Felon's Father's problem.......

[Dougw]

The son of a friend of mine was convicted of felony DWI...The son still lives at home. Prior to and after his conviction, ALL of his father's guns had to be removed from the house.
Questions:
-At what time can the Father get his guns back?
-How does the Father get his ability to get a 'accepted' NCICS check restored?
-If the son moves out of the father's house and moves into another house that is still on the parent's property, is the father free to get his guns back?...
If this question has already been asked, I apologize...Thanks

[fingers80002]

He can have them right now.
As long as the son does not have access to them.

Why would the father have an issue with a PICS check?

[Dougw]

Last week he was rejected.....(he has never been rejected prior to his son's conviction).... He is protesting...but the dealer felt it was because his listed address was the same as the felon son's...????

[Dougw]

Does he have to go to the Sheriff to get his approval for the guns to be returned to his house?...

[WhiteShadow]

As far as i'm aware, what fingers said is right. Why should this affect the father as long as the father has the guns locked up and the son doesnt have any access to them? But, i can also see the flip side of the coin...theres no way for the police to be sure that the son cant get to the fathers guns. After all, they live in the same home.

I'm sure GunLawyer will swoop in like a hawk and unveil the real truth.


Regardless, this sounds like a good reason to kick the son out of the house to me. If i was the father, thats what i would do, especially if he did anything that would affect my firearms.

[GunLawyer001]

Is the son a "Junior"? Similar name & same address would get a denial.

[fingers80002]

As far as i'm aware, what fingers said is right. Why should this affect the father as long as the father has the guns locked up and the son doesnt have any access to them? But, i can also see the flip side of the coin...theres no way for the police to be sure that the son cant get to the fathers guns. After all, they live in the same home.

I'm sure GunLawyer will swoop in like a hawk and unveil the real truth.


Regardless, this sounds like a good reason to kick the son out of the house to me. If i was the father, thats what i would do, especially if he did anything that would affect my firearms.

Learned that from gunlawyer001, at his seminar.....

[subdude]

First, IANAL

Now, as to my understanding, the law reads that there may be no weapons in the residence or on the property. Went thru this with my daughter. Having my guns secured in my safe without her having access was not sufficient to satisfy the requirement, they all had to be physically removed as long as she lived there.

Made it much more difficult to go shooting, or even feel warm and fuzzy about home defense. Good luck!

Jim

[GunLawyer001]

First, IANAL

Now, as to my understanding, the law reads that there may be no weapons in the residence or on the property. Went thru this with my daughter. Having my guns secured in my safe without her having access was not sufficient to satisfy the requirement, they all had to be physically removed as long as she lived there.

Made it much more difficult to go shooting, or even feel warm and fuzzy about home defense. Good luck!

Jim

What law "reads" that way?

It may sometimes be added as a condition of parole, but prohibited persons aren't barred from physically being in the same room as a gun, they are just barred from having custody & control.

What a parole officer or cop tells you the law is, is not necessarily what the statutes say, and it's the statutes that win that difference of opinion.

[Xringshooter]

Only thing I saw in the UFA was that the prohibited could not have access to the guns. So it they were locked, either with lock and key which the prohibited person had no access to, or in a safe, again that the person had no access to, the guns could be in the same house. Now, if the person that controlled the guns allowed the prohibited person access to said guns, then the person that controlled the guns would be in deep do-do.