "person" and the term "whoever" include any individual, corporation, company, association, firm, partnership, society, or joint stock company. (2) The term "interstate or foreign commerce" includes commerce between any place in a State and any place outside of that State, or within any possession of the United States (not including the Canal Zone) or the District of Columbia, but such term does not include commerce between places within the same State but through any place outside of that State. The term "State" includes the District of Columbia, the Commonwealth of Puerto Rico, and the possessions of the United States (not including the Canal Zone). (3) The term "firearm" means (A) any weapon (including a starter gun) which will or is designed to or may readily be converted to expel a projectile by the action of an explosive; (B) the frame or receiver of any such weapon; (C) any firearm muffler or firearm silencer; or (D) any destructive device. Such term does not include an antique firearm.

As to whether your non-felon daughter-in-law can still own & possess one, in IN it would be OK.

The only restriction on someone for possession of a firearm is for the felon. There is also a restriction on providing a felon access to a gun.

Just having it in the same house is not providing access to it. If your daughter keeps the gun on her or locked away then she should be fine.

When my son-in-law got out of his 4 months in prison for a drug charge we asked his parole officer if us owning & carrying guns was a problem & he said as long as we don't let him have access to them we could own as many as we wanted to.

As far as having it in your car then you have to look at who has constructive possession.

If it's on the seat right beside your son or on the floor at his feet then he would most likely have possession. If it's pretty much anywhere else in the car then I think it would be hard to prove possession.

You need to make sure OH doesn't have more restrictive laws than IN though.

All of the above is just my .​

 

[Benny]

You need to make sure OH doesn't have more restrictive laws than IN though.

All of the above is just my .[/LEFT]
[/LEFT]

What Jetgirl quoted was federal law.

I also thought it would be on a state-to-state basis.

 

[finity]

What Jetgirl quoted was federal law.

I also thought it would be on a state-to-state basis.

I realize that but it's not out of the possiblity that OH could have more restrictive laws than the fed. I doubt it but it is possible.

 

[Hkindiana]

"Such term does not include an antique firearm". Would mean any weapon manufactured BEFORE 1898. So, it would appear that a modern black powder weapon WOULD be considered a firearm since it does expel a projectile etc from the definition of a firearm.

 

[Deadly Z Driver]

He can't but She can...

 

[MrsGungho]

Such as?

Do you have the relevant Indiana or Federal code? I would be interested in the details of this law.

jet girl has already supplied code.

Lock and key (IE: A Safe) to keep felon from having access. I know this more from experience than from actually looking up law as I have to make sure all is secured when my brother visits. Yes my brother is a felon and yes he got the skinny on this so HE could visit me without repercussion.

 

[Mad Anthony Wayne]

If it was family court where he was found in delinquency, and not adult court, there is good news. When he turns 23 he will be able to pass the NICS and buy any firearm. Im sure he will be delayed, but he'll get it. Remember if it was family court and not adult court, he is not "convicted" of a felony. He is found in delinquency. You may want to call an attorney, because I dont beleive he is a convicted felon and therefore doesn't fall under those firearm restrictions. Don't take my word for it, call an attorney.

 

[Mad Anthony Wayne]

Clarification: As an adult, convicted, as far as I know he didn't spend much if any time in jail. We don't spend a lot if time talking about those specific details. I didn't know him as that guy. It happened in Ohio and he is a Buckeye.

Im sorry, I missed this. He was indeed "convicted." He needs to stick with a ball bat or a bow and arrow/crossbow for home defense.

 

[CarmelHP]

"Such term does not include an antique firearm". Would mean any weapon manufactured BEFORE 1898. So, it would appear that a modern black powder weapon WOULD be considered a firearm since it does expel a projectile etc from the definition of a firearm.

No, "antique firearm" is:

§ 178.11 Meaning of terms.
Antique firearm. (a) Any firearm (including any firearm with a matchlock, flintlock, percussion cap, or similar type of ignition system) manufactured in or before 1898; and (b) any replica of any firearm described in paragraph (a) of this definition if such replica (1) is not designed or redesigned for using rimfire or conventional centerfire fixed ammunition, or (2) uses rimfire or conventional centerfire fixed ammunition which is no longer manufactured in the United States and which is not readily available in the ordinary channels of commercial trade.