Is my buddy is a sticky situation?

[Permanent37]

Over the past year my co worker has learned a lot about firearms from me and taken the hobby up himself. I took him shooting for the first time and even helped him pick out his first gun. Today he informed me that he plans on moving in with his new girlfriend that was convicted of a felony 15 years ago. So obviously she cannot have firearms in her possession. Is there anyway he can live with her and legally keep his guns in the house? Maybe keep them locked in a case only he has access to? I figured someone on here would know more then me, I just know felons and guns are a big no no and I don't want him to get tied up in anything considering im willing to store his guns in my safe. Any info would be greatly appreciated.

 

[Coded-Dude]

if they(firearms & ammo) are locked and she doesn't have access to the key/combo, he should be okay(combination would be easier to justify than a key that can get left laying around). i'll have to double check, but I have seen this question asked/answered before.

EDIT - consensus seems to be yes you can, but it gets murkey from there. a felon cannot own/possess a firearm. possess is where it gets unclear. does that mean have access to(does a loaded handgun in your night stand equal possession for her; I wouldn't want to be the test case) or actually take possession of. if she has a parole officer, I would see what they deems appropriate.

 

[BadgeBunny]

If it was a non-violent felony she could get it expunged.

 

[Permanent37]

If it was a non-violent felony she could get it expunged.

It was non violent, drug related I believe. He said she is in the process of getting it expunged. As for a parole officer I doubt she has one to talk to since it was so long ago.

 

[BadgeBunny]

It was non violent, drug related I believe. He said she is in the process of getting it expunged. As for a parole officer I doubt she has one to talk to since it was so long ago.

Ok. Once that process is finished there shouldn't be a problem. I'm not sure what a parole officer could do for her. The attorney I worked for who did enhancements on a regular basis never dealt with anyone but OSBI and the Governor's office, IIRC ...

 

[Coded-Dude]

He was referring to me BB, I said if she had a PO to ask them about firearms in the house(whether or not they NEED to be locked). A call to the District Attorney might also help. Inquire what they think "possession" is....after all, they would be the one charging her.

 

[fatcpa]

Sounds like the permit holder is OK with gun locked up, but person with a felony on the books is screwed. I wonder how often this is enforced?

Copied from SDA Handbook on OSBI website:

TITLE 21 § 1283 CONVICTED FELONS AND DELINQUENTS

A. Except as provided in subsection B of this section, it shall be unlawful for any person convicted of any felony in any court of this state or of another state or of the United States to have in his or her possession or under his or her immediate control, or in any vehicle which the person is operating, or at the residence where the convicted person resides, any pistol, imitation or homemade pistol, altered air or toy pistol, machine gun, sawed-off shotgun or rifle, or any other dangerous or deadly firearm.

E. Any person having been issued a handgun license pursuant to the provisions of the Oklahoma Self-Defense Act and who thereafter knowingly or intentionally allows a convicted felon or adjudicated delinquent or a youthful offender as prohibited by the provisions of subsection A, C, or D of this section to possess or have control of any pistol authorized by the Oklahoma Self-Defense Act shall, upon conviction, be guilty of a felony punishable by a fine not to exceed Five Thousand Dollars ($5,000.00). In addition, the person shall have the handgun license revoked by the Oklahoma State Bureau of Investigation after a hearing and determination that the person has violated the provisions of this section

 

[HonkyTonkHale]

That is a tricky situation that has undoubtedly occurred somewhere before. I would have your friend contact an attorney or law enforcement officer to give a definitive answer. I would think that keeping the guns in a combination safe would be enough, but I would not risk it.

 

[BadgeBunny]

He was referring to me BB, I said if she had a PO to ask them about firearms in the house(whether or not they NEED to be locked). A call to the District Attorney might also help. Inquire what they think "possession" is....after all, they would be the one charging her.

Oh ... sorry ... I COMPLETELY misread that post ... lol ... and yeah, that's true ... I think a call to a PO would get the advice to call the DA ... or to retain a lawyer who does expungements. I know the guy I worked for kept a "tickler" system where he automatically contacted clients who were coming up in the date they could file. If they had stayed out of trouble (about 60% of the time, roughly) it netted him additional income for minimal work (as in I did all the work lol) ... plus it helped his clients who had worked hard to not repeat past mistakes get on with their lives. One of the few things in a law practice that I considered a win, win for everyone involved ...

Eta: JEEZ, Louise, I hate that danged auto-correct ... lol

 

[SMS]

Your buddy is in a tricky spot. Just having them locked up is not automatically enough. Constructive Possession is one operative term he should look into...as well as getting real legal advice.