brownandgreen
Inactive
This is a bit long and involved, I apologize. And I will readily say upfront that I should have posted here with questions before the events described below, but hindsight is 20/20.
This summer my fiance and I moved across the country. My fiance is a felon from 14 years ago. I own several handguns and have always been cautious to make sure they were not "accessible" to him.
As part of the moving process, I hired a (non-felon) friend to drive my car and some of my belongings from my previous residence to my new one. Among my belongings that needed to be moved was a pistol. Because my fiance was accompanying the guy I hired to move my stuff, I called the ATF and asked if there was a legal way to transport the pistol in the car with my fiance (felon) also present.
I was told that the gun had to be in one locked case, the ammo in a separate locked case, in the trunk (not the cabin) of the car, and the non-felon had to retain possession of the case keys at all times. This was abided by.
During the trip, my fiance took over driving when the other guy got tired, and got pulled over in KY for going 77 in a 70. The cop was preparing to give a warning ticket, asked if there were any weapons in the car, and it was volunteered that there was a gun in the trunk. Both my fiance and the guy I hired explained the situation (the gun is mine, car is mine, guy was hired, guy had keys in his pocket, fiance had no access to keys) but long story short, the state of KY has charged my fiance with possession by a felon.
FWIW, the county was willing to drop the charges under the circumstances, but b/c my fiance's previous felony was for armed robbery - which he didn't do, but they don't care - the state refused to drop the charges @ pretrial.
The *state* is currently sitting on the charges. Apparently KY doesn't work like any other state, and they will take all his case info into a closed door meeting w/ a grand jury in December, and the grand jury will come back together in January to decide whether or not to prosecute.
So...I realize I should have simply sent it via FFL, but again, highsight = 20/20.
I need any and all advice, statutes, information, etc that I can get. I need to get it all into the hands of the prosecutor before this grand jury meeting in December. I know all you intelligent and educated people will have something useful to tell me!
TIA.
This summer my fiance and I moved across the country. My fiance is a felon from 14 years ago. I own several handguns and have always been cautious to make sure they were not "accessible" to him.
As part of the moving process, I hired a (non-felon) friend to drive my car and some of my belongings from my previous residence to my new one. Among my belongings that needed to be moved was a pistol. Because my fiance was accompanying the guy I hired to move my stuff, I called the ATF and asked if there was a legal way to transport the pistol in the car with my fiance (felon) also present.
I was told that the gun had to be in one locked case, the ammo in a separate locked case, in the trunk (not the cabin) of the car, and the non-felon had to retain possession of the case keys at all times. This was abided by.
During the trip, my fiance took over driving when the other guy got tired, and got pulled over in KY for going 77 in a 70. The cop was preparing to give a warning ticket, asked if there were any weapons in the car, and it was volunteered that there was a gun in the trunk. Both my fiance and the guy I hired explained the situation (the gun is mine, car is mine, guy was hired, guy had keys in his pocket, fiance had no access to keys) but long story short, the state of KY has charged my fiance with possession by a felon.
FWIW, the county was willing to drop the charges under the circumstances, but b/c my fiance's previous felony was for armed robbery - which he didn't do, but they don't care - the state refused to drop the charges @ pretrial.
The *state* is currently sitting on the charges. Apparently KY doesn't work like any other state, and they will take all his case info into a closed door meeting w/ a grand jury in December, and the grand jury will come back together in January to decide whether or not to prosecute.
So...I realize I should have simply sent it via FFL, but again, highsight = 20/20.
I need any and all advice, statutes, information, etc that I can get. I need to get it all into the hands of the prosecutor before this grand jury meeting in December. I know all you intelligent and educated people will have something useful to tell me!
TIA.