Warning

 

Close

Confirm Action

Are you sure you wish to do this?

Confirm Cancel
BCM
User Panel

Site Notices
Posted: 8/28/2014 7:44:12 AM EDT
Okay so I am wanting to build/ buy my first firearm. This morning I let my room mate know that I will be going to a gun store today to purchase one or some parts, And to my absolute shock he replied "you can't do that, I am not allowed to have guns in my house because I am a convicted felon" first because he never told me about this, and second because I have never heard of this. I did a quick look over the gun laws in Ohio, and all I could find was that a felon could not legally purchase or own a gun. Is this true? He rents this home and it is in his name, Here in Ohio you don't need a permit to own or buy a rifle, shotgun, or pistol, only if I wanted to get my conceal carry would I have to get a permit. . If anyone can verify this?

I am sorry if this is a stupid question I just thought maybe someone here would know quicker than I could look this up (which I am still actively trying to do). I really don't wanna get him in trouble but don't be denied a sale of something I feel I SHOULD legally be allowed to own. (i have never even been to court)

thanks in advance to anyone who could help me get this figured out.
Link Posted: 8/28/2014 8:20:45 AM EDT
[#1]
Quoted:
Okay so I am wanting to build/ buy my first firearm. This morning I let my room mate know that I will be going to a gun store today to purchase one or some parts, And to my absolute shock he replied "you can't do that, I am not allowed to have guns in my house because I am a convicted felon" first because he never told me about this, and second because I have never heard of this. I did a quick look over the gun laws in Ohio, and all I could find was that a felon could not legally purchase or own a gun. Is this true? He rents this home and it is in his name, Here in Ohio you don't need a permit to own or buy a rifle, shotgun, or pistol, only if I wanted to get my conceal carry would I have to get a permit. . If anyone can verify this?

I am sorry if this is a stupid question I just thought maybe someone here would know quicker than I could look this up (which I am still actively trying to do). I really don't wanna get him in trouble but don't be denied a sale of something I feel I SHOULD legally be allowed to own. (i have never even been to court)

thanks in advance to anyone who could help me get this figured out.
View Quote


Rule # 1. - Never invite The Man into your life.  
Get a new room mate.  Or move out.  Having a roomie that is a convicted felon is inviting The Man into your life.  
Don't know the circumstances, don't care.  If shit goes sideways, say a warrant sweep or they come by for "questions", whatever, roomie is going to be covering his own ass first.  And that means your ass is hanging in the wind.  
Link Posted: 8/28/2014 8:24:07 AM EDT
[#2]
If for some reason you cannot get a new roommate (which I would also recommend) you will have to keep the gun in a safe that ONLY you have access to.

He cannot have access to your guns or ammo. Lock it up if it is not on your person.

I personally would not want to risk getting in trouble so I would just wait until you get a new roommate or move out.


Link Posted: 8/28/2014 8:27:21 AM EDT
[#3]
Really? that seems a little weird to me that I have to forfeit my right due to someone's previous mistakes, I was reading around that If i have firearm and ammo locked up then it was okay, I am still trying to confirm this.

And I am not even close to being able to just get another room mate, hell he is half the reason I am even able to get bye paycheck to paycheck.
Link Posted: 8/28/2014 8:32:20 AM EDT
[#4]
It's not so much forfeiting your right as it is covering your butt.
Link Posted: 8/28/2014 8:36:05 AM EDT
[#5]
Discussion ForumsJump to Quoted PostQuote History
Quoted:
It's not so much forfeiting your right as it is covering your butt.
View Quote

no this happened Like 10 years ago, he rents, I just throw him 50 bucks a month to stay here (nothing written down on paper) it was also a non-violent crime, he is actually one of the coolest dudes I know which is why I am so shocked. It kinda sucks that I would have to keep it under lock and key though... might aswell just move to canada.
Link Posted: 8/28/2014 9:08:11 AM EDT
[#6]
Discussion ForumsJump to Quoted PostQuote History
Quoted:
Really? that seems a little weird to me that I have to forfeit my right due to someone's previous mistakes, I was reading around that If i have firearm and ammo locked up then it was okay, I am still trying to confirm this.

And I am not even close to being able to just get another room mate, hell he is half the reason I am even able to get bye paycheck to paycheck.
View Quote


Just move out.  Don't associate with fucking felons as a rule, especially not live with them.

Felons don't have the same legal protections (warrants) for searches of their domiciles.  If you live with one.........see where this is going?

They also seem to attract the attention of the cops.

It isn't worth the trouble.
Link Posted: 8/28/2014 9:15:03 AM EDT
[#7]
Discussion ForumsJump to Quoted PostQuote History
Quoted:
Really? that seems a little weird to me that I have to forfeit my right due to someone's previous mistakes
View Quote View All Quotes
View All Quotes
Discussion ForumsJump to Quoted PostQuote History
Quoted:
Really? that seems a little weird to me that I have to forfeit my right due to someone's previous mistakes

You don't have to forfeit your rights due to someone's previous mistakes. You DO have to make sacrifices when you CHOOSE to live with somebody that made bad choices previously. You see, you weren't forced to live with this guy. You CHOSE to give up that right by CHOOSING to live with him.

Quoted:
Quoted:
It's not so much forfeiting your right as it is covering your butt.

no this happened Like 10 years ago, he rents, I just throw him 50 bucks a month to stay here (nothing written down on paper) it was also a non-violent crime, he is actually one of the coolest dudes I know which is why I am so shocked. It kinda sucks that I would have to keep it under lock and key though... might aswell just move to canada.

I'm going to say that because your name isn't on the lease and your "staying there" is just like a cash under the table type agreement you better tread very, very lightly. It will be very hard for you to prove that any firearms are yours and that he doesn't have possession of them (even if they're inside a safe). If he is the sole renter/lessee then anything in the house could very easily be considered to be in his possession.

I'm sorry about your situation, it sucks, but it's a situation that you've put yourself in. I understand that you may have fallen on hard times and you don't have any other options, but there isn't much you can do about that. And you definitely don't want to jeapardize your room-mate that his helping keep you afloat if that is the case. Other options (depending on state laws) may be PCP pistol or black-powder. You can have a muzzel-loading revolver that holds several shots and function very similar to a normal revolver but it isn't considered a firearm federally (state definition depends on what state you're in).
Link Posted: 8/28/2014 9:29:35 AM EDT
[#8]
It is a legal fine point.

If both your names were on the lease I would think locking the nasty guns () in a safe with you being the only one with access would cover things.

With the lease being only in his name the safe thing might not be good enough.

No firearms/prohibited items in residence might be a condition of probation so in that case the safe likely would be a no go also.

If I were to find myself in this situation I would certainly want to know more details of the guys past and then take action is needed.

He might have just been caught up is some bad actions by others or he could be a actual bad guy . Of course if he is a bad guy he likely has some great story explaining why he really isn't a bad guy.

Might be a wise time to hit the road
Link Posted: 8/28/2014 9:31:36 AM EDT
[#9]
You are about to make a ... big ... fucking ... mistake, and all of your erudite arguments don't make any difference at all.

Pack up your shit and move.
Link Posted: 8/28/2014 9:38:23 AM EDT
[#10]
Well I really shoulda seen all this happening anyway, its just been how things go when it comes to me, I don't make enough to live on my own. so I don't know what I am gonna do... I do know I am not gonna get a firearm, I am not gonna go hunting, I am not gonna go to the range. I can't hit the road or wouldn't without a firearm to protect myself, but disappearing does sound nice.

thanks for all the answers I really appreciate it.
Link Posted: 8/28/2014 9:39:50 AM EDT
[#11]
Yea ill just move... like its a snap of the fingers easy as fuck thing to do... I have nowhere to go... no family no nothing.
Link Posted: 8/28/2014 10:23:51 AM EDT
[#12]
TL; DR:  It may be possible to do but you have to be really careful and even then you can't ensure that the police won't attempt to charge him.  In addition, since he is helping you out and you are staying at his place, you should take his wishes into consideration.  It may be best to wait until the situation changes.

No one is saying that you can't buy a gun and that you lose your right to self-defense, but they are saying that under the current circumstances, it may not be the best ideal.

I don't know Ohio laws or case law, so take everything that I say with a grain of salt.  In no way am I providing legal advice.

There is a doctrine called constructive possession that essentially states that if something is in a person's area of control or where they have access, they are deemed to possess that item.  Thus, if you have a gun in the house and it is accessible to the felon, even if it is not his, then he can be deemed to have constructive possession of the firearm.

In some states, it is possible to have a firearm in a residence where there is a convicted felon.  However, in these instances, it is imperative that the firearm be kept completely separate from the felon.  This would generally be a safe that he does not have the combination to and has no access to.  However, this is not an ideal course of action for several reasons.  1)  As a term of their felony convictions, sometimes felons have waived the protection against unreasonable searches and seizures and thus the police can search the house at any time for any reason if this is the case.  2)  Even if the firearm is kept in a locked safe, this does not mean that the police will not attempt to seize the firearm and charge your roommate with possession of a firearm as a convicted felon.  He may ultimately be able to beat the charge in court but it will be a long, expensive fight for him and could put him in jeopardy.  You would also likely have to get involved because I would imagine that you would have to be a witness to testify about whether he had access to it.  3)  In the event that the firearm is seized and your roommate gets off of any charges, you would still have to fight with the police over the return of the gun and possibly have to get court involvement to have it turned back over to you.  4)  You would have to make sure that you don't leave any gun stuff laying around.  This means no loose round of ammunition laying out because it didn't fit in the magazine. It means that if you have a range bag that there is nothing left in there.  I don't know if there is anything associated with magazines but you shouldn't leave those laying around as well. Theoretically, you really shouldn't even load magazines or clean guns in the home because it would be unsecured at those times. Any of these items are a possible basis for a felon in possession charge for him.

This is not an idea solution, but if you have a car that he does not use, get a car mounted lockbox/safe and keep the firearm in there.  The same caveats apply for bringing stuff into the home, but at least it is a separate location.  There are additional risks with leaving it secured in the car and you have to be careful of theft, but it would potentially be an option.  Alternatively, if you have a friend that can store the gun for you, you could do that.  I know that those solutions don't really address self-defense in the home but it would allow you to use a range.

Another important consideration is your friend himself.  It sounds like he is helping you out a great deal and providing you essentially with a means of getting by.  Even if his felony conviction doesn't disqualify you from owning a gun, you really should consider whether you want to put him at risk of future charges and put his freedom in jeopardy.  In addition, since he is helping you so much and it is his name on the lease, I believe that you should respect his wishes.  If I were in his shoes and found out that you had brought a gun into the house without my permission and knowing that it would potentially put me in jeopardy, you would be gone because I would not be willing to take that chance.  You have to be careful to make sure that this will not happen to you, even if you figure out a way to possibly protect him from any charges.  If you don't have anywhere else to go or a means to get your own place, it may be best to wait.

Link Posted: 8/29/2014 8:52:52 AM EDT
[#13]
Discussion ForumsJump to Quoted PostQuote History
Quoted:
Well I really shoulda seen all this happening anyway, its just been how things go when it comes to me, I don't make enough to live on my own. so I don't know what I am gonna do... I do know I am not gonna get a firearm, I am not gonna go hunting, I am not gonna go to the range. I can't hit the road or wouldn't without a firearm to protect myself, but disappearing does sound nice.

thanks for all the answers I really appreciate it.
View Quote

As I said before, there may be a way for you to do ALL of the above things (get a gun, go hunting, go to the range). You just have to be sure you're within the bounds of his terms, state law, and federal law. Look into PCP airguns, muzzle-loaders, etc.

FWIW, I am part of another forum that has a fairly active guy from another state that is a felon (his screenname has "FELON" in it. He is active in the shooting-sports community. He owns many black-powder and air/spring pellet guns. You can get 30 cal and larger PCP air rifles like Lewis & Clark used on their expedition and you can kill game with them very easily. You can use muzzleloaders. If self-defense is a big deal to you then you need to seriously consider a cap & ball revolver if you can't own a firearm.

Of course, there is one option that is being overlook here. If you aren't in a high-crime area, you can more than likely buy the handgun and keep it in your vehicle at all times. That way it's not in the house, if for any reason he is investigated etc you're just visiting and it's locked in your car.

Don't give up yet. You have options; they're just limited options.
Link Posted: 8/30/2014 10:46:20 PM EDT
[#14]
Discussion ForumsJump to Quoted PostQuote History
Quoted:
Yea ill just move... like its a snap of the fingers easy as fuck thing to do... I have nowhere to go... no family no nothing.
View Quote

Motel 6....they'll keep the light on for ya
Link Posted: 9/1/2014 3:38:37 PM EDT
[#15]
I would consult with whatever law enforcement agency has jurisdiction where you live and get the answer in writing with the officer's card, then act accordingly.
Link Posted: 9/3/2014 1:59:04 PM EDT
[#16]
Your roommate cannot be in possession of any firearms.  What that means is you can live in his house and own firearms, so long as you never allow them to be in his possession or control.  i.e., they'd have to always be under your control.

Step one, buy a gun safe.

Step two, put gun safe in your room.

Step three, buy guns.

Step four, never let roommate have access to any of your guns.

That being said, in the long run, it'd probably easier to insulate yourself from any legal issues by simply finding another place to live.

ETA:  After reading more of this thread, it sounds like this is guy is really doing you a favor.  If he doesn't want any guns in his house, which is completely understandable, I'd suggest that you simply abide by his wishes or find a new place to live.
Link Posted: 9/3/2014 1:59:48 PM EDT
[#17]
Discussion ForumsJump to Quoted PostQuote History
Quoted:
I would consult with whatever law enforcement agency has jurisdiction where you live and get the answer in writing with the officer's card, then act accordingly.
View Quote


Their answer would be "Hire a lawyer."
Link Posted: 9/3/2014 2:33:29 PM EDT
[#18]
Discussion ForumsJump to Quoted PostQuote History
Quoted:
Yea ill just move... like its a snap of the fingers easy as fuck thing to do... I have nowhere to go... no family no nothing.
View Quote



The govt will move you to new accommodations for free.
Link Posted: 9/3/2014 8:34:55 PM EDT
[#19]
Discussion ForumsJump to Quoted PostQuote History
Quoted:



The govt will move you to new accommodations for free.
View Quote View All Quotes
View All Quotes
Discussion ForumsJump to Quoted PostQuote History
Quoted:
Quoted:
Yea ill just move... like its a snap of the fingers easy as fuck thing to do... I have nowhere to go... no family no nothing.



The govt will move you to new accommodations for free.



....or they may take his guns until it gets all sorted out, or maybe never give them back. He wouldn't be arrested.
Link Posted: 9/3/2014 8:35:34 PM EDT
[#20]
Discussion ForumsJump to Quoted PostQuote History
Quoted:


Their answer would be "Hire a lawyer."
View Quote View All Quotes
View All Quotes
Discussion ForumsJump to Quoted PostQuote History
Quoted:
Quoted:
I would consult with whatever law enforcement agency has jurisdiction where you live and get the answer in writing with the officer's card, then act accordingly.


Their answer would be "Hire a lawyer."


+1
Link Posted: 9/12/2014 5:12:34 AM EDT
[#21]
Yea ill just move... like its a snap of the fingers easy as fuck thing to do... I have nowhere to go... no family no nothing.
View Quote




sure sounds like "old whine in new bottles."

quit your belly-aching. you've got damned good advice here.

you make your choices and you live with them. quit your bitching.

own up to the fact this dude "may" and that's the big variable "may" get you in some shit.

if he does, YOU LIVE IN THE SHIT. no one else does.

rights/smights don't mean anything if "The Man" has a hard-on for your roomie and this gets you sucked in.

you can control your actions and inactions.

you cannot control the actions or negligence of others.

I have learned this the past 70 years.

I am telling you this in allk candor and fairness, hoping to make you see potential INTENDED and UN-INTENDED consequences of this relationship.
Link Posted: 9/12/2014 12:15:52 PM EDT
[#22]
I will posit the theory that if one can't afford a place to live, one might be better served to save up their money for that, instead of buying guns at that point in their life. Your call.
Link Posted: 9/15/2014 4:09:40 PM EDT
[#23]
Discussion ForumsJump to Quoted PostQuote History
Quoted:
I will posit the theory that if one can't afford a place to live, one might be better served to save up their money for that, instead of buying guns at that point in their life. Your call.
View Quote



This!
Link Posted: 9/18/2014 3:38:48 PM EDT
[#24]
Discussion ForumsJump to Quoted PostQuote History
Quoted:
I will posit the theory that if one can't afford a place to live, one might be better served to save up their money for that, instead of buying guns at that point in their life. Your call.
View Quote

Came to post this but too late.
Close Join Our Mail List to Stay Up To Date! Win a FREE Membership!

Sign up for the ARFCOM weekly newsletter and be entered to win a free ARFCOM membership. One new winner* is announced every week!

You will receive an email every Friday morning featuring the latest chatter from the hottest topics, breaking news surrounding legislation, as well as exclusive deals only available to ARFCOM email subscribers.


By signing up you agree to our User Agreement. *Must have a registered ARFCOM account to win.
Top Top