Marrying an Ex felon.

[jmoney]

Not even a look a like toy gun, no paintball, no airsoft , not even A Look a Like Gun...no
NO..On point , if shes the felon she will be the one to get in trouble ....unless You start some...

This is correct. I literally just had to look that up the other day in the statute book. Felons are indeed charged with possession of a firearm AFCF for possession of a pellet pistol.
Furthermore, a quick search showed plenty of cases involving the same problem. I couldn't find the one I was thinking of that dealt with constructive possession when weapons were stored in a safe where the defendant did not have access too. I want to say that in that particular case the court still held that the defendant had knowledge of the weapons, and dominion and control over the premises so they found it to be possession AFCF. Can't be for sure though. Just doing a quick search I found plenty of case law that dances around the issue. I would contact a well seasoned defense attorney to get their thoughts on the issue, but I wouldn't be shocked if a felon was at the minimum indicted for residing somewhere where firearms are located, regardless of whether or not they where inside a safe.

 

[criticalbass]

I deleted a couple of pistolguy's threads. That probably accounts for it.

Thanks. I made what I thought was a constructive post recently, went to search to see responses to it, and couldn't find it. I will occasionally write up some masterpiece, go to the preview function, and forget to post it. I thought I was at it again. Now I feel better. That thread needed deletion.

Is it possible to determine whether pistolguy is really new or is some current member having us on?

 

[Belthos]

http://www.lawqa.com/qa/can-felon-live-in-home-with-gun-if-it-belongs-to-someone-else2

What I distilled from reading the above page is.

If there is a gun or ammunition in the house the felon is at grave risk of a mandatory prison sentence.
You are at a slight risk of being charged with accomplice to the crime of a felon in possession.

They give the following advice to lessen the risks.

1) lock the guns AND ammunition in a safe. The felon must not have access to the combination or key.
2) better yet lock in a safe with a biometric lock that the felon cannot open. They do note that this may fail to function when your life depends on opening the safe.
3) better still, biometric safe locked in a room of the house that the felon does not have a key to and is not allowed to enter.
4) best of all, they said in some cases you may petition the court for permission and this would be the gold standard.

Read the lawyer opinions yourself is my advice, my list is only a distillation of what they said that caught my attention.

 

[Belthos]

I should make it clear that the vast majority of lawyers on that forum advised against having guns and ammunition in the house regardless of your precautions.

 

[druryj]

If a person isn't sane/trustworthy/corrected enough to be around firearms, they probably shouldn't be let out of prison. People with previous felonies deserve the same right to protect themselves as you or I do.
Good news is, black powder firearms are not firearms, and therefore felons can be around those, AFAIK. Guess you can always start up a BP collection.

In your opinion. So, a person who commits a felony with a firearm, goes to prison, does the time and gets released should be allowed to have a gun again? What if they do the same thing again? How many times does this repeat itself? In my opinion, your comment is borderline ridiculous. I think conviction of a felony, particularly involving a firearm, means you don't get to have, fondle, carry, shoot, hunt, or play with guns anymore after that...period. I don't want felons to have guns.

 

[jmoney]

I should make it clear that the vast majority of lawyers on that forum advised against having guns and ammunition in the house regardless of your precautions.

I agree with this, I believe just knowledge of the firearm in the home is going to be an issue. If I get a break at some point I will try and flip open the criminal law book and track down the case I'm thinking of. If I remember right, even though the felon did not have access to the safe, the fact that they were domiciled in the home and had knowledge that the firearm was present was enough for constructive possession. I could be wrong though.

 

[jmoney]

In your opinion. So, a person who commits a felony with a firearm, goes to prison, does the time and gets released should be allowed to have a gun again? What if they do the same thing again? How many times does this repeat itself? In my opinion, your comment is borderline ridiculous. I think conviction of a felony, particularly involving a firearm, means you don't get to have, fondle, carry, shoot, hunt, or play with guns anymore after that...period. I don't want felons to have guns.

And...thats pretty much the reason behind the rule. Additionally, the guy that posted your quote is flat out wrong. Felons can't even have an airsoft pistol per oklahoma statutes.