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Posted: 11/29/2005 2:54:34 PM EDT
My wife and i are currently staying at her parents in Lehigh Valley. They have a little over an acre and we live in a little apartment they have out back above her dads work/three car garage (he doesnt use it for cars but for a billion different tools and a workshop) Its really enormous wth several very large rooms and a kitchen etc etc. Anyway this spring her uncle is being released after 9 years in prison for drug charges and her mom is letting him stay at the main house which is about a hundred feet from our home. My question is : What are the legalitys with him living on th eland and my havinga small arsenal? Is a detached house enough of a loophole or do i need to take my guns elsewhere until he leaves? Do you even have to worry about this? Anyone have info on this? Thanks.
Link Posted: 11/29/2005 4:44:42 PM EDT
[#1]
I believe the burden (avoiding contact with firearms) would be on the Felon to avoid breaching probation, not the guests housing him.

If you're concerned its worth the time to contact an attorney for a consult, a handful of $ now can save you lots of grief down the road.


Philip G. Kline
Attorney at Law
519 Juniper Street, Quakertown, PA 18951
Phone: (215) 538-4444
Fax: (215) 538-0140
Areas of practice:  NFA issues, NICS denials, zoning, estate admin. & planning, civil litigation, defense of misdemeanors & summary offenses.
Bar admissions:  PA (active) NJ (inactive)
RKBA Organizational Memberships:  NRA member
Link Posted: 11/30/2005 6:33:34 AM EDT
[#2]

I believe the burden (avoiding contact with firearms) would be on the Felon to avoid breaching probation, not the guests housing him.


I am not sure that is correct. As far as NYDOCS is concerned the relesed felon has to get his new residence approved by Parole. Parole would come and inspect the property. There first question would be are there any firearms on the property not the house. I know of a situation where a guy who had a buisness attached to his main residence and he was going to lock his firarms up at the buisness. His son was getting uot of prison and his house was not approved. The reason was that there are firearms to close to the felon and too acessiable. Take this with a grain of salt, PA might be differant.
Link Posted: 11/30/2005 11:36:09 AM EDT
[#3]
If i have to move firearms out this druggy asshole inlaw family member will be hard pressed to get a nice word out of me. Whatever the case may be the Remington 870 and my carry Glock are staying. In the new year when i get my next ar thats to be the house gun thats staying too. Fucking criminal.
Link Posted: 12/7/2005 6:04:39 PM EDT
[#4]
Do you have a safe?  If you have your own apartment on the property and your guns are secured there and he does not have access, I can't see that being a problem.  Say if you lived in an apartment complex in apt 101 and some felon moves into 102, he's on the same property.  I hardly think you would have to do anything.  I believe a felon cannot "own or possess" a gun.  Just don't let him smoke a bone in your gun room!
Link Posted: 12/17/2005 4:11:45 PM EDT
[#5]
Has he served an entire sentence, or is he being paroled? Was he in state prison or federal prison? If he is being paroled, as previously mentioned, there will be a PRI or pre release investigation done.  Otherwise, I think as long as he does not "possess" the firearms everything should be fine.
Jules
Link Posted: 12/18/2005 10:48:46 AM EDT
[#6]
He's being paroled. He has to go to a halfwak house down in Philly for awhile then comes up here. I'm going to keep my stuff locked up in some Pelican type cases in my truck (it needs some work and won't be going anywhere). We live out in the boonies so no one touches anything on our land.
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