Rent a room to someone on probation...

[Avon76]

I rent a room in the house I own to someone that has been put on probation for an offense not related to guns / alcohol. Really he pled to get it over with. Anyway I am a LTC owner and am finding out that the probation guidelines say that he can not be in a house with guns.

My real question is, if he only rents a room then why should I have to remove everything from my house? Any help would be greatly appreciated.

 

[straight-shooter]

More to the point is you know your doing something you shouldn't do. I wouldn't question the guidelines but i would be more inclined to abide by them. He's the one who screwed up so by all means I would make him leave. Sounds harsh but that's what i would do before my right to own firearms was endangered or revoked.

 

[singlestacksig]

it is his problem, not yours..
If the terms of his probation says he can not stay in a building with guns, then he can not stay there.. he is still resposible for any other contract he entered into , say rent, but it is a contract for his probation.. you are not party to it..

 

[Goodcat]

I would never let a few hundred bucks in rent from a replaceable tenant prevent me from being armed. Boot him

 

[yeti rider]

I'm positive the renter can get in trouble (parole revocation, if he's on it) and possibly you as well. I'd ask him to leave.

 

[DoggyDaddy]

I'm not a lawyer or LEO, but it's my understanding that if they are going to do a house check, they can only check his living area. That gets kind of murky though if he has access to the entire house even though he only rents "a room". It might be different if it were a separate living area altogether (self-contained more or less). You may be able to ask the question of someone in community corrections anonymously and get a definitive answer though.

 

[XSVskill]

I was on probation and at my initial meeting with the PO I asked her about the gun rule...I explained to her my competitive and recreational shooting history and she agreed to disregard that rule.

I'm not saying every PO would be that lenient, but it’s possible.

 

[DoggyDaddy]

I was on probation and at my initial meeting with the PO I asked her about the gun rule...I explained to her my competitive and recreational shooting history and she agreed to disregard that rule.

I'm not saying every PO would be that lenient, but it’s possible.

Good point. Obviously if the probation was for some kind of violent crime (assault, battery, domestic violence), I'd imagine that it would be out of the question.

 

[youngda9]

You know he's got to go...So man up and give him the boot.

 

[a.bentonab]

I was on probation and at my initial meeting with the PO I asked her about the gun rule...I explained to her my competitive and recreational shooting history and she agreed to disregard that rule.

I'm not saying every PO would be that lenient, but it’s possible.

Better get that in writing, signed and dated.

 

[Ridgeway]

I was on probation and at my initial meeting with the PO I asked her about the gun rule...I explained to her my competitive and recreational shooting history and she agreed to disregard that rule.

I'm not saying every PO would be that lenient, but it’s possible.

Be careful. I presume you aren't on probation any more as you phrased it in the past tense.

However, FWIW it sounds like he may have agreed not to report it as a probation violation and thus not have your probation revoked.

But you could still be charged & convicted of being a felon in possession in a firearm (if it was felony probation- the judge likely mentioned this at sentencing. Though I imagine it wasn't for a felony else I doubt you'd be on a gun forum But you could still run into issues even it it's just a misdemeanor if found with a gun by another law enforcement official per the Court's Order.). A PO can not "waive" a felony offense or alter a Court Order. It is still a crime.
Even the Court cannot do such a thing in its Orders (w/felonies).

^ Not legal advice nor licensed in Indiana. But I would imagine IN is similar to KY law in this regard.

 

[cobber]

I was on probation and at my initial meeting with the PO I asked her about the gun rule...I explained to her my competitive and recreational shooting history and she agreed to disregard that rule.

I'm not saying every PO would be that lenient, but it’s possible.

If 'no firearms' was a COURT order, the PO does not have the discretion to waive it. If your probation had been revoked, do you suppose she would have gone to jail in your place?

If you were on probation for a felony offense, her leniency wouldn't mean squat to the BATFE and the local USA.

If you were on probation for a 'serious violent felony', double plus ungood for you. Take your pick, state or federal pen.

 

[griffin]

Felons can live in a house with guns. That is not against the law. They just can't have access to them. If they are in a safe and the felon doesn't know the combination, he doesn't have constructive possession.

Nevertheless, I wouldn't want to be subject to any of his probation conditions, such as access/search of his living quarters, if such a thing exists.

 

[davedolli]

My opinion is that the negatives outweigh the positives on this. I would not let him stay there.

Dave

 

[GodFearinGunTotin]

it is his problem, not yours..

^^^^^^^^this!^^^^^^^

I'm guessing your renter is a relative or close friend. Otherwise, I'd be guessing you'd be telling him/her the guns are staying and they'd be leaving if that was the choice forced on you--at least that would be my position.

 

[JettaKnight]

Wow, seems like a lot of hate for the guy.

Maybe his PO is understanding that the guns are yours and not available to him. A renter/rentee relationship is not the same as if this guy is living in a house with a bunch of scofflaws with guns.

And I agree, he's the one who will get into trouble, not you. He needs to be responsible now (it sounds like he made a poor choice in the past...)


FWIW, I don't buy the, "I pled to just get it over" BS. Innocent men don't take felony plea bargains.

 

[DoggyDaddy]

Wow, seems like a lot of hate for the guy.

Maybe his PO is understanding that the guns are yours and not available to him. A renter/rentee relationship is not the same as if this guy is living in a house with a bunch of scofflaws with guns.

And I agree, he's the one who will get into trouble, not you. He needs to be responsible now (it sounds like he made a poor choice in the past...)


FWIW, I don't buy the, "I pled to just get it over" BS. Innocent men don't take felony plea bargains.

Well, to be fair, the OP never said it was a felony that the renter was charged with... If it IS, then it would be all the more reason to be cautious about the whole situation. However, probation doesn't necessarily mean "felony".

 

[mcolford]

Unfortunately, you are in a tough spot. I am also assuming this is a friend or family, and it aint never good to have to give them the boot. But at the same time, this person is the one that committed the offense or accepted the plea bargain.

I'd say if the terms of the probation are no firearms, there is only one thing to be done. Sucks, but thats just how it is. Thats why I dont do business with family (or the ones that are as good as family)....

Sorry man... Offer to let him/her come back after the probation is over??? Thats about all I got in the line of advice.

 

[lucky4034]

Wow, seems like a lot of hate for the guy.

Maybe his PO is understanding that the guns are yours and not available to him. A renter/rentee relationship is not the same as if this guy is living in a house with a bunch of scofflaws with guns.

And I agree, he's the one who will get into trouble, not you. He needs to be responsible now (it sounds like he made a poor choice in the past...)


FWIW, I don't buy the, "I pled to just get it over" BS. Innocent men don't take felony plea bargains.

This

 

[Ted]

So what?

If he doesn't know about the firearms, and you don't know he is prohibited......and you don't have to even speak to the P.O. if and when they come to the home.