carrying in the presence of known felons

[Sanford]

Okay ... I'm carrying, and stop to see an old friend who invites me in to visit.

Her boyfriend is also there and is a convicted felon who completed his sentence and was released - not on any sort of parole, etc. that I'm aware of.

So - legally...

1) Can I go in?
2) Does he have to leave?
3) Or do I have to go back and put it in the car?

... what say the pundits of OSA? What are the possible outcomes should there be an encounter with law enforcement? It's an apartment complex with a history of frequent problems, which is why I prefer not to leave it in the car.

 

[cody6766]

how does you having a gun on your person violate the laws preventing the felon from having a gun. It's on you, not the table. I could be way off here and am only working off of common sense, but if I am wrong, the law seems to need work.

 

[SMS]

I don't believe carrying on your person during a personal, short, visit meets any definition of possession by a felon; it is neither constructive nor physical possession.

That being said:

1) Convicted Felon (depending on the nature of the felony) and 2) Apartment complex with history of problems = Invite your old friend over to your place instead.

 

[Sanford]

how does you having a gun on your person violate the laws preventing the felon from having a gun. It's on you, not the table. I could be way off here and am only working off of common sense, but if I am wrong, the law seems to need work.

I agree - but yet it seems that if my friend owned it and he were to move in with her, she'd have to forfeit her right to carry based on no more than his presence there? Seems a pretty fine line, thus the question. Probably no clear answer other than in a court case, but wanted to see what sort of opinions came up from this group of "reasonable people".

 

[Sanford]

Invite your old friend over to your place instead.

That would probably be an incitement to violence on the part of my wife. She knows about and tolerates the existence of the friendship, but she doesn't want to know or hear anything else about it. I'd rather take my chances with the problems at the apartment complex.

 

[ChuckC]

Seems to me it could be a problem for the felon if anyone, common sense tells me it shouldn't be your problem. I could be wrong.

 

[SMS]

That would probably be an incitement to violence on the part of my wife. She knows about and tolerates the existence of the friendship, but she doesn't want to know or hear anything else about it. I'd rather take my chances with the problems at the apartment complex.

LOL...you've opened up a whole different set of complications there.

 

[DFarcher]

I agree - but yet it seems that if my friend owned it and he were to move in with her, she'd have to forfeit her right to carry based on no more than his presence there? Seems a pretty fine line, thus the question. Probably no clear answer other than in a court case, but wanted to see what sort of opinions came up from this group of "reasonable people".

You can carry your firearm, no problem. In the other situation it is illegal to knowingly provide a felon access to a firearm, and its illegal for a felon to live in a home where firearms are present. Seems clear cut to me.

 

[Mr10mm]

1) Can I go in? Yes you can go in, you can go wherever you want. Remember you have the gun.
2) Does he have to leave? If you want him to leave yes of course you have the gun.
3) Or do I have to go back and put it in the car? No. If your worried about the police busting the door down just toss him the gun..... who they going believe?
.

See above for correct response. ......

 

[Sanford]

... and its illegal for a felon to live in a home where firearms are present.

Okay, so if he'd have moved in and been living there - would my carrying have made firearms "present"?