[Tx] Family member on probation/my owning firearms a prob?
- Thread starter Satanta
- Start date
Just make sure he (or she) can't get ahold of them and you should be ok! I have an uncle who made a mistake many years ago. He went to the big-house and paid his dues. Since then he has lived a model life, raised 4 kids and is an avid hunter. He had a wife and family and got a good job. Most these days don't. Use your best judgement. Of course I know nothing of Texas laws but I assume that unless you are letting him borrow your toys, your'e ok. PS Johnson on the Way! Take Care White Bear
Well, all my toys are broken down, boxed and taped like tape was free. :0 I keep it all packed up because I have nephews and nieces that visit. I'm gonna put my crap in storage and go live in the woods anyway. Tired of this life and ready to go back to bein injun again. 
------------------
Satanta, the Whitebear
Sat's Realm: http://SatantasRealm.tripod.com/Entrypage/entrypage.html
My Disability petition: http://www.PetitionOnline.com/DisbHelp/petition.html
------------------
Satanta, the Whitebear
Sat's Realm: http://SatantasRealm.tripod.com/Entrypage/entrypage.html
My Disability petition: http://www.PetitionOnline.com/DisbHelp/petition.html
Satanta,
You have my name and number - we can work something out.
Oh! And when you call ATF, remember my name is Dennis Gale! Earlier convicted of terrorist threats against the President and Congress, I just escaped from Leavenworth and I'm living with my older brother Enoch helping him make pipe bombs!
-------
Dear three and four lettered government eavesdroppers and law enforcement agencies. This post is meant to be crude and revengeful humor against a fellow TFL member. Nothing more.
[This message has been edited by Dennis (edited September 03, 2000).]
You have my name and number - we can work something out.
Oh! And when you call ATF, remember my name is Dennis Gale! Earlier convicted of terrorist threats against the President and Congress, I just escaped from Leavenworth and I'm living with my older brother Enoch helping him make pipe bombs!
-------
Dear three and four lettered government eavesdroppers and law enforcement agencies. This post is meant to be crude and revengeful humor against a fellow TFL member. Nothing more.
[This message has been edited by Dennis (edited September 03, 2000).]
Satanta,
In California a person on probation might have a "no weapons" clause. If so, the firearms must be secured in a safe or have locks on them and the probationer must not have access to them. If these conditions are not met the PROBATIONER goes to jail, it does not matter if the firearms are not theirs. Also the firearms might be confiscated if the probationer is allowed to stay in the residence.
Another thing to think about are probation search clauses. All LEOs (probation, police, sheriff, parole, etc.) are able to search any areas of the home that the probationer has access to. The probationer agrees to these terms when they are given probation and they are told they should discuss this with the people they are living with. What probation tells people is if they have probationers living with them and don't like these conditions they need to kick the probationer out. There are some problems when having a probationer/parolee living in your home that most people do not realize.
The above applies to California although I would guess most states are similiar.
In California a person on probation might have a "no weapons" clause. If so, the firearms must be secured in a safe or have locks on them and the probationer must not have access to them. If these conditions are not met the PROBATIONER goes to jail, it does not matter if the firearms are not theirs. Also the firearms might be confiscated if the probationer is allowed to stay in the residence.
Another thing to think about are probation search clauses. All LEOs (probation, police, sheriff, parole, etc.) are able to search any areas of the home that the probationer has access to. The probationer agrees to these terms when they are given probation and they are told they should discuss this with the people they are living with. What probation tells people is if they have probationers living with them and don't like these conditions they need to kick the probationer out. There are some problems when having a probationer/parolee living in your home that most people do not realize.
The above applies to California although I would guess most states are similiar.
Jedi Oomodo
New member
Since I don't know where you live, I can only give generalities, and second the advice about consulting a lawyer. Just make sure he isn't going to charge you for it, though!
My stepfather is on parole (not the same thing as probation, of course, but similar), and recently stayed several hours at my house to watch my 1yo while the wife and I were out. I asked him if my guns in the house would get him in trouble, and he said "no", as long as he did not have access to them. All guns in my house were either cased and locked, or had a cablelock through the action. I don't think probation vs. parole would make much difference, since in either case there was a felony conviction (your family member is on probation for a felony, yes?) and would be prohibited by law from having access. The actual sentence (jail time vs. probation time) would be irrelevant. BTW, will this probationer actually be living with you, or visiting?
Disclaimer: I am not a lawyer, nor do I play one on TV.
------------------
Pray as though it's all up to God, act as though it's all up to you.
Aim small- miss small...
If it isna Scottish, it's CRAP! RKBA!
[This message has been edited by Jedi Oomodo (edited September 03, 2000).]
My stepfather is on parole (not the same thing as probation, of course, but similar), and recently stayed several hours at my house to watch my 1yo while the wife and I were out. I asked him if my guns in the house would get him in trouble, and he said "no", as long as he did not have access to them. All guns in my house were either cased and locked, or had a cablelock through the action. I don't think probation vs. parole would make much difference, since in either case there was a felony conviction (your family member is on probation for a felony, yes?) and would be prohibited by law from having access. The actual sentence (jail time vs. probation time) would be irrelevant. BTW, will this probationer actually be living with you, or visiting?
Disclaimer: I am not a lawyer, nor do I play one on TV.
------------------
Pray as though it's all up to God, act as though it's all up to you.
Aim small- miss small...
If it isna Scottish, it's CRAP! RKBA!
[This message has been edited by Jedi Oomodo (edited September 03, 2000).]
Not that this is any of my business, but I have a question:
How is "access" defined in the context of probation/parole?
Unless a gun is in a secure container, someone has access to it even if it's got a cable or trigger lock installed, or otherwise disabled. The person at the business end of that gun when the robbery or other crime goes down is unlikely to notice the non-operational status of the piece.
------------------
"Anyone feel like saluting the flag which the strutting ATF and FBI gleefully raised over the smoldering crematorium of Waco, back in April of ‘93?" -Vin Suprynowicz
How is "access" defined in the context of probation/parole?
Unless a gun is in a secure container, someone has access to it even if it's got a cable or trigger lock installed, or otherwise disabled. The person at the business end of that gun when the robbery or other crime goes down is unlikely to notice the non-operational status of the piece.
------------------
"Anyone feel like saluting the flag which the strutting ATF and FBI gleefully raised over the smoldering crematorium of Waco, back in April of ‘93?" -Vin Suprynowicz