Pennsylvania Firearm Owners Association
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  1. #11
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    Default Re: Firearms and people on probation and parole?

    Something you should check into before getting a firearm, lets say you haven't yet, would it be legally ok for you to own and keep firearms if you are actively living there and not just storing them, sounds like it could cause problems.

  2. #12
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    Default Re: Firearms and people on probation and parole?

    I have a question along these lines, but a slightly different scenario. My roommate's partner is currently in jail for DUI charges (non violent), and will be up for parole soon. He has applied to come live at our residence in my roommates room upon his release. I have recently purchased a handgun and am storing it in a lockbox that only I have access to in my room. Will this cause a problem with his parole? Will they deny it? I live in the city of Harrisburg if these laws are regional and that helps with an answer. Everything I have found is unclear and Iíd like to help calm my roommates nerves on the issue. Sorry if this is a redundant post, but I am new to firearm ownership and am looking for some advice.

    Along the same lines, if the gun needs to be out of the house, what would be the best way for me to be able to keep it, but at a different location (like at a family memberís home)?

  3. #13
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    Default Re: Firearms and people on probation and parole?

    There are way too many variables in either case including whether it is state or county parole and probation.
    Take the earlier officers advice and call the appropriate agency and CYA

  4. #14
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    Default Re: Firearms and people on probation and parole?

    Quote Originally Posted by GetGood55 View Post
    I have a question along these lines, but a slightly different scenario. My roommate's partner is currently in jail for DUI charges (non violent), and will be up for parole soon. He has applied to come live at our residence in my roommates room upon his release. I have recently purchased a handgun and am storing it in a lockbox that only I have access to in my room. Will this cause a problem with his parole? Will they deny it? I live in the city of Harrisburg if these laws are regional and that helps with an answer. Everything I have found is unclear and Iíd like to help calm my roommates nerves on the issue. Sorry if this is a redundant post, but I am new to firearm ownership and am looking for some advice.

    Along the same lines, if the gun needs to be out of the house, what would be the best way for me to be able to keep it, but at a different location (like at a family memberís home)?
    I am curious in these scenarios if the legal gun owner can find themselves in legal trouble for having firearms in the same residence as someone on parole. You would think it would be the burden of the paroled person to stay away from firearms not for the firearm owner to keep them away from the paroled person.

    I think there is also a difference between a family in a single family home and a roommate agreement as there is differences between shared and private spaces.

    Regardless it's good firearms safety to secure all firearms not directly in use.

    Sorry to get off topic. But I've heard a significant amount of people who don't carry but have "strategically placed" firearms throughout the house. This to me is an open invitation to get shot by your own gun when coming home unarmed.

  5. #15
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    Default Re: Firearms and people on probation and parole?

    As long as the parolee has no way to access the firearm then you are ok. If you have the gun on you (in a holster, purse, etc.) then it is considered to be secured from the prohibited person because you have control of the gun. If you leave in your private room and lock it in a container that ONLY you have the means to open it, then you are ok. Don't just put it in your bedroom closet and close your door, this is not considered secured no matter whether everyone knows it is your private area.

    IIRC this has been discussed before and people cited the appropriate laws concerning this.

    That said, the persons parole officer might give them other explicit directions. If they tell the parolee that he/she cannot live in a household that has guns in it, no matter how secure they are, then you have a bit of a problem. Then you have to decide what happens, which brings up more questions. If you are renting, who's name is on the lease? If it's yours, you should not have to be inconvenienced and you and the roommate need to come up with a plan. Why would you want to store it somewhere else? Doesn't do you any good at someone elses place if you get attacked at home.

    This scenerio has many different permutations, it can go in many different ways depending on what questions are asked or what solutions are suggested.

    Oh, and a legal gun owner is under no burden to insure that a prohibited person has no access to a gun UNLESS they know a person is prohibited. If they allow a prohibited person to live under the same roof, then they have to take the steps to keep it inaccessible to that person. The prohibited person is told what they have to do and if they fail to comply, they suffer the consequences. So a prohibited person going to a place that they know has guns needs to work with the gun owner to insure that they can comply with the terms of their probation/parole.
    Ron
    USAF Ret E-8
    NRA Endowment Member

  6. #16
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    Default Re: Firearms and people on probation and parole?

    Quote Originally Posted by capitolcop View Post
    There are way too many variables in either case including whether it is state or county parole and probation.
    Take the earlier officers advice and call the appropriate agency and CYA
    There's no need for the person asking the question to "CYA". That's the responsibility of the person bound by the probation/parole agreement. If I have a firearm in my home, and someone on probation/parole is residing their too, they are the ones who are at risk, not me. I'm not bound by the terms of their agreement.
    I am not a moderator.

  7. #17
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    Default Re: Firearms and people on probation and parole?

    CYA isn't a bad general principal.

  8. #18
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    Default Re: Firearms and people on probation and parole?

    Quote Originally Posted by Xringshooter View Post
    As long as the parolee has no way to access the firearm then you are ok. If you have the gun on you (in a holster, purse, etc.) then it is considered to be secured from the prohibited person because you have control of the gun. If you leave in your private room and lock it in a container that ONLY you have the means to open it, then you are ok. Don't just put it in your bedroom closet and close your door, this is not considered secured no matter whether everyone knows it is your private area.

    IIRC this has been discussed before and people cited the appropriate laws concerning this.

    That said, the persons parole officer might give them other explicit directions. If they tell the parolee that he/she cannot live in a household that has guns in it, no matter how secure they are, then you have a bit of a problem. Then you have to decide what happens, which brings up more questions. If you are renting, who's name is on the lease? If it's yours, you should not have to be inconvenienced and you and the roommate need to come up with a plan. Why would you want to store it somewhere else? Doesn't do you any good at someone elses place if you get attacked at home.

    This scenerio has many different permutations, it can go in many different ways depending on what questions are asked or what solutions are suggested.

    Oh, and a legal gun owner is under no burden to insure that a prohibited person has no access to a gun UNLESS they know a person is prohibited. If they allow a prohibited person to live under the same roof, then they have to take the steps to keep it inaccessible to that person. The prohibited person is told what they have to do and if they fail to comply, they suffer the consequences. So a prohibited person going to a place that they know has guns needs to work with the gun owner to insure that they can comply with the terms of their probation/parole.
    There is no access to the safe other than the key-code or keys, I am the only person that possesses either.

    There has been no mention of firearms by the parole officer and they have already completed a check of the premises. My name is on the lease with my roommate's as well, but if moving in the parolee would also appear on the lease. Currently, I understand that this is not an issue of me being legal or getting in trouble, but the parolee. I am trying to avoid living with a pissed off roommate, that's why moving the gun was mentioned, but just as an idea.

    Thank you all for the help/responses, I was mainly checking to make sure that it was not a state law that people on parole were prohibited from living in a home with a firearm (I only found laws stating that they could not possess/own themselves).



    EDIT: CapitolCop CYA is ALWAYS a good life rule. Thanks!
    Last edited by GetGood55; August 8th, 2011 at 04:59 PM.

  9. #19
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    Default Re: Firearms and people on probation and parole?

    Quote Originally Posted by GetGood55 View Post
    I have a question along these lines, but a slightly different scenario. My roommate's partner is currently in jail for DUI charges (non violent), and will be up for parole soon. He has applied to come live at our residence in my roommates room upon his release. I have recently purchased a handgun and am storing it in a lockbox that only I have access to in my room. Will this cause a problem with his parole? Will they deny it? I live in the city of Harrisburg if these laws are regional and that helps with an answer. Everything I have found is unclear and Iíd like to help calm my roommates nerves on the issue. Sorry if this is a redundant post, but I am new to firearm ownership and am looking for some advice.

    Along the same lines, if the gun needs to be out of the house, what would be the best way for me to be able to keep it, but at a different location (like at a family memberís home)?
    Good day Sir/Ma'am,

    Welcome to the forum and I hope you enjoy living where I was basically raised but under Mayor Reed's leadership.

    Anyway, I'm not a lawyer but I know I few things. One of which is this, have you Sir, ever heard of a first time DUI getting so much jail time that 1) They actually sit in jail/prison for a period of time and not just weekends 2) They are actually "PAROLED" from jail to the community as part of some rehab program?

    Well Sir, I have not. For a person to be sentenced for DUI to actual jail time usually means that the mandatory sentensing guidelines have been applied because they have prior convictions. So, you may know of only the most recent vehicle for incarceration but that doesn't mean this "Parolee" is not a career criminal or a disaster waiting to happen.
    I suggest you take a very serious look at what I've stated, research PA Criminal Court Dockets online and find out the criminal history of this "Parolee."

    Further, I question your roommates judgement and therefore your well being. If your roommate is one who has a thing for bad boys/girls, you could end up in a bad situation with drugs, stolen property, ending up in your home, or your personal property, including your firearm, missing.

    I urge you to seriously look at the whole picture of this scenario before placing your liberty at risk.

    Best of luck,

    CL

  10. #20
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    Default Re: Firearms and people on probation and parole?

    Thanks CL,

    I will definitely look into that, but from my understanding it was a THIRD offense DUI. I do not know my roommate to be that kind of person and I have known him for about 10 years (although there was a gap in the middle there). We both hold jobs for the State and I've lived here with him for about 6 months now. He already told me that he plans on moving out in February(when our lease is up) and the parolee is still incarcerated so I'm looking at about 3-4 months of living with him. I know that is plenty of time for bad things to happen, but I feel like that isn't the issue.

    That being said, I will look into the parolee's past and try to decide if it's worth trying to appease my current roommate.

    Oh, and our landlord has already cleared the parolee to live here and he is a lawyer with his own practice (http://www.midstatelaw.com/) and lives in the Camp Hill country club, so again I assume he wouldn't let a dangerous individual live in a home that is in nice condition.

    Thank you for the concern though...oh and Harrisburg isn't too bad except for Linda. (I'm originally from Southern York County, so it's definitely a different experience here...part of why I bought the gun.)

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