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Discussion in 'Off-Topic' started by G22GEN4, Feb 1, 2012.
I have a very interesting question & want the knowledge of someone in law.
I'm sure there are one or two on board so go ahead and ask away!
I'm not specifically an LEO (I deal in federal fugitives nationwide) but I work very closely with them and 99% of my family is so I can try and help also.
Shoot away... I'll help best I can... Or just send me a private message...
I'll do my best to answer
Ok. Say a felon is released from prison & has to live with family who are responsible gun owners & perfect citizens. In a home invasion, someone busts in and shoots at will. The felon is the only person near the firearms at this time. Does the felon get the firearm & defend his & his family's life, or obey the laws set for him & everyone dies but the invader? This is not real just a thought that's racking my brain lol. I'm not a felon either.
The legal answer is the felon goes to jail for using a firearm and the homeowners go to jail for having firearms in a home where a known felon is living.
The real world answer is post bail and get a good lawyer.
Wow! I think America is becoming a 3rd world country
Felons can't be in a home with guns, period.
I'm sure it's different in every state, but felons can be in the same home in Oregon and Oregon has a "lesser of two evils" law IRRC that would allow a felon to defend life with a deadly weapon.
Firearms are required to be out of control of the felon in the home, not removed from home.
PS> not LEO, just read law a little
My hats off to Oregon, thats the way it should be.
DVCguns... Same applies here in MI... Firearms must be "unaccessible" to the felon... AKA gun safe or action locks....
In Ga. a felon can live in a home with firearms. They must be kept in "Private areas" he normally does not enter. Example, the home owners bedroom or closet, a locked storage area, etc..
In example asked about. He would be arrested. Probably not tried or looking at jail time. Would be up to local DA.
Just as with all criminal law it varies from state to state.
In IL a felon can live in a home where there are firearms; the home owner or immediate family member has to have an FOID , and the felon can't have access to the firearms i.e. they have to be locked up.
Plus, there's always the old 'tried by twelve or carried by six' hope of salvation.
Some states even allow felons to be around guns. I think in PA there's a distinction between violent felons and non-violent.
I'm not familiar with the exact law, so if someone from PA would care to comment, I'd sure appreciate it.