Can you have a gun in the home if you reside with a felon?

[dusty88]

Can someone refer me to a relevant statute? One of my employees who is technically not an Indiana resident (attending college here in Indianapolis but an Illinois resident) rooms with her cousin who has a prior felony (marijuana possession at age 18, reportedly). My employee has been told that she is not allowed to have a gun at home because of the presence of the felon in her house.

I realize that a person cannot give the gun to the convicted felon, but is there a statute that would prevent her from having one at home in a safe?

 

[Kirk Freeman]

Statute? No.

A concept called constructive possession? Yes.

 

[Fargo]

Statute? No.

A concept called constructive possession? Yes.

Constructive possession entails ability and intent to control doesn't it? I would think one could possess/store a gun in such a fashion as to negate this.

Now if he is on probation or parole, a gun in the residence would almost certainly violate those conditions of release.

Also, Indiana's statute doesn't apply to all felons. The federal one does though.


Who is telling her it is illegal?

 

[Kirk Freeman]

Constructive possession entails ability and intent to control doesn't it?

And your counterparts at 46 East Ohio have a more expansive view of constructive possession thanks to the War on (Some) Drugs.

 

[GodFearinGunTotin]

So............Yes? or No?

 

[Fargo]

And your counterparts at 46 East Ohio have a more expansive view of constructive possession thanks to the War on (Some) Drugs.

Edit, I had my addresses confused. Referring to them as my counterpart is a bit of a stretch. What I do and how I do it is verrrrrrrrrrrry far from the way they do things up there.

 

[Fargo]

So............Yes? or No?

It's a big "maybe". If it were me, I would have a consultation with a lawyer in person, not via avatars of Bart Simpson and whoever the hell Kirk's is...

 

[GodFearinGunTotin]

It's a big "maybe". If it were me, I would have a consultation with a lawyer in person, not via avatars of Bart Simpson and whoever the hell Kirk's is...

Engineers and lawyers can never give a 'yes' or 'no' answers. That used to drive this one manager we had insane.

 

[Cameramonkey]

It's a big "maybe". If it were me, I would have a consultation with a lawyer in person, not via avatars of Bart Simpson and whoever the hell Kirk's is...

Yes. Contact the offices of Guy Relford. Upstanding gentleman and probably THE lawyer in the state that would be able to tell you where your relative stands. I'm sure he could tell you definitively for the small cost of an hour or two of his time. (probably not cheap, but MUUUUUCH cheaper than hiring him to defend your relative after the fact.

 

[Fargo]

Engineers and lawyers can never give a 'yes' or 'no' answers. That used to drive this one manager we had insane.

Giving legal advice on the internet is a terrible idea for a bunch of reasons which is why the most you will ever get out of me is what I believe the law to be, never what you should/shouldn't do . If anyone wants to look into federal constructive possession further, I would start with the 7th Circuit's Griffin case:

The facts in these cases make clear that when the defendant jointly occupies a residence, proof of constructive possession of contraband in the residence requires the government to demonstrate a "substantial connection" between the defendant and the contraband itself, not just the residence. See Castillo, 406 F.3d at 813 ("f the defendant jointly occupies the premises, the Government must present some evidence that supports a nexus between the weapon and the defendant."); United States v. Thomas, 321 F.3d 627, 636 (7th Cir. 2003) ("Even where we have found constructive possession of firearms when they are found in close proximity to the defendants, the weapons were found in areas over which the defendant exercised control, such as a bedroom, garage, or workplace.") (internal citations omitted).

United States v. Griffin, 684 F.3d 691

 

[Kutnupe14]

OP, yes the employee can have a gun in the home, even if a felon resides there. The sticky part, is what the definition of "access" is. If you live in a separate room, and have retina scan gun safe, then nobody can say much. But if you sleep in the same room on bunk beds, and have a handgun in a shoe box underneath, they that's probably an issue.

 

[dusty88]

Thank you all who answered. I realize you can't answer legal questions on the internet but was hoping there might be a source spelled out somewhere.

I'll also suggest she call Guy's gun show and see what he will explain on the air.

 

[mainjet]

It's a big "maybe". If it were me, I would have a consultation with a lawyer in person, not via avatars of Bart Simpson and whoever the hell Kirk's is...

I thought Kirks avatar was Kirk. But now you are telling that your avatar isn't you either? WHaaaat!?

 

[Frank_N_Stein]

It's a big "maybe". If it were me, I would have a consultation with a lawyer in person, not via avatars of Bart Simpson and whoever the hell Kirk's is...

Milla Jovovich.

 

[Thor]

Kirk is the Resident Evil...

 

[Alamo]

Giving legal advice on the internet is a terrible idea for a bunch of reasons which is why the most you will ever get out of me is what I believe the law to be, never what you should/shouldn't do . If anyone wants to look into federal constructive possession further, I would start with the 7th Circuit's Griffin case:

The facts in these cases make clear that when the defendant jointly occupies a residence, proof of constructive possession of contraband in the residence requires the government to demonstrate a "substantial connection" between the defendant and the contraband itself, not just the residence. See Castillo, 406 F.3d at 813 ("f the defendant jointly occupies the premises, the Government must present some evidence that supports a nexus between the weapon and the defendant."); United States v. Thomas, 321 F.3d 627, 636 (7th Cir. 2003) ("Even where we have found constructive possession of firearms when they are found in close proximity to the defendants, the weapons were found in areas over which the defendant exercised control, such as a bedroom, garage, or workplace.") (internal citations omitted).

United States v. Griffin, 684 F.3d 691

You also my find US vs Huet, as commented on by the Volokh Conspiracy, informative. Or not. And when you dig into it I believe you get other "constructive possession" cases referenced.
Second Amendment Protects Gun Possession by the Housemates of Felons - The Volokh Conspiracy

p.s. US vs Huet is also notable because the court slapped down the feds' juicing up of the charges by throwing "militia" into the mix and trying to label the SKS rifle an "assault" rifle.

 

[Fargo]

You also my find US vs Huet, as commented on by the Volokh Conspiracy, informative. Or not. And when you dig into it I believe you get other "constructive possession" cases referenced.
Second Amendment Protects Gun Possession by the Housemates of Felons - The Volokh Conspiracy

While the language in Huet is excellent, the problem I see is that it is a district court ruling and so does not bind as precedent within the circuit, much less outside. Griffin is a 7th Circuit opinion so it actually controls as precedent within Indiana.

 

[Fargo]

Milla Jovovich.

Wow, that is a slightly less than flattering picture of an objectively quite attractive female. I'm a little concerned that Kirk picked a picture that kinda makes her look like a dude........ I keed! I keed!

 

[Dead Duck]

OP, yes the employee can have a gun in the home, even if a felon resides there. The sticky part, is what the definition of "access" is. If you live in a separate room, and have retina scan gun safe, then nobody can say much. But if you sleep in the same room on bunk beds, and have a handgun in a shoe box underneath, they that's probably an issue.

Well, what if the shoe box has a rectal scan on it............

















wait...that's not right, is it....

 

[Thor]

https://www.youtube.com/watch?v=pXnJELh78qs