Can I keep my firearm in a locked safe in the same home as a convicted felon? 8 Answers as of February 07, 2011

I am moving in with my girlfriend (California) who is a convicted felon (addiction). I have registered firearms. Can I legally keep them in her home in a locked gun safe that she has no access to?

Ask a Local Attorney. 100% Anonymous. Free Answers.

Free Case Evaluation by a Local Lawyer: Click here
The Law Office of Harry E. Hudson, Jr.
The Law Office of Harry E. Hudson, Jr. | Harry E. Hudson, Jr.
Based on your post, the firearms are yours and you are legally allowed to possess them. So, YOU may take them anywhere you are legally permitted to do so in a legally permitted manner. YOU may, therefore, legally keep the weapons at your girl friend's house. THE REAL question is whether or not she may incur some legal liability because of their presence. The answer to that question is , maybe. More than one person may possess an object in a legal sense. The determining factor is whether or not a person can exercise "dominion and control". That is, does the person have rights to the property. You might also want to consider her legal position as it affects you. Is she still on probation? If so, you may not have any privacy rights as the cops can enter the residence at any time to search it. If she has dope in the house, both of you will be accused of having it. The guns will be confiscated as weapons in association with the crime of possession. Especially so if there are little baggies around and scales and sheets of paper with peoples names and telephone numbers.
Answer Applies to: California
Replied: 2/7/2011
Law Office of Peter F. Goldscheider
Law Office of Peter F. Goldscheider | Peter Goldscheider
There is no clear answer to your question although you are on the right track. As long as it is not possible for her to gain access to your guns she should be okay. You never know, however, how some probation officer or police officer will view the situation. A locked safe as opposed to merely keeping the guns in a separate locked room or showcase is probably the safest way.
Answer Applies to: California
Replied: 2/5/2011
Nelson & Lawless
Nelson & Lawless | Terry Nelson
That is a dangerous situation, for her. She would be guilty of federal and state felonies is she is found in possession or control of firearms or ammunition. Possessions is liberally interpreted by law enforcement and prosecutors to their advantage in such cases. I know another case where the firearm owners brother came to live with him after release from prison. In discussions with the felons probation officer, it was determined that the safest scheme was to have all firearms and ammunition locked in a true gun safe to which the felon had no access, in a locked room to which the felon had no access. Also, when the firearm owner wanted to open the safe, take firearms to and from the house, he made sure the felon was not in those rooms, preferably not in the house, and did not ride in a vehicle carrying firearms and ammo, even if locked in the trunk in locked cases. I suggest your felon have the same discussion with her probation/parole officer if she has any doubt.
Answer Applies to: California
Replied: 2/4/2011
Dennis Roberts, a P.C.
Dennis Roberts, a P.C. | Dennis Roberts
Yes but be damn careful. Make sure there is only one key and you have it in your possession at all times. NEVER let her touch them. If she is on probation or parole they can search your house.
Answer Applies to: California
Replied: 2/4/2011
Law Office of Eric Sterkenburg
Law Office of Eric Sterkenburg | Eric Sterkenburg
No you can't there can be no firearms in the home of a convicted felon.
Answer Applies to: California
Replied: 2/4/2011
    Bird & Van Dyke, Inc.
    Bird & Van Dyke, Inc. | Mary Ann Bird
    NO. She can be prosecuted for residing in a residence where firearms are stored as she is not allowed to own or possess a firearm as a convicted felon. Please do not bring firearms into the home where a convicted felon resides.
    Answer Applies to: California
    Replied: 2/4/2011
    Law Offices of Ryan P. Murphy
    Law Offices of Ryan P. Murphy | Ryan P. Murphy
    You need to see the actual "terms and conditions" set by the court. If you are looking to make sure her terms and conditions are not violated, generally the answer is no.

    Should you have any questions or concerns, feel free to contact my office at your earliest convenience.
    Answer Applies to: California
    Replied: 2/4/2011
Click to View More Answers: