Can Someone Answer This

[BenE84]

My brother is on probation for a non violent felony. I can not get a direct answer from the probation department about my being able to keep guns in our house. Is there any law on the books saying that I cannot possess firearms? I have a gun safe in my bedroom and locks on my doors, the probation department doesnt seem to want to get back to me on the issue at hand. I cant afford an attorney, anyone know what I should do? County is Hamilton.....

 

[KW730]

This is a major grey area from what I have been told. While your right to bear arms and self-protection trumps everything, there's no saying that an overzealous prosecutor or even your brother's probation officer wouldn't try to violate him and charge him.

You are good to go, your brother may be flirting with disaster.

 

[IndyDave1776]

I have a friend with a similar situation regarding his son. He was advised that so long as he kept it locked in a safe when not in his immediate possession such that the son didn't have access to it, all is well.

 

[Kutnupe14]

OP, you're fine.... now your brother...

 

[Kutnupe14]

I have a friend with a similar situation regarding his son. He was advised that so long as he kept it locked in a safe when not in his immediate possession such that the son didn't have access to it, all is well.

That 100% depends on the officer/judge. Most won't allow a firearm in the residence where the supervised is residing. Alcohol is one thing, guns quite another.

 

[thatgtrguy]

You and your brother have a legal conflict of interest. I think if you want to keep your guns then it's in your brother's best interest to move out.

 

[Benny]

Just from what I have heard, as long as they aren't accessible to him (via locked in a safe), it is legal for you to have them in the same house.

You are going to get exactly what you pay for asking this question on the internet, so do what you need to do...It would pain me to see yet another law-abiding citizen lose his 2a rights on a technicality.

 

[Benny]

OP, you're fine.... now your brother...

That 100% depends on the officer/judge. Most won't allow a firearm in the residence where the supervised is residing. Alcohol is one thing, guns quite another.

You and your brother have a legal conflict of interest. I think if you want to keep your guns then it's in your brother's best interest to move out.

^^^Then we need more details.

Are you and your brother roommates or are you living with your parents?

If you are roommates, then one of you might need to move...If you are living with your parents then ask them what is more important (your gun rights or your brother living there).

 

[Kutnupe14]

Just from what I have heard, as long as they aren't accessible to him (via locked in a safe), it is legal for you to have them in the same house.

You are going to get exactly what you pay for asking this question on the internet, so do what you need to do...It would pain me to see yet another law-abiding citizen lose his 2a rights on a technicality.

It's 100% legal for the OP, it just may violate his brother. OP is completely safe, that's not me talking from what I've heard, I'm talking from practice, as I used to be a PO before deciding I should have a gun when dealing with the "public."

 

[BenE84]

We are roommates, I moved back here from Tennessee when he had his legal issues arrise. I have them at my dads for the time being, as I am not willing to jeopardize his well being.

 

[IndyDave1776]

That 100% depends on the officer/judge. Most won't allow a firearm in the residence where the supervised is residing. Alcohol is one thing, guns quite another.

Given that I am a believer in the law being as standard as possible and as far from Roy Bean-style making up as one goes along, just how broad are the parameters here, and is there really a good reason for that?

 

[Kutnupe14]

We are roommates, I moved back here from Tennessee when he had his legal issues arrise. I have them at my dads for the time being, as I am not willing to jeopardize his well being.

You (not your roomie) should ask the PO, and get clarification from the judge, in writing.

Edit: actually have you read his conditions? He is suppposed to have a hard copy.

 

[BenE84]

I have initiated contact with the probation department, am waiting and waiting etc....His conditions do not state anything pertaining to firearms, I will get an answer eventually I'm sure, just posted on here for the opinions of my fellow hoosiers, thanks everyone for your input.

 

[Kutnupe14]

Given that I am a believer in the law being as standard as possible and as far from Roy Bean-style making up as one goes along, just how broad are the parameters here, and is there really a good reason for that?

I can't speak for all jurisdictions, but in Hamilton and Marion Counties, the PO don't carry firearms. I assume that factors in. Personally, I wouldn't be exactly thrilled about going on a visit to a home where one of the residents is a convicted criminal, the other I know nothing about, and yet there's a gun in the home.

 

[Cestep72]

I agree that you are safe.

 

[Loc n load]

Felons & firearms

Convicted felons are prohibited from having firearms and to having access to firearms. Jurisdictions vary on how serious and how far they go with this.
I have seen convicted felons who were a passenger in someone's car that had a gun it it, get violated or arrested & prosecuted and imprisoned. It is a slam dunk conviction for the fed's. It depends a lot on who takes an interest in the case, city, county, state or the fed's. I know of one instance where a parolee was violated because he had ammunition in his residence. Best bet for all concerned is that the felon have no access to firearms. Period.