not everyone in household can own firearms

[Glocker]

I have a question for anyone who knows. I have an LTCH so I can legally own firearms and I do. If someone moves in with you and that person legally cannot own a gun, will I be in trouble?

The person isn't a criminal he just had a couple DUI drunk drivings (I think its considered feleny in Michigan not sure) when he was in his early 20's and he is now 41 and has never been in trouble with the law since then.

Only thing I can think of is lock everything up but I felt much safer with my pistol sitting in my nightstand drawer ect. for easier access just in case. Also what if in a situation I was not home and he had to use one of my guns for self defense during a home invasion ect? ...this sucks.

 

[jmb79]

A quick review of my Google search on the phrase "felony dui michigan" reveals that under current law, DUI convictions one and two are misdemenors, while DUI conviction number three is a felony. I did not find any information on the status of Michigan's DUI laws twenty years ago when you housemate was arrested.

Note that this information does not constitute legal advice.

 

[Indy_Guy_77]

Sounds to me like the both of you might need to consult a lawyer... Don't know if that means one in IN, or in MI, but hopefully being in the FW area you can find one licensed to practice in both states.

Something rings a bell in my mind about the other person not having access... Like they're locked in a safe that only you know the combination to or something like that.

As you can tell, I'm not a lawyer. And I didn't sleep at a Holiday Inn Express last night.

-J-

 

[INGunGuy]

I have a question for anyone who knows. I have an LTCH so I can legally own firearms and I do. If someone moves in with you and that person legally cannot own a gun, will I be in trouble?

The person isn't a criminal he just had a couple DUI drunk drivings (I think its considered feleny in Michigan not sure) when he was in his early 20's and he is now 41 and has never been in trouble with the law since then.

Only thing I can think of is lock everything up but I felt much safer with my pistol sitting in my nightstand drawer ect. for easier access just in case. Also what if in a situation I was not home and he had to use one of my guns for self defense during a home invasion ect? ...this sucks.

Just remember a LTCH is a License to Carry a Handgun not to own firearms. I realize that a felon cant get a LTCH, but being a gunowner and a LTCH holder are 2 completely different animals. As for your question, I have no idea, you should probably call a lawyer.

INGunGuy

 

[revance]

Just another guess, but I assume if you know he can't purchase one, you would be in trouble if you knowingly gave him access to one.

 

[nighthawk80]

Like the others have said, contact a knowledgeable Lawyer!

 

[RachelMarie]

I have a question for anyone who knows. I have an LTCH so I can legally own firearms and I do. If someone moves in with you and that person legally cannot own a gun, will I be in trouble?

The person isn't a criminal he just had a couple DUI drunk drivings (I think its considered feleny in Michigan not sure) when he was in his early 20's and he is now 41 and has never been in trouble with the law since then.

Only thing I can think of is lock everything up but I felt much safer with my pistol sitting in my nightstand drawer ect. for easier access just in case. Also what if in a situation I was not home and he had to use one of my guns for self defense during a home invasion ect? ...this sucks.

From the research I've done, the firearms have to be out of his reach at all times. Be that in a safe, or locked in YOUR room, or on your person. He can not have access AT ALL to these firearms. Also he can have no contact with the ammo as well.

You should have some other form of security in your house that he legally can use for self defense (Knives, Bow and arrow, swords, something.) Because from what I gathered...if he uses your firearm, even in SD, He is in deep doo doo. And so are you!

I would contact a lawyer.

Edited to ad...while he contacts a lawer the should really look into getting his felony expunged.

 

[jwglock]

Personally I would be VERY reluctant to put myself in a scenario where I had to restrict my ability to self defend. This case is not too different than a home with children in it... my firearm/firearms would be locked in the safe which only I can access or on my person. Whether you are in the grocery store or in your living room, your weapon is only immediately available if it is on your person.

 

[ATF Consumer]

From the research I've done, the firearms have to be out of his reach at all times. Be that in a safe, or locked in YOUR room, or on your person. He can not have access AT ALL to these firearms. Also he can have no contact with the ammo as well.

You should have some other form of security in your house that he legally can use for self defense (Knives, Bow and arrow, swords, something.) Because from what I gathered...if he uses your firearm, even in SD, He is in deep doo doo. And so are you!

I would contact a lawyer.

Edited to ad...while he contacts a lawer the should really look into getting his felony expunged.

I think the access to ammo is a silly responsibility to put on the owner of the ammo and question the truth to it, as there is nothing keeping this guy from purchasing ammo of his own at a store.

 

[MrsGungho]

I think the access to ammo is a silly responsibility to put on the owner of the ammo and question the truth to it, as there is nothing keeping this guy from purchasing ammo of his own at a store.

Someone correct me if I am wrong but I do believe a felon can not have access or own ammo either. Can't find legal citing on it right this minute though.

 

[12bee]

The law states "prohibited" as being convicted of an offense that is punishable by 1yr or more in prison.Just have a background check done and find out if he's even prohibited in the first place.I know someone who was busted for possesion years ago and he isn't prohibited.

 

[RachelMarie]

I think the access to ammo is a silly responsibility to put on the owner of the ammo and question the truth to it, as there is nothing keeping this guy from purchasing ammo of his own at a store.

This is just what I've been told. By different folks in law enforcement. That being said, they obviously don't do a background check (yet) for people looking to purchase ammo. So it may be illegal, but obviously it can be done.

To the OP...In the meantime, I would not have your ammo readily available (to him) until YOU find out the law reguarding to it.

I, by no means am a lawyer, Nor do I try to act like one. If you want the laws...you need to do your research.

Someone correct me if I am wrong but I do believe a felon can not have access or own ammo either. Can't find legal citing on it right this minute though.

This is what I've always been told.

If someone has time to look into this closer....A rep awaits. And lots of Thanking of course!

 

[MrsGungho]

This is just what I've been told. By different folks in law enforcement. That being said, they obviously don't do a background check (yet) for people looking to purchase ammo. So it may be illegal, but obviously it can be done.

To the OP...In the meantime, I would not have your ammo readily available (to him) until YOU find out the law reguarding to it.

I, by no means am a lawyer, Nor do I try to act like one. If you want the laws...you need to do your research.




This is what I've always been told.

If someone has time to look into this closer....A rep awaits. And lots of Thanking of course!

I still can't find the actual statute, however a case filed in federal court earlier this month

A Ware man was charged today in federal court with Possession of Ammunition by a Convicted Felon and Manufacturing Explosive Materials without a License.

Federal Bureau of Investigation - The Boston Division: Department of Justice Press Release

 

[darinb]

?

Unless it has changed you can get in serious trouble if you possess a firearm and live with a person with a felony. The ATF sees them as a felon and you technically (at least the way they see it) are putting a firearm in front of a felon. When I worked selling guns several situations came up where a person owned guns and married or lived with a person with a felony and got into legal trouble. I also had a friend who got a felony and still lived at home and he nor his father was allowed to have any firearm in his residence. Just a little of my experience but I would call the ATF on that one. Its is a tricky one.

 

[Glocker]

Thanks for the response fellas. I guess now I have to make a tough decision. I'm also tempted to call the State Police to be certain but honestly I dunno if they want to hassle with calls like these or if its even the right people to call.

 

[12bee]

ATF Online - Bureau of Alcohol, Tobacco and Firearms Click on B-5 Prohibited persons and this is the federal regulation.(1) Has been convicted in any court of a crime punishable by imprisonment for a term exceeding 1 year