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Thread: Living with a felon
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November 24th, 2010, 11:51 PM #1
Living with a felon
Submitted for your perusal...
The Volokh Conspiracy
Second Amendment Protects Gun Possession by the Housemates of Felons
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November 25th, 2010, 12:21 AM #2
Re: Living with a felon
Good to hear. Of course, there are natural limits to your rights when you choose to merge your life with that of a felon or other prohibited person.
You may be totally innocent of any crime, but if your spouse goes to jail, this will affect your right to intimate relations with your spouse, outside of occasional conjugal visits. If your spouse is on parole and limited in his travel, this affects your right to interstate travel with your spouse. If your spouse is a sex offender but you want to continue living together or working together or traveling together, your options are limited by proximity to schools and any other restrictions.
As I've said many times here, the innocent spouse retains all rights, but if you want to live with a prohibited person, you'll have to make some compromises. Basic precautions should pretty much immunize you from successful prosecution; a locked gun vault should suffice.
In the linked case, there may have been evidence that the felon was in the habit of showing the rifle to his buddies; that would suffice as proof of his access, custody & control, and the fact that she locked it up between his play dates wouldn't help her.
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