General Question

JMCSD's avatar

Keeping a gun in a felon's home?

Asked by JMCSD (243 points ) February 11th, 2010

So I am turning 21 very soon. I plan to buy a pistol on my birthday. The issue is that I am currently still living with my parents, one of which is an ex-felon (been out of prison for over 8 years, was in for just over 3). I know this varies state to state, but I just cannot find any information on the subject. If I keep the gun in a lock box, with the only key being on me at all times, am I able to keep the gun in the same house as the ex-felon? A couple of points you might need:

Living in Missouri
It was a violent felony (not involving any sort of gun though)
I am squeeky clean, and if I was living in my own place wouldn’t even be asking.

Can anyone help?

P.S. While all information is appreciated, this isn’t a, “do you believe I should have a gun” question. So please don’t give me overly opinionated statements not relating to my question.

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18 Answers

CMaz's avatar

Felony was not a dangerous felon and as long as it was at least 5 years ago. You should be ok.

If you have nothing to hide, contact your local police department and ask.

Or contact the NRA

Dr_Dredd's avatar

Agree with @ChazMaz. Contacting the local police seems to be a good idea. Or, perhaps your state representative, to clarify the law?

HGl3ee's avatar

Yep, I think @ChazMaz‘s answer is dead on :) Call your local Police Dpt. They have all the law abiding answers regarding your question. Plus, I’m sure they will be happy you took the time to go about this the right way. Best to keep “squeeky clean”!

shilolo's avatar

According to the Missouri gun laws, “It is unlawful for a person convicted of or confined for a dangerous felony or an attempt to commit a dangerous felony to possess a concealable firearm for five years after such conviction or confinement.” Considering that it will be in your possession, and not concealed, you should be fine.

CyanoticWasp's avatar

I’d talk to your dad’s Parole Officer, if he still has one, or his former P.O.

UScitizen's avatar

Do not ask the police. Do not ask a parole officer. They have no duty to give you an accurate answer. Depending on the person’s prejudices, they might intentionally lie to you. There would be no repercussions for doing so. They would be violating no law. Later, any information you have revealed to them could be used against you.

UScitizen's avatar

If you want an answer you can rely on, get it from an attorney licensed in Missouri.

JMCSD's avatar

@UScitizen : Dang, there I was about to look up my county sheriff’s office to get my answer and you rain on my parade! JK, do you really think that the person in question would possibly lie because of their personal opinion? I’m not trying to sound naive, it’s just I wouldn’t think that would be a common practice in that kind of field. And also, I understand that an attorney would be my best bet, but I really think that its rather unfair to have to pay just to find out whether or not it’s illegal/legal.

JMCSD's avatar

@ChazMaz, I was going to follow your advice, but now @UScitizen has me all paranoid I’m going to get lied to, then prosecuted using the information I supplied them with :P

JMCSD's avatar

@CyanoticWasp, PO doesn’t sound like a bad idea…

CyanoticWasp's avatar

@JMCSD upon reflection, I like @UScitizen‘s answers. He’s correct that the P.O. or P.D. may lie to you if they want to get you or your dad in trouble, and there really is no penalty to them to do so. You can probably get a “free” answer from your state’s Attorney General—but you probably want the answer before your 22nd birthday, right? (I know that it’s your 21st birthday coming up; I’m suggesting that the answer you get from the Missouri AG’s office should be correct—and “free”—but it may not be timely.)

Since a former LA County sheriff’s deputy told me in all seriousness to never, ever tell the police anything you don’t absolutely have to, I’m inclined to retract my earlier advice. You may or may not get a good answer from a P.O. or cop, but if you pay an attorney or get an opinion from the Attorney General, then you have something (in writing) that you can rely upon.

CMaz's avatar

@JMCSD – If you are getting paranoid. Contact the NRA.

And you do not have to tell the police you have a gun just tell them you are looking to get one. Guns are not a scary thing as people might think they are.

Do you think you would be the first person to walk in the door to ask such questions.
It goes on all day long. You have a butt load of gun owners and carriers in your state.

CMaz's avatar

@UScitizen – “They would be violating no law. ”

Yes they would. They have to give correct information or they would be breaking the law. And, they can not plead ignorance. It is their job to know. Ok maybe not the PO.

In Florida we can have all sorts of toys. If I want a silencer for my gun. I pay my tax stamp then get the local Police Chief to sign off. If he refuses for any reason, he is in violation of my Federal right to have such a device.
He can kick and scream all he wants to. But he will have to sign off. Besides, do you think I would be the only one to apply for a silencer? It goes on all the time. It is routine in states that allow what it legally allowed.
If you feel after talking to some authority in your town that they are not right with their information. Contact the NRA or the BATF.

Buttonstc's avatar

what about contacting the local branch of the ACLU. I don’t believe they charge for their services and should be willing to give you accurate info pertinent to your locale.

CMaz's avatar

ACLU would probably send you to the BATF.

rottenit's avatar

Just call a criminal lawyer and explain the situation, often times the PD wont know who to transfer you to or they will give you the wrong answer.

bea2345's avatar

My experience with the police is limited to some 10 years as a librarian in a training college; but this I believe; if your father is a former convict, you really, really do not want to attract the attention of the local cops. Ask a lawyer.

throssog's avatar

Convicted felons are not allowed to be in Actual or Constructive Possession of a firearm ( excluding black powder weapons) by Federal Law. Worth about 5 years minimum for the weapon and 5 years for each shell. As to the State Law question: It may be that your state has some form of restoration , however, this will not affect the Federal violation.

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