carrying while with a felon

[338Shooter]

We had a pretty good thread about this a few months ago Carrying with a Felon thread.


Nobody said it was fair but the short version is that you are probably Ok because you didn't allow him to posses your firearm but HE GOES BACK TO JAIL

BC

I think this is correct based on the reading of the law. If you let him hold it you in trouble too.

 

[gearjammer]

You guys need to read the SDA Lawbook a little more often.

Thanks, dustingaunder, I believe you are right. I just took the easy way out so to speak. I don't hang around with the guy, he once in awhile asks for a ride someplace - to convenience store, tire shop or to pick his wife up from work. I know felons aren't allowed to have guns but I didn't know what the ramifications would be for either of us considering I am licensed and I would be keeping the weapon to myself. But now I do and I appreciate everybody"s input. I don't think I should lose my right to self defense just because I was helping a guy out.

 

[mons meg]

A. Except as provided in subsection B of this section, it shall be unlawful for any person convicted of any felony in any court of this state or of another state or of the United States to have in his or her possession or under his or her immediate control, or in any vehicle which the person is operating, or in which the person is riding as a passenger, or at the residence where the convicted person resides, any pistol, imitation or homemade pistol, altered air or toy pistol, machine gun, sawed-off
shotgun or rifle, or any other dangerous or deadly firearm.

Now I may sound like a contrarian here, but if we were to deconstruct that sentence, I believe that statement implies that the firearm has to be accessible in the car that the felon is riding in, not simply that the felon is in the same car as a firearm. It's the "nested or's" and the understood "to have" that makes it clearer if you re-insert the infinitive back in the various clauses.

Example:

to have in his or her possession OR
(to have) under his or her immediate control, OR
(to have) in any vehicle which the person is operating, OR
(to have in any vehicle) in which the person is riding as a passenger, OR
(to have) at the residence where the convicted person resides,

Anyway, I'm not the AG, so my opinion isn't worth beans in court, but I believe that's a reasonable interpretation of the law, otherwise it's possible to come up with perverse legal results such as additional charges for a parolee riding in the back of a police car in which the police are armed, etc etc.

 

[Shadowrider]

While I understand the severe restricitons imposed on parolees how would the fact that he is riding in a car with an armed CCW holder have any bearing. The parolee should have no knowledge of the presence of the firearm and does not have possession or control of the firearm. That would make as much sense as busting him for walking into a walmart that sells guns casue he might try to buy one.

This^^ It's always been my understanding that he has to have access to it. And if you have it holstered on your person and he has no knowledge of it to begin with, he doesn't have access to it.

Now I may sound like a contrarian here, but if we were to deconstruct that sentence, I believe that statement implies that the firearm has to be accessible in the car that the felon is riding in, not simply that the felon is in the same car as a firearm. It's the "nested or's" and the understood "to have" that makes it clearer if you re-insert the infinitive back in the various clauses.

Example:

to have in his or her possession OR
(to have) under his or her immediate control, OR
(to have) in any vehicle which the person is operating, OR
(to have in any vehicle) in which the person is riding as a passenger, OR
(to have) at the residence where the convicted person resides,

Anyway, I'm not the AG, so my opinion isn't worth beans in court, but I believe that's a reasonable interpretation of the law, otherwise it's possible to come up with perverse legal results such as additional charges for a parolee riding in the back of a police car in which the police are armed, etc etc.

I was going to point this out but you beat me to it. Can parole officer be charged? How about GED being charged for carrying his BUG concealed while he does a prisoner transport? What would be the difference between an actual prisoner and a parolee? So many questions!

 

[vvvvvvv]

Personally, I wouldn't want to be unarmed around a felon, especially a violent one. That's just me and my opinion.

Woody

Don't associate with felons, regardless of relation. Not that difficult a thing to do.

It's quite difficult to not associate with felons. I can think of a lot of really good friends that are convicted felons, quite a few that you would never expect - including higher-ups in a lot of small business and in the oil field. Almost all of these are CDS felons, with one that was convicted of a violent crime and served eight years. I know a lot of people who use his business and all I've ever heard from them is how great he is at what he does.

So, to not associate with felons regardless of relation for me would be to eliminate about 30% of my close relatives, which happen to be the 30% that actually accept me and don't try to push me to live their dream of what they think I should be.

Sounds like a very depressing life to lead.



Do I ever carry while riding with one of these felons? Absolutely not. It isn't worth it for me or them.

Do I carry when I am with them? It depends on where we are at. If we are going some place were I'd much rather carry (like Clinton, Weatherford, Elk City, or especially OKC), I take a separate vehicle. I've never had to explain. They've all said essentially the same thing - that it'd probably be better so I wouldn't have to deal with the hassle from the cop.

 

[liliysdad]

Its not difficult all. I know a lot of felons, and I dont associate with any of them, some are family. I dont do business with felons, especially those convicted of narcotics charges, regardless of how well they do business.

Its a choice, nothing more.

 

[vvvvvvv]

I should've probably noted, also, that I meant no disrespect in my post. Reading it again I see how abrasive it could be, although the tone of your post doesn't really make me feel like you took it that way - I just want to make sure I'm covered.

Most of these people I would've never known to be convicted felons, except sometimes when I'm bored I like to look people up on ODCR. Heck, some of my coworkers seem like model people, but I see a pretty common occurrence of POC among them.

My sister was upset with how much I disliked her last boyfriend (she usually chooses well, and he seemed pretty stand-up... but that might have been his time in the Navy). She got more upset when I showed his printout of the five restraining orders he had during the one year span between turning 18 and joining the Navy. She's going to pursue her Master's in another state for two reasons: one, she doesn't like our programs and two, she doesn't think I can check up on who she's seeing if she's in another state. Am I overprotective? Maybe a bit. but anyway...

 

[ray76]

I should've probably noted, also, that I meant no disrespect in my post. Reading it again I see how abrasive it could be, although the tone of your post doesn't really make me feel like you took it that way - I just want to make sure I'm covered.

Most of these people I would've never known to be convicted felons, except sometimes when I'm bored I like to look people up on ODCR. Heck, some of my coworkers seem like model people, but I see a pretty common occurrence of POC among them.

My sister was upset with how much I disliked her last boyfriend (she usually chooses well, and he seemed pretty stand-up... but that might have been his time in the Navy). She got more upset when I showed his printout of the five restraining orders he had during the one year span between turning 18 and joining the Navy. She's going to pursue her Master's in another state for two reasons: one, she doesn't like our programs and two, she doesn't think I can check up on who she's seeing if she's in another state. Am I overprotective? Maybe a bit. but anyway...

Was Robert De Niros roll in Meet the Fockers based on you??

 

[nofearfactor]

I would have to eliminate a few close friends and family members from association if it was based on whether I should be around felons while carrying. I figure as long as theyre not riding with me in my car I dont worry about it.

Showing up at family functions I leave mine in the car anyways. Who really needs to carry around family? Not me. I dont have to carry 24-7 and every where I go to feel safe in this world. Thats just paranoia IMO if you think you need to carry all the time.

If I had to give someone a ride who was known by me to be a felon I suppose I just wouldnt chance it and would let the pistole ride in the trunk. Is that legal? I am negating his/her access to it,within reach anyways. And its not too far away from me if I really need it.

What if someone comes to my home to visit. If I know theyre a felon,I will run around and go put them all in the safe. Thats what I usually do if I know that so&so is coming over. What if someone brings someone around me and theyre history is not known to me? Sometimes it isnt the main topic of conversation. They havent let it be known theyre a felon for whatever reasons and I havent let it be known I am carring legal. What then? I have a small recording/rehearsal studio at my house and have musicians over all the time and some are probably felons. I usually dont have one strapped on when though when we're out in the studio anyways. But theyre in the house(guns),which is attached.

I do always carry my knife and my hard earned trained ability to kick ass with me,so thats 2/3rds of my arsenal. Now when I get all old and dried up and my back and knees go out then I guess I better start to carry more to feel safe,or be safe. And not associate with known felons.

 

[Nanotech9]

of this section to possess or have control of any
pistol

Sub section E says you're only in trouble if you allow him to possess or have control of the pistol...

Subsection B is not 100% clear...

to have in his or her possession or under his or her immediate control,

Ok that makes sense...

or in any vehicle which the person is operating, or in which the person is riding as a passenger,

So, if the pistol is concealed on YOU the CCW holder, is it considered "in the vehicle?" Or is it considered concealed on your person? Seeing as how you would be in actual physical control...