Need Legal help for firearms possession.

[halfmileharry]

My nephew just turned 21 a couple of weeks ago and wanted his own rifle for Christmas.
Problem:
His dad (brother in law) has a non violent felony from about 20 years ago and is NOT allowed to have firearms in his home or possession?
My nephew still lives with his parents and I'm holding his rifle until I get specific direction about him being able to take it home.
Does his parent's felony prohibit him from having a firearm in his possession?

 

[adam]

I *think* that he can have it as long as he can prove that his dad has no ability to access the gun. BUT, I'm not a lawyer, it's just what I've read about the subject. Someone should be along to give you the lawyer's answer.

 

[Cameramonkey]

Yeah, I recall something similar a while back. One thing that was pointed out was that it is very hard if not impossible to prove a negative... that dad DOESNT know the combination to the kid's safe.

Regardless, I think "not in the home" is "not in the home". Not "in the home but not accessible to the person."

IANAL, but if it were me, I would continue to hold for him until he moves out. But by all means, seek legal counsel before introducing it into the prohibited space.

EDIT: To be clear, its OK for the kid to have it. Its NOT OK for it to be in his dad's home.

 

[halfmileharry]

He's wanting me to let him take it home and I told him no. Flat out. I was pretty sure he couldn't take it home. I'm sure there wouldn't be any potential misuse or problems if I let him take it home BUT I don't want to take any chances something might come up and legalities might enter into his life over it. Also, I sure don't want those types of legalities entering into my life either.
The gun stays in my safe for him until the day he moves out OR shows me proof he can have the rifle with him.
Again with the IANAL but I think caution is the word here.

 

[chezuki]

He's 21...

Perhaps it's time to leave the nest.

 

[halfmileharry]

He's 21...

Perhaps it's time to leave the nest.

Not going to happen for a while. He's going to school and working so he can go to school. Good young man with limited options.

 

[Fargo]

My nephew just turned 21 a couple of weeks ago and wanted his own rifle for Christmas.
Problem:
His dad (brother in law) has a non violent felony from about 20 years ago and is NOT allowed to have firearms in his home or possession?
My nephew still lives with his parents and I'm holding his rifle until I get specific direction about him being able to take it home.
Does his parent's felony prohibit him from having a firearm in his possession?

Kinda, it doesn't prohibit him from having it in his possession, but it does prohibit his father from having it in a place that would be constructive possession under federal law. He can jump through all the hoops of having it stored in such a way that his father can't possess it for legal purposes, or his dad can go and get an Indiana expungement and clear up the whole thing pretty easily. (Assuming it is an Indiana felony offense.)

Where is the felony out of and what for? It is unlikely that Indiana law is the issue, but federally any felony is going to cause problems.

 

[Floivanus]

I would second the expungement and err on the caution side of things, especially if there could be some kind of legal ramifications for yourself. Like has been hinted at before it's hard to prove that he doesn't give access to anyone else. Being under someone's roof would probably be 'proof' enough of having some sort of access

 

[NIFT]

Yes Siree...INGO (or any other gun forum) is the best place for legal advice. Perhaps, you can employ one of the legal scholars/experts to represent you.

 

[Kirk Freeman]

Brother in law needs to talk to an attorney as soon as possible in order to seek potential relief from his disability.

Your nephew may own (have title), but it is within his best interest to keep it off the property of the brother in law (this includes motor vehicles which your brother in law may access).

Treat the disease, not the symptom.

 

[halfmileharry]

Kinda, it doesn't prohibit him from having it in his possession, but it does prohibit his father from having it in a place that would be constructive possession under federal law. He can jump through all the hoops of having it stored in such a way that his father can't possess it for legal purposes, or his dad can go and get an Indiana expungement and clear up the whole thing pretty easily. (Assuming it is an Indian felony offense.)

Where is the felony out of and what for? It is unlikely that Indiana law is in the issue, but federally any felony is going to cause problems.

I'm sure he's never lived anywhere but Indiana but I'm not 100% sure the felony isn't federal.
So, IF I understand correctly he can take possession of it but it has to be well secured to keep it away from his father accessing it?

 

[halfmileharry]

Yes Siree...INGO (or any other gun forum) is the best place for legal advice. Perhaps, you can employ one of the legal scholars/experts to represent you.

I tend to gravitate towards the ones that say "IANAL". They seem to possess the most knowledge. "I stayed in a Holiday Inn Express" holds weight with me as well.

 

[Kirk Freeman]

So, IF I understand correctly he can take possession of it but it has to be well secured to keep it away from his father accessing it?

Like off his father's property.

 

[halfmileharry]

Like off his father's property.

That's where my thinking stopped. It will stay at my house and he can use it at my place and put it back when he's leaving.

 

[bubbazap]

Until his dad goes to a Lawyer (one with a degree..not an internet lawyer) the safe thing is to keep it in your safe. Why take a chance after 20 years

 

[bgcatty]

Brother in law needs to talk to an attorney as soon as possible in order to seek potential relief from his disability.

Your nephew may own (have title), but it is within his best interest to keep it off the property of the brother in law (this includes motor vehicles which your brother in law may access).

Treat the disease, not the symptom.

I strongly agree with this advice! Consult an attorney like Guy Relford who regularly advises on firearms laws. I would bet the advice is to keep the weapon away from the brother in law - period. Like Kirk said off the property, motor vehicles, etc. Generally possession means within a person's area of control i.e.- house, car, apartment, etc. Do not take any chances, consult an attorney.

 

[sloughfoot]

Yes Siree...INGO (or any other gun forum) is the best place for legal advice. Perhaps, you can employ one of the legal scholars/experts to represent you.

LOL

 

[Fargo]

Like off his father's property.

Unless there is some grave reason for him to try to do otherwise, this is by far the most prudent advice. Dad can probably get the conviction easily expunged too, which solves the problem completely.