CA - Roommate is a felon question

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kent11202

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Here's the situation.

A guy has a girlfriend that has been convicted of felony perjury.

She lied to the police on several occasions regarding facts surrounding a guy that had allegedly been stalking her. The guy spent four months in jail and later had all charges against him dropped.

Because of her actions, she got sentenced to an equal amount of time.

The judge, and her attorney, are BOTH telling her boyfriend he needs to get rid of his LEGALLY owned firearm - they live together.

I've tried to look this up but my eyes were starting to bleed.

Can the boyfriend be REQUIRED to dispose of his firearm? Can it be turned over to someone else (me) for safe keeping providing I were to notify law enforcement (in writing) I am holding it?

Would I somehow be in violation of the law for doing this? This is in California.

Any link to a "reliable" site would be appreciated.

Thanks!
 
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He probably needs to consult his own attorney. I'm not surprised the girlfriend's attorney says so... he is paid to represent HER interests.
 
I don't know of any federal law he would be breaking, as long as he restricts her access to it. I'm not even sure he would he would be required to restrict her access to it; it would just save complications. As long as their is a bona fide agreement and understanding that she is a felon and not allowed to possess firearms, even his when he lives with her, I can't imagine his culpability.

To be honest, it sounds like the judge/attorney are strongly suggesting that he not possess them for the sake of saving complication in the event of a dispute.

Personally, I think I might have trust issues with a convicted/admitted felony perjurer if there ever was a dispute.
 
Your friend needs to speak with his attorney. I don't know Calif. law specifically, but generally, a convicted felon can not reside in a place where firearms are stored. The risk to your friend is that he may find his firearms confiscated if she is arrested while firearms are present. Could be as simple as a Parole Officer visit where an empty shell casing is noticed....

Larry
 
I think if you check Federal law you'll find that a felon can not reside where there are firearms. A friend had that problem a few years ago. Felon living in the house ... NO GUNS. State law never enters the picture so to speak.
 
Fishinfool said:
Your friend needs to speak with his attorney. I don't know Calif. law specifically, but generally, a convicted felon can not reside in a place where firearms are stored. The risk to your friend is that he may find his firearms confiscated if she is arrested while firearms are present. Could be as simple as a Parole Officer visit where an empty shell casing is noticed....

Larry
Click to expand...

Thanks to each of you that have responded.

Larry, the residence issue is what bothers me. I wouldn't want him to suffer as the result of her transgressions.

Ranger, if only. He's "in love" and there appears to be no turning it around - "wrong head" is the underlying force I guess.

Like I told him just the other day. What if you hang on to it and the police show up and enter the house (they've done this several times in response to them calling). One of them reaches for their phone to call someone and.....you've got....all hell brakes loose because law enforcement KNOWS there's a weapon on site.

On the other hand, he has no record whatsoever and is a really decent law-abiding guy ENTITLED to possess a firearm.
 
On the surface, it seems a fairly simple decision. Keep the guns OR the girlfriend.

BUT, there is a second choice. Keep the guns AND the girlfriend. He merely needs to store the guns at a 3rd location. i.e. locker at the gun range, storage unit, office, etc. That eliminates the jeopardy of guns in the residence for the girlfriend. It also keeps them at a SAFER location under lock and key. I hear that CA has some insane storage laws.

As Ranger514 infers, your friend needs to stop letting the little head control the situation here.

Lastly, is there any CA law about aiding and abetting a felon with guns?? If yes, HE could be looking at jail time.

Talk to your friend. If you are the "friend", get those guns out of the house NOW. That lawyer and judge could be trying to save his/your butt.

When a judge recommends you do something, you need to pay attention.....................
 
It is clear you want the "Right" answer not someones opinion. For that you should contact one of them who indicate he should part with one or the other - and at that time have them provide you with their source for the ruling.

Is the idea of you holding the weapon based on the consideration that he and the girlfriend may someday part?
 
Oh yeah, he also needs to consider the eternity of his decision. If he keeps the girl, he will NEVER be allowed to keep any guns, long or pistol, at HOME in any state for the next 70 years. That felony status will be with her until she dies all across the USA.

Unless of course she gets a pardon and those don't come cheap. I had a relative once who got one from Jimmy Carter for a federal felony. It was hinted that it cost well over $100,000 to get it.
 
As many said before in one way or another, loose the woman ASAP.

An option not mentioned is have liar felon request a pardon from the Governor. There is a waiting list and other hoops to jump through.
Contact the state DOJ for information.
I don't know all of my friends past, but would think hard before letting anyone move in.
 
Pecos Bill said:
I think if you check Federal law you'll find that a felon can not reside where there are firearms. A friend had that problem a few years ago. Felon living in the house ... NO GUNS. State law never enters the picture so to speak.
Click to expand...

I think I would check Federal and State law and consult an attorney all three. But it seems like recently I heard or read that 36000 convicted felons were being turned loose, among
them 193 murderers and over 400 rapists, who had done their time.

Now if one of them 36000 convicted felons was just turned loose recently got caught with a spouse with a gun in the home
why would they turn around and lock them back up again?
Seems pointless to me to lock them back up if the idea was to
save money to begin with.

I lived next door to one family who had two parolees a mom and daughter on parole, and next door to another who had been
convicted in a shooting. One day he told me that if he stayed
out of trouble for 8 years he could have a gun in his apartment
and wanted to get one for his wife. I figure the laws are pretty
lax in this area myself, but I would not want to test it without
consulting a lawyer.
:confused:
 
kent11202 said:
She lied to the police on several occasions regarding facts surrounding a guy that had allegedly been stalking her. The guy spent four months in jail and later had all charges against him dropped.
Click to expand...

She lied once who's to say she won't do it again. Must have had a thing for the other guy.


kent11202 said:
.
Can the boyfriend be REQUIRED to dispose of his firearm?
Click to expand...

I don't see where that would be a issue for him. Now for her there may be a problem if they find firearms in a dwelling she lives in. Remember she's the felon not him so there is nothing keeping him from owning a firearm, like I said she's the felon and if he doesn't want her to maybe go back to jail he will need to remove the firearms. Just my armchair thoughts.
 
kent11202 said:
Here's the situation.

A guy has a girlfriend that has been convicted of felony perjury.

She lied to the police on several occasions regarding facts surrounding a guy that had allegedly been stalking her. The guy spent four months in jail and later had all charges against him dropped.

Because of her actions, she got sentenced to an equal amount of time.

!
Click to expand...

Whether or not he can keep a gun is the LEAST of his worries.
This gal is psycho, crazy, vindictive and a liar. Think Glenn Close in that movie with Michael Douglas. She did it once-she'll do it again. Hell, even if he keeps her, he ought to get rid of the gun for his safety.
 
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